Confidentiality, Privacy and Security

Release of Information by Minor

  • 1.  Release of Information by Minor

    Posted 09-27-2016 13:36

    Can a minor complete an ROI to request Depo records, or birth control records, from a previous provider?  Or is the parent, or legal guardian, required to complete the ROI to request this information?  I would appreciate information regarding this.  Thank you so much!

    Carol Taber
    Health Information Coordinator II
    Student Health Center - UNLV

  • 2.  RE: Release of Information by Minor

    Posted 09-28-2016 09:47

    Have you reviewed your state laws related to minors being able to consent to treatment without parent or guardian consent?  Did the patient consent for the treatment they are requesting? 

    DeAnn Tucker
    Privacy & Security Officer

  • 3.  RE: Release of Information by Minor

    Posted 23 days ago
    Great suggestion DeAnn!

    There are a multiple of variables here which require a legal basis to answer the question.  Is the minor emancipated, does she have a child (and therefore legally emanicapated) or did she consent to the original treatment?  Where is the original provider located?  Clinics known as Title X (ten) clinics are confidential for teens and adults.

    The United States Constitution protects a minor's right to privacy in obtaining contraceptives.  In Carey v. Population Services International, the Supreme Court relied on minors' privacy rights to invalidate a New York law that prohibited the sale of condoms to adolescents under 16.  The Court concluded that the ""right to privacy in connection with decisions affecting procreation extends to minors as well as adults.

    Julie Zabriskie, MSHI, RHIA
    HIT Program Director
    Southwestern Michigan College