minor consent & confidentiality in sbhcs

Minor Consent & Confidentiality in

SBHCs

OSBHCN Conference

October 10, 2008

Sarah Ramowski

Purpose

• Learn from each other…successes & failures

• Ask lots of questions!

• Give SPO input, but we are here to facilitate conversation among you all

Outline

• Overview of Statutes…what they say, what they don’t, what is fuzzy

• State Program Office policies to help you

• Panelist Questions

• Audience Q&A and Discussion

Statute: Age of Consent

• Any Age – Treatment for venereal diseases (ORS

109.610)

– Birth control information & services (109.640)

• Age 14– Mental health or substance use diagnosis

& treatment (109.675)

• Age 15– Any other medical or dental treatment

(109.640)

Statute: Confidentiality

• All Health Care Services except Mental Health (109.650)

– Providers may disclose minors’ information to parents, but are not obligated to do so

• Clinical Judgment is Key!

Statute: MH Confidentiality

• ORS 109.675 (2)– Parents should be involved unless

they refuse or “clear clinical contraindications to the contrary”

• ORS 675.580 & 675.765– LCSWs & LPCs (and their employees) will

not disclose client communication without permission (exceptions for abuse, threat to self or others, or obtaining other assistance for client)

Statute: Provider Type & Consent/Confidentiality• Reproductive health/family

planning– Provider type not specified

• Mental Health– MD, psychologist, NP, social worker,

community mental health worker

• Other Health Services– Physician or dentist

What about Mid-Level Providers?• Mid-level providers not really

covered by statute

• Mental health is exception

• SBHC/District policy is important

• Expected that age of consent will be followed across the board

Consent for Services vs. SBHC AccessParental consent to access SBHC

vs.

Minor consent for receiving health care services

SPO has policy flowchart to help guide you

Progress & Next Steps

Today

- Write down questions/comments for us

Future

- Email sbhc.program@state.or.us

- Webinar 12/9 on HIPAA/FERPA

- SPO to put out guidance memo & get additional clarification

On To the Panel…

• Coos County– Shannon Weybright– Ingrid Tyson

• Washington County– Kathleen O’Leary

• Ashland– Judy Blickenstaff

Contact Information

Sarah Ramowski

Adolescent Health Policy Specialist

(971) 673-0377

sarah.ramowski@state.or.us

Thank You!!