HealthLawProf Blog

Editor: Katharine Van Tassel
Akron Univ. School of Law

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Monday, December 6, 2004

California AG Examines Sensitive Medical Services for Minors

On November 29, California Attorney General Bill Lockyer issued Opinion No. 04-112, which concludes:

  1. "A school district may not require that a student obtain written parental consent prior to releasing the student from school to receive confidential medical services"; and
  2. "A school district may not adopt a policy pursuant to which the district will notify a parent when a student leaves school to obtain confidential medical services."

The opinion discusses "sensitive medical procedures" as those that may be obtained by a minor without the consent of an adulty, including the following:

  • care related to the prevention or treatment of pregnancy (but not including sterilization);
  • an abortion;
  • for a minor of age 12 or older, treatment of an infectious, contagious, or communicable disease or to care related to the diagnosis or treatment of rape;
  • care related to the diagnosis or treatment of sexual assault;
  • for a minor of age 12 or older, care related to the diagnosis or treatment of drug-related or alcohol-related problems;
  • for a minor of age 12 or older, mental health treatment, counseling, or residential shelter services if (1) the minor is mature enough to participate intelligently, in the opinion of the health care provider, and (2) the minor is either a danger to himself or herself or others without the treatment, or is the alleged victim of incest or child abuse (not including convulsive therapy, psychosurgery, or psychotropic medication); and
  • HIV testing.

http://lawprofessors.typepad.com/healthlawprof_blog/2004/12/california_ag_e.html

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