FLORIDA Spark s MINOR CONSENT AND CONFIDENTIALITY LAWS

FLORIDA Spark s MINOR CONSENT AND CONFIDENTIALITY LAWS For educational purposes only Content updated July 2020 © 2020 Regents of the University of Michigan

CASE SCENARIO: SHAY, 15 Y/O GIRL PURPOSE OF VISIT Sore throat ISSUE THAT EMERGES FROM CLINICIAN INTERVIEW Concerned about having an STI PARENT INFORMATION Shay says she is worried her mother will kick her out of the house if she knows Shay is sexually active How does the right to confidentiality help or hurt Shay? Spark s

IMPORTANT DEFINITIONS Spark s CONSENT • Permission to act • Parent/guardian must give consent before their minor child can receive services (except specific confidential services) CONFIDENTIALITY • How providers and staff keep certain information confidential Consent ≠ Confidentiality

FL LAW: PARENTAL CONSENT EXCEPTIONS Spark s A parent or legal guardian must provide consent on behalf of a minor (under age 18) before health care services are provided, with several important exceptions. The exceptions are based on either: • The minor’s status (independence from parents/guardians), or • The type of service requested (such as certain sexual health services).

FL LAW: MINOR CONSENT BASED ON STATUS Spark s • A minor may consent to health care services without a parent/guardian’s permission if they are: 1. 16 or older - and - 2. living apart from their parents - and - 3. managing his/her own financial affairs • A minor who is legally married may consent to health care services • A minor who is sentenced to the youthful offender system may consent to their own care • A pregnant minor may consent to medical and surgical care related to the pregnancy

FL LAW: MINOR CONSENT BASED ON SERVICE Spark s Minors may receive the following care without parental/guardian consent: 1. Pregnancy testing, birth control information and contraceptives if: a) b) Minor is married, pregnant, or a parent OR Physician determines probable health hazards if services are not provided 2. Medical and surgical care related to pregnancy 3. Emergency Contraception 4. Testing, treatment, and prevention of sexually transmitted infections (STIs), including HIV

FL LAW: MINOR CONSENT BASED ON SERVICE Spark s 5. Substance abuse treatment, including alcohol or drugs 6. Outpatient mental health services (age 13 and above) a) Mental health treatment may not exceed 2 visits during a 1 -week period) b) Does not include mental health medications and some types of therapy

NEW LEGISLATION UPDATE As of July 1, 2020: Abortion: For minors requesting an abortion, provider must obtain written parental consent. Prior to this law, providers were mandated to provide a 48 hour notice to parents, prior to performing the abortion. Spark s

NEW LEGISLATION UPDATE As of July 1, 2020: Pelvic Examinations: A provider must obtain written consent from the patient or their guardian to perform any pelvic examination unless: • By court orders the performance of an examination OR • Is immediately necessary to avoid serious risk Spark s

HPV VACCINES & MENTAL HEALTH MEDS Spark s

REPORTING Spark s Providers must override a minor’s confidentiality and report if: • If the minor poses a danger to self or others • There is suspicion of abuse or neglect • Sexual activity occurred that was without consent, without equality, or as a result of coercion • The minor is under age 16 and has been sexually active with an adult over age 24

CASE SCENARIO: SHAY, 15 Y/O GIRL PURPOSE OF VISIT Sore throat ISSUE THAT EMERGES FROM CLINICIAN INTERVIEW Concerned about having an STI PARENT INFORMATION Shay says she is worried her mother will kick her out of the house if she knows Shay is sexually active 1. 2. 3. Can Shay receive STI testing without her parent’s permission? Can Shay receive STI treatment without her parent’s permission? Can Shay receive contraception without her parent’s permission? Spark s

CASE SCENARIO: SHAY, 15 Y/O GIRL Spark s Information regarding consultation, examination, or treatment for a STI provided to a minor may NOT be disclosed to a parent without the teen’s consent. If Shay’s mother calls the clinic to ask if Shay received an STI test, can this information be released? Are there other ways that Shay’s mother could find out that Shay received this service?

CASE SCENARIO: GIOVANNI, 17 Y/O BOY Spark s PURPOSE OF VISIT Well visit ISSUE THAT EMERGES THROUGH CLINICIAN INTERVIEW States to clinician that he’s ready to get treatment for a substance use disorder PARENT INFORMATION Doesn’t want to disappoint parents Is Giovanni allowed to get outpatient counseling for substance use without a parent’s consent?

Spark s THANK YOU! For educational purposes only. © 2020 Regents of the University of Michigan