| minors,
privacy rights of (Florida)
The general rule
for minors' health information privacy is that if a minor
has the right to control a health care decision, then he or
she has the right to control the information associated with
that decision. Florida statutes articulate that rule in a
few specific areas.
Minors may receive
examination and treatment for sexually transmissable diseases
without the consent of a parent or guardian. The fact of the
consultation or treatment cannot "be divulged in any
direct or indirect manner" (such as by sending a bill
to the parent or guardian). (FL Stat 384.30)
When a minor acting
alone has the legal capacity to voluntarily apply for and
obtain substance abuse treatment, any written consent for
disclosure may be given only by the minor client. When the
consent of a parent, legal guardian, or custodian is required
for treatment, the consent must be given by both the minor
and the parent, legal guardian, or custodian. (397.501)
Beyond the excepted
areas, the even more general rule is a presumption of parental
control over unemancipated minors' health care decisions,
and thus of the information associated with that decision.
As in many other
states, Florida gives special statutory attention to the matter
of minors' abortions. Under the Parental Notice of Abortion
Act, a termination of pregnancy may not be performed or induced
on a minor unless notice has been provided to at least one
parent, or to the minor's legal guardian, at least 48 hours
in advance. (390.01115)
Such pre-termination
notice is not required where a medical emergency exists (the
physician must document the medical necessity), when such
notice has been waived by the parent or guardian, or on successful
petition by the minor to a circuit court for a waiver of notice.
For the last of these, the court may grant a waiver based
on evidence of the minor's "maturity" to make the
decision, in the case of child abuse or sexual abuse by a
parent, or where notification is deemed not to be "in
the best interests" of the minor.
Divorced parents
have full rights to access their minor child's health records,
and to communicate with the child's health care providers,
even if they are not the primary residential parent, unless
a court order has specifically revoked or limited those rights.
(61.13)
One parent cannot
block another's access, absent such an order. However, as
always, if the minor has the right to seek treatment without
parental consent, he/she can block the access of either/both
parent(s) to the health information associated with the decision.
(61.13)
Extended family
members who have temporary legal custody of a minor child
-- or the putative father that has physical custody -- may
obtain access to and secure copies of the minor's medical,
dental and psychiatric records. Again, if the minor has the
right to seek treatment without parental consent, he/she can
block this access too. (751.01)
See also:
Last modified:
15-May-2005
[RC]
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