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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.

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Minor Consent & Confidentiality in SBHCs

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  1. Minor Consent & Confidentiality in SBHCs OSBHCN Conference October 10, 2008 Sarah Ramowski

  2. Purpose • Learn from each other…successes & failures • Ask lots of questions! • Give SPO input, but we are here to facilitate conversation among you all

  3. 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

  4. 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)

  5. 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!

  6. 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)

  7. 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

  8. 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

  9. Consent for Services vs. SBHC Access Parental consent to access SBHC vs. Minor consent for receiving health care services SPO has policy flowchart to help guide you

  10. 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

  11. On To the Panel… • Coos County • Shannon Weybright • Ingrid Tyson • Washington County • Kathleen O’Leary • Ashland • Judy Blickenstaff

  12. Contact Information Sarah Ramowski Adolescent Health Policy Specialist (971) 673-0377 sarah.ramowski@state.or.us Thank You!!

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