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14 Cards in this Set
- Front
- Back
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Minors can consent to tx when...
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1. emancipated minor (entered enter valid marriage, whether or not it has dissolved; active duty w. armed forces; declaration of emancipation from the court)
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A minor 12 yrs or older
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can consent to mental health tx and to residential shelter services when 1. the mental health prof. believes minor is mature enough to participate intelligently and minor would present serious phys. or mental harm to self or others w/o services, or is a victim of incest or child abuse.
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However, tx should involve the parent/guardian unless
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the involvement would be inappropriate.
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Are the parents/guardian liable financially?
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No unless they participate in those services; if so, they are liable only for services they participate in.
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What is not allowed by nonemancipated minors?
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no convulsive tx, psychosurgery or psychotropic drugs w/out consent
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Exceptions to these rules
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1. Etoh and drug-related problems (12 yrs and older) but not narcotic replacement (like methadone)
2.prevention and tx of pregnancy at any age 3. Victim of Rape (12 yrs): can get medical care related to dx or tx and collection of evidence 4. Victim of Sexual Assault (any age): rape, sodomy, oral copulation. Parents must be contacted unless the parent committed assault. |
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If the legal guardian sough the tx for etoh/drug use, can they obtain medical info?
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yip, even w/o patient consent
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STD tx
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12 yrs or older who has been exposed can consent if teh disease is required by law to be reported to the local health officer or is a related STD
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If minor cannot legally consent, who can?
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-if parents are married, either parent alone.
-if one parent disagrees, seek guidance from the court -if parents are divorced but share joint legal custody, either parent alone may consent -if a parent has sole legal custody, that parent can -unmarried parents, minors who are parents, and legal guardians -stepparents cannot authorize unless child is legally adopted |
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Can foster parents auth. tx?
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no, usually only for ordinary medical and dental procedures; dependency court consents for other tx
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In an emergency...
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no consent is necessary and psych can treat regardless of who brought them in.
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parents have a legal right to access info during tx...
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alert child and parents about confidentiality; if can;t come to an agreement, you don't have to tx the minor. Refer em out.
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minors rights to review records
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they have the right when they pertain to health care that they consented or could have consented to. Do not share confidential info with parents or legal guardians without client's permission
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when records don't pertain to health care that the minor consented to...
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the parents usually have the right to access; however, you can refuse if you feel this would be detrimental but you have to, make a note of it. HIPAA agrees with this.
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