minor consent & confidentiality in sbhcs
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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!!
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