Essential Health Rights for Children & Teens in Oregon
Healthcare has become a heavy topic lately, and while most of us agree that healthcare is important, we may not fully understand the rights and limitations that our healthcare providers must abide by. Specifically, the rights of our children and teens may not be well known. Parents and teens may be unaware of their rights, where the parent’s consent is and is not required, and what Oregon law empowers our teens to handle if they would like to. If you have concerns that your medical rights may have been violated by a provider, you can contact our accomplished Portland medical malpractice attorney at Paulson Coletti Trial Attorneys.
When Does a Child or Teen Have a Right to Access Healthcare
Oregon has very progressive laws that prioritize removing barriers to children’s and teens’ access to healthcare. While they are not able to consent to all healthcare without their parents, they have rights in many crucial areas where they either do not need an adult to facilitate or do not have one they trust to help with the decision.
Informed Consent
Informed consent is at the core of ethical care in the United States. The Oregon Board of Medicine also highlights the importance of patients understanding their care options and what will happen during treatment. This facilitates a more open and honest relationship between a patient and their care team, allowing for a higher quality of care.
Medical and Dental Services
Teenagers who are 15 and older are eligible to receive medical and dental services. According to ORS 109.640 this may include well visits with the pediatrician, hospital services, routine dental care, or surgical diagnoses and interventions. They may also receive optometric care without parental consent unless it is the first time they are prescribed contact lenses.
Oregon Reproductive Health Services
A child of any age may receive basic reproductive health services in Oregon. These services may include STI testing, contraceptives, or prenatal, postnatal, and delivery care, according to ORS 109.640. However, the statute does set certain limitations to care without the parent’s consent regarding abortions or elective sterilization.
Mental Health Services
A teenager who is at least 14 may access behavioral health, mental health, or psychiatric care without the consent of their parents. This can include outpatient therapy, medication management services, and substance abuse treatment. However, a psychiatrist is unable to provide methadone treatment for substance abuse. Further, ORS 109.675 requires that the parents be included in, or notified of, treatment before it ends. There are exceptions for emancipated minors, minors who are survivors of sexual abuse by a parent, or if there is a clinical indication against notifying the parent.
Disclosure of a Minor’s Health Information
While Oregon does protect the child’s right to access healthcare, it does not guarantee privacy to the minor beyond what is required of HIPAA, which does not protect against disclosing information to a legal guardian. This means that under 109.650 and 109.680, a provider will not be considered in violation of any ethical or moral code by disclosing any diagnoses, treatment, or other medical information to a child’s legal guardian.
In many cases, a provider understands the importance of confidentiality in ensuring that the minor is open about threats to their health or the symptoms they experience. This law allows them to exercise clinical judgment to act in the best interest of the child. There are times when they may determine what a guardian needs to know, and this legislation allows minors and parents to work alongside providers in their community to ensure the safety of their children.