Minor consent law (age?) for STD treatment in Oregon?

August 9, 2004 4:26 PM

Minor consent law (age?) for STD treatment in Oregon?

I have found the statute in the Revised statutes of OR (109.610) that indicates a “minor” can seek STD treatment w/o parental consent, but they don’t define minor and to my knowledge most states allow children as young as 12 to access STD treatment without parental consent.

Can someone who actually has experience with this let me know, a) what is the actual age of non-parental consent for STD treatment and b) what does OR say about the medical provider’s need to maintain confidentiality of info? Can they spill the beans on a kid to their folks?

So help me, I’ve been Googling for 2 hours on this, and I just need an expert. Thankyew.

posted by tristeza to law & government (8 comments total)

Question Do I need my parents' permission to get birth control?

Answer No, in Oregon and Washington you are not required to get your parents' permission for birth control. People of any age can receive gynecological exams, pregnancy tests, sexually transmitted infection screening, or emergency contraception without parental notification.

http://www.ppcw.org/teens/teensFAQ.asp
posted by raaka at 4:37 PM on August 9, 2004

If a parent calls later and asks if their kid was at the clinic they say something like, "We're not allowed to give out that information."
posted by raaka at 4:39 PM on August 9, 2004

If you're near Portland, head over to Outside In, they're very protective of youth privacy.
posted by cmonkey at 5:50 PM on August 9, 2004

Ah, my education in Medical Records is coming in useful. Under HIPAA, the person who makes the decision regarding treatment generally has the right to control the health information generated by that treatment. If Oregon state law allows minors to seek treatment for STDs without parental consent, parents have no right to that information, with exceptions. This is discussed here.

This from a confidentiality reference (warning: PDF) for Oregon County Health Departments may prove useful:

"Sexually Transmitted Disease Any minor may give consent to treatment for a sexually transmitted disease (ORS
12 109.610(1), Appendix A-12). In addition, a minor may consent to HIV testing (ORS 433.045(5), Appendix A-15). However, minors tested for HIV should be advised that HIV test results may be disclosed to parents or guardians upon the parent’s request (OAR 333-12-0270 (2), Appendix A-29). If a minor is legally able to consent for treatment, the minor may also authorize the release of the information about the treatment. Otherwise, the patient’s medical record may only be released with the informed consent of the patient’s parent or guardian. In the case of divorce, unless otherwise ordered by the court, either parent may consent on behalf of the minor (ORS 107.154, Appendix A-32)"
posted by Apoch at 7:07 PM on August 9, 2004

be careful - someone i know had an abortion in the uk and an anonymous voice - presumably one of the nurses - called their parents to tell them because they were "concerned" (despite being over any appropriate age limit).
posted by andrew cooke at 7:22 PM on August 9, 2004

Thanks, as always, all. You all homed in on exactly what my Google-fu was unable to find b/c my brain was too tired. Perfecto.

FYI, I'm teaching a class in basic STDs for non-clinical people in Portland next week, and trying to update the data and slides for Oregon. And a few Outside-In Folks are coming! :)
posted by tristeza at 8:17 PM on August 9, 2004

Disclosure of Protected Health Information is punishable by civil and criminal fines. "Criminal sanctions for knowing misuse or disclosures of PHI carry fines of $50,000 to $250,000 and one to ten years imprisonment."
posted by Apoch at 8:18 PM on August 9, 2004

Here is what the feds say parental rights are wrt children's medical records HHS HIPAA Answers

However, it is important to note that STI/STD reporting/treatment is subject to Public Health law which compels a person who is identified as carrying a disease which falls under the particular states guidelines as a "reportable disease" to divulge the person(s) with whom they have had sexual contact. The agency then contacts those people to say they have been identified as having had contact with someone who has been diagnosed with an STI/STD without naming the person who may or may not have transmitted said infection/disease. Furthermore, Public Health is a different animal and functions a bit differently than HIPAA guidelines in general healthcare practice.
posted by sillygit at 9:51 PM on August 9, 2004