Annnnnnnd this is why I won't click through to the article. Like the gays are the ones getting the abortions, LOL!!! I refuse to give hate groups clicks, sorry. I recognized the name of the site from other debates you have posted, and I remember the comments and the bile they raised. Gloria, if you want to cut and paste the remainder of the article I will read it, otherwise, sorry.
WRONG- Untill a parent isn't legally liable for the child then they have full rights to know and control everything that child is doing. If the child can't drive, drink, smoke, serve in the military, own a gun, vote.. Then the parent is responsible and the children have different rights than an adult. Different societies view that age differently, which is fine.. But either give them full status as adults or don't..
DH-Aug 30th 1997 Josiah - 6/3/02 Isaac 7/31/03
drive 16 but varies by state
, drink 21
, smoke 18
, serve in the military, 18
own a gun, ? I don't know. Isn't this like 3 in texas? Doesn't this vary by state?
Which age is it? Frankly I don't want "full responsibility" for my kids till they are 21, nor do I want them to have "full responsibility" at 16. Society gives gradual responsibilities with age. NY's law seems wildly young to me ~ Unfortunately it has been put in place because of things like ~ well, maybe like scary zealouts who would hurt a child who came home pregnant and she needs to be protected, or a child who is a victim of incest and can't turn to her parents. Unfortunately those things exist. I don't know how I feel about the law, other than to say that it reinforces to me the importance of maintaining a good relationship with my children. Again, we already have to give permission for our spouses, or our parents, to access our records, this really is no different. Any parent with a normal relationship/non abusive one will see nothing change. What are people worried about unless they shame or abuse their children, is how I see it.
To answer the OP though, I think that parents do need access to their children's medical records, especially if they are going to be held liable for the insurance and billing (and as long as we refuse to be a single payer healthcare country, OF COURSE the parents should be the ones responsible for the bill. Are there actually 12 year olds out there that have the ability and know how to take care of this stuff on their own? If reproductive issues like access to birth control and abortions are the issue here, then they need to craft a better system to deal specifically with those issues, other than a blanket "mom and dad get the bill but can't know anything about it unless Jr goes online and sets up his own account and....."
eta: Sorry, it was "communist state control" washing up on American soil.
Last edited by Alissa_Sal; 03-13-2013 at 09:50 AM.
-Alissa, mom to Tristan (5) and Reid (the baby!)
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It's not always that simple.
Thats not even factoring in if the child(ren) have any sort of long term medical problems. I'm going to have to do guardianship papers for both my sons before they turn 18 because of the issues involved.
Here is a good piece that explains the law better than the article. Its just an excerpt from a larger piece.
So first, based on the bold, i think the account given in the article is a matter of poor execution of the laws. I think the information could have been properly disclosed to the parents without any problem.Generally, under NYS law, minors may only receive medical treatment with the consent
of their parents or custodians.4
However, New York has long recognized that minors,
under certain circumstances, must have the ability to control certain aspects of their
medical care and their medical information. A minor?s need for medical care or
information gathered in the course of medical treatment may place them in conflict with
their parent or guardian. This may arise when a minor seeks a specific form of medical
treatment, such as reproductive care. But such situations may also be triggered by
information gathered in the course of routine medical care to which the parent has
consented. A parental consent or notification requirement or subsequent parental access
to medical information may discourage the minor from seeking treatment or sharing
necessary information with their health care provider, damage the minors? relationship
with their parent or guardian, or put the minor at risk of harm.
Consequently, all minors in New York have the right to consent to their own treatment in
certain circumstances and for certain medical conditions, and state law also gives some
minors the right to consent to all or almost all their medical care.5
When minors consent
to their own medical treatment, they are then entitled to confidentiality of those records;
providers may not disclose information about minor-consented treatment to parents or
guardians unless they first obtain the minor?s consent to do so. In fact, all minors may
have the right to voice an objection to the disclosure of medical information gathered in
the course of their treatment when sharing that information with parents, guardians, or
others would pose a threat to the minor?s well-being.
When it is the parent, and not the minor, who has the authority to consent to the minor?s
care, information about the minor?s treatment usually may be disclosed to the parent.
New York law, however, allows concern about detrimental effects on the health and wellbeing of a minor patient to trump the parent?s right to access. A health care provider
must not reveal the information to a patient?s parents if he or she determines that
disclosure would be detrimental to the provider?s relationship with the minor, or to the
minor?s relationship with his or her parents.6
A provider may also withhold information
from a minor patient?s parents if the minor is over twelve and objects to the disclosure.7
In such cases, the health care provider can rely on his or her judgment as to whether to
disclose the information to the minor?s parent.8
Circumstances in Which Minors Can Consent to Their Own Health Care
In New York, all minors have the authority to consent to their own treatment in a number
of situations and, generally, to control access to information related to such treatment.
By law, minors have the right to consent to care for the following health services on their
own (without parental involvement or consent):
? Reproductive health care, including family planning (i.e.,
birth control and other contraception),9
contraception,10 abortion,11 pregnancy/prenatal care,128
including care during labor and delivery and care for sexually
? Mental health services under many circumstances;14
? Certain alcohol and drug abuse services;15
? HIV testing (although parental consent is generally required for a minor to
receive medical treatment for HIV 16; and
? Sexual assault treatment.17
Providers also can treat minors in an emergency without parental consent.18 In this
instance, access to information may not follow consent. In the case of ?emergency [care]
which was the result of accidental injury or the unexpected onset of serious illness?,
medical information can be disclosed to the parent or guardian, 19 unless the disclosure
would put the minor at risk.
Additionally, under NYS law, certain categories of minors have a broader right to
consent to any and all medical care, and therefore, to the confidentiality that accompanies
consent. Married minors,20 pregnant minors21 and minors who are parents themselves22
have a statutory right to consent. New York law also gives emancipated minors, the right
to make their own health care decisions without the consent of a parent or guardian.2
And as to the rest mentioned above, i have no problem with it
The entire PDF can be found here:
It also gives some actual scenarios for consideration.
Last edited by KimPossible; 03-13-2013 at 11:57 AM.
It truly depends.
Just like in a divorce case, their is attorney-client privilege between the children and the guardian ad litem. That way children are free to express their concerns and opinions without fear of repercussions with either parent. However, if a minor is charged with a crime, the parents would be a part of the criminal proceedings.
Likewise, depending on the nature of the medical treatment/visit would determine how much information the parents are privvy to. If it is something like a minor asking about an STD test needs to feel free to be able to talk to the doctor. If the visits are psychiatric, the minor needs to feel free to be honest about what is going on.
Of course anything that would result in a doctor notifying the authorities should include notifying the parents also.
In the movie My Sister's Keeper the younger daughter hires a lawyer to be allowed to make her own medical decisions because her mother is having her undergo marrow transplants (?) to save her sister's life. Something like that should involve the child's input on what happens .
A broken leg? Car accident? Plantar's wart? Yeah, there shouldn't be any dr. - patient confidentiality from the parents.
I said earlier in the week about my DD's trip to the ER. When they wheeled her to the x-ray/scan area, I had to walk with her but wait outside the door (due to radiation).