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  Assent, Consent, & Confidentiality
 
 

AAFP - Confidentiality Adolescent Health Care
www.aafp.org/x6613.xml
American Association of Family Physicians - Concerns about confidentiality may discourage adolescents from seeking necessary medical care and counseling, and may create barriers to open communication between patient and physician. Protection of confidentiality is needed to appropriately address issues such as depression, suicide, substance abuse, domestic violence, unintended pregnancy and sexual orientation.

AGI - Minors and the Right to Consent to Health Care
www.agi-usa.org/pubs/ib_minors_00.html
Alan Guttmacher Institute - Establishing rules for minors' consent for medical care has been one of the more difficult issues to face policymakers. States have traditionally recognized the right of parents to make health care decisions on their children's behalf, on the presumption that before reaching the age of majority (18 in all but four states), young people lack the experience and judgment to make fully informed decisions. August 2002.

AAP - Informed Consent, Parental Permission, and Assent in Pediatric Practice (RE9510)
www.aap.org/policy/00662.html
American Academy of Pediatrics- doctrine of "informed consent" has only limited direct application in pediatrics. Only patients who have appropriate decisional capacity and legal empowerment can give their informed consent to medical care. In all other situations, parents or other surrogates provide informed permission for diagnosis and treatment of children with the assent of the child whenever appropriate. In this statement, the AAP provides an updated analysis of 1) the concept of informed consent; 2) the ethics of informed consent and the concept of the right to refuse treatment; 3) the concept of "proxy consent"; 4) the concepts of parental permission and child assent; and 5) informed consent of adolescents.

Understanding Informed Consent
www.advancefornp.com/legal/aug_02.html
The person who will actually perform the medical procedure should obtain the consent.
In every state, common law requires health care providers to obtain informed consent before performing medical procedures that carry a higher than usual risk. Informed consent requires a provider to disclose all information that is material to the patient's decision about whether to agree to a medical procedure. Article by Gerrie Schipske, NP, JD.

eMedicine - Informed Consent
www.emedicine.com/ent/topic181.htm
An informed consent is a consent that results from an understanding by the patient of the risks and adverse effects of the proposed treatment. Obtaining an informed consent requires that the physician make an effort to educate a patient capable of learning. The physician who makes this effort and obtains such consent has met both the legal and ethical obligations imposed upon him or her by society.

Jewish Law - Medical Informed Consent in Jewish Law- from the Patient’s Side
www.jlaw.com/Articles/MedConsent.html
Judaism requires a type of informed consent that while not identical to the secular concept, in some ways is actually more stringent than its secular counterpart. The key distinction between the secular and the Jewish approaches to informed consent is the difference between rights and obligations. The secular emphasis on autonomy inescapably leads to the conclusion that the patient has the right to refuse any and all medical information. In Judaism, both becoming informed and giving consent for appropriate treatment are required.

SAM -Confidential Care for Adolescents in the Health Care Setting
www.adolescenthealth.org/PositionPaper_Confidential_Health_Care_for_Adolescents.pdf Adobe PDf
Society for Adolescent Medicine Position Statements and Resolutions on Confidential Care for Adolescents (12/97)

YALE-New Haven Medical Center - Consent In Minors
info.med.yale.edu/caim/risk/patient_rights/patient_rights_3.html

Patients Rights: Issues in Risk Management
info.med.yale.edu/caim/risk/contents.html
Emancipated minors - Minors have the legal capacity of an adult if they meet the following criteria: Live on their own, are self-supporting, are married, are in the armed forces, or fulfill any combination of the above. Mature minors - Legally, a "mature minor" is judicially recognized as possessing sufficient understanding and appreciation of the nature and consequences of treatment despite their chronological age. The term is usually applied to adolescent (age 14 or older) when a proposed treatment is not of a serious nature. Additional issues are also included.

Guardianship - Guardians Help Protect You, Make Decisions
www.ican.com/news/fullpage.cfm

  • Different Types of Guardians Carry Various Responsibilities
  • How to Petition for Guardianship
  • Guardian Must Act in Best Interest of Ward
  • Change in Guardian, Duties is Allowed
  • Know Alternatives to Make Best Choice

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The HRTW Center is headquartered at the Maine State Title V CSHN Program. Activities are coordinated through the Maine Support Network's Center for Self-Determination, Health and Policy. The Center is funded through a cooperative agreement (U39MC06899-01-00) from the Integrated Services Branch, Division of Services for Children with Special Health Care Needs (DSCSHN) in the Federal Maternal and Child Health Bureau (MCHB), Health Resources and Service Administration (HRSA), Department of Health and Human Services (DHHS).
Lynda Honberg, HRSA/MCHB Project Officer.