If the child is capable of consenting to the disclosure of the information, you should generally not give the parents any confidential medical information without the child’s consent. These children should understand what information will be released, and to whom, and should be capable of understanding the consequences of disclosing or refusing to disclose their personal health information. Typically, children who are capable of consenting to treatment will also have the capacity to control their personal health information. Privacy legislation in each jurisdiction will govern whether children may assume control over the disclosure of their personal health information. The concept of "mature minor" is not applicable in Québec, where the law specifically defines the age of consent (generally 14 years old) and the circumstances in which a minor and/or their parents can consent to the release of the minor's medical records. Mature minors are minors with the capacity to consent to treatment. Can a child control access to their own medical records?Ī child (or minor) is an individual under the age of majority as defined by provincial/territorial legislation. Question: As the physician, do you have to provide a copy of the record, or alternatively, can you simply discuss the health of the children with the father?Īnswer: Although the father is entitled to a copy of the record, you can offer to discuss the children's health if that would satisfy the father's request. References in the child's medical record about confidential discussions with the mother concerning her own health, and which are irrelevant to the child's care, should be deleted from the copy provided to the father. Is the father entitled to this information?Īnswer: No. Question: On one occasion, the mother discussed her personal health issues with you and these were recorded in the child's chart. Since the father is entitled to the information, consent of the mother is not required. Question: Is the mother's consent required for release of the children's information to the father?Īnswer: No. If there is any doubt about the father's right to access the children’s records, you should ask for a copy of any existing parenting or separation agreement or court order. Question: Is the father entitled to medical information about his children?Īnswer: Yes, as a parent with parenting time rights, the father is entitled to this information. The mother would prefer that the father not be given any information because she believes he will misuse the information in an attempt to obtain decision-making authority. He has requested a copy of their records. The parents communicate poorly, and the father feels the mother has not kept him informed about the children's health and medications. The mother has decision-making responsibility and the father has parenting time rights. You are the physician for two children, ages four and six, who live with their mother and visit their father on weekends and some evenings. It is important to keep a copy of any agreements or orders, and to keep records of discussions you may have related to access to a minor patient’s personal health information. If there is a child abuse investigation, you could seek direction from the child protection authority with respect to a parent's right of access. If in doubt about a parent’s right of access, you should request a copy of any parenting or separation agreement or court order pertaining to access by that parent. Generally, parents with no parenting time (access) rights are not entitled to medical information, except if the other parent (or capable child) consents. Parents with parenting time rights (access) are entitled to the same information as the custodial parent unless the court orders otherwise. Parents with decision-making responsibility (custody) have full access rights to their children's medical records except where the children have the capacity to make a decision about the collection, use, and disclosure of their medical records. If in doubt about a non-parent’s right of access, physicians should request a copy of any guardianship order, parenting order, or other legal authority. These individuals also have a right of access to the child’s health information. This authority can be granted through a guardianship order, parenting order, or legislation. In some situations, the person with decision-making responsibility for the child might be someone other than the child’s parent (e.g.
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