Staff Spark 2: Confidentiality and Minor Consent – Laws Adolescent Champion Project

Case Scenario: Shay – 15 year old girl Purpose of visit: Sore throat Issue that emerges from clinician interview: Concerned about having a Sexually Transmitted Infection (STI) Parent information: Shay says she is worried her mother will kick her out of the house if she knows Shay is sexually active

The Law: Parent/Guardian Consent Exceptions A parent or legal guardian must provide consent on behalf of a minor (under age 18) before health care services are provided, with several important exceptions. Emergency care Care for emancipated minors Minors can be emancipated by: court order, marriage, military active duty Specific healthcare services related to: Sexual health Mental health Substance abuse treatment

Michigan Law Patients ages 12 and up have a right to the following WITHOUT parental/guardian consent or knowledge: o Pregnancy testing and prenatal care o Birth control information and contraceptives o Testing and treatment for sexually transmitted infections (STI's) o Substance abuse treatment Patients ages 14 and up can access mental health counseling without parental/guardian consent/knowledge o Up to 12 visits, or 4 months

Case Scenario: Shay – 15 year old girl Purpose of visit: Sore throat Issue that emerges from clinician interview: Concerned about having an STI Parent information: Shay says she is worried her mother will kick her out of the house if she knows Shay is sexually active Can Shay receive STI testing without a parent’s permission? Can she receive STI treatment? What if Shay was 13 years old?

Healthcare providers must breach the minor’s confidentiality and tell the parent if: o There is suspicion of abuse by an adult o The minor is a risk to themselves or someone else o The minor is under age 12 and has been sexually active o The provider may choose to tell the parents about any care provided to the minor patient for a compelling medical reason, in very rare situations Minors need a parent/guardian’s permission for: o Vaccines (including HPV) o Mental health medications o Inpatient mental health treatment o An abortion (unless a court-approved waiver is obtained) Michigan Law

Purpose of visit: Well visit Issue that emerges through clinician interview: States to clinician that he’s been depressed but not suicidal Parent information: Doesn’t want to disappoint parents Case Scenario: Giovanni – 17 year old boy Yes No