Law and Minors
Confidentiality
Generally, a decisionally capable minor’s right to access his or her own health information is the same as that of an adult.
Also the adolescent patient is generally entitled to confidentiality with respect to that information.
Doctor-patient confidentiality is an important concept when treating adolescents.
Parents are in normal circumstances, entitled to disclosure of their child’s (who is still a minor) health information.
There is some controversy though - is a minor (who does not have capacity) entitled to complete confidentiality? Can that minor prevent the HCP from disclosing information to their parents about a problem that the minor has sought medical advice about - (such as pregnancy or a sexually transmitted disease)?
HCPs generally treat information as confidential unless there is evidence that a problem such as drug abuse may be a serious threat to health and life.
If a FP becomes aware of a serious drug addiction and the adolescent patient refuses confidential treatment, then it may be appropriate to breach confidentiality. Each case should be examined individually.
In the USA, though drug abuse may be likely to threaten the patient's health and life, federal laws vary regarding the rights of minors to confidential evaluation and treatment.
There is a duty to report “child in need of protective intervention” to child welfare authorities.
Some STDs have to be reported (by statute).
