The complications when state law requires parental permission for medical services

Just make sure you don't penalize the parents who do it the right way in the name of trying to help those whose parents don't do it the right way.

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You have a judicial option for out-of-the-norm circumstances. But the norm is, parents should make medical decisions on behalf of minor children.

 

ACLU had a problem with this law, and this is a concept I 100% disagree with as a parent:

Honestly, I know some parents who think this way, and if that's how they want to deal with their children, more power to them, but don't put that nonsense on me and my family. If parents are not in the right frame of mind or otherwise potentially considered incompetent then let a child file in some way to declare such a thing, but none of this should be done in secret. That's idiotic.

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I agree with this in theory but how does a 13 year old go about navigating the court system and paying for it.

 

I can't claim to have all the answers in that regard, but maybe start with a process of not excluding parents who take their child in for regular checkups and the child is otherwise in good health. In this case, it would appear the mother wouldn't qualify to be in the loop (not referring to the law in place); she wasn't even the teen's legal guardian. When our oldest turned 12, we were bluntly informed that we wouldn't have direct access to their medical records without explicit consent. The concept was laughable and I have no idea how it would have been able to have been enforced, but fortunately, the state corrected that and the idea is no longer a standard.

If we based all of our laws on the worst of our society, we'd never be able to trust our fellow citizens to do anything.

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I don’t know the answer to any of this but I feel there needs to be some kind of sliding scale a ten year old parents should know everything a 17 year old parents need to know less. I know my ex got upset when she was asked to leave the exam room when my sons were about 12. Kids need some privacy and a safe space with their doctor.

 

Maybe, maybe not. I don't believe this should be legislated, though. How one family does it might be different than how another family does it. What on goings of a 17-year old do you think a doctor should be aware of but the parents should not be aware of?

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Kids have a right to privacy. They should have a trusted safe adult to confide in. A parent may not need to know if there kid is sexually active but their doctor should be able to make sure they are being safe.

In a perfect world all parents would be accepting of kids becoming sexually active around 17 years old. We do not live in a perfect world.

 

I respect that we see things differently (I have a hard time imagining that parents should never be considered "trusted safe adult" which seems to be the implication). I would only ask that you don't require me to abide by your views and I'm fine with not requiring you to abide by mine. Kind of like with religion.

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That’s a nonsense political story. You don’t need permission for emergency care. You know that yet still posted it.

 

I would rather have girls of age able to have frank discussions and possible reproductive care from a doctor without parental consent than that same child be forced into their parents' choice of the available options.

 

Not sure what this means.

Parents who “did it the right way” wouldn’t have kids in this situation. If a parent has a knocked up 13 year old that can’t get healthcare or has kids od’ing then by definition those parents failed.

To give kids care despite absent parents is in no way “penalizing” parents who did it the right way.

 

May already have been obvious to you, but perhaps not others. Your take is confirmed here (see #8):

Idaho's New Parental Consent Law: FAQs

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You are correct, but what about parents who do things the right way, should they be stripped of access to their children's medical information? It used to be this way in FLORIDA, but that changed a few years ago.

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Like laws around abortion it isn’t always clear what may be emergency and what isn’t so doctors will rely on lawyers to interpret and lawyers aren’t going to take risks.

 

The notion that some doctors are losing confidence in their ability to "reasonably determine" is a medical problem as much as it is a legal problem. You don't see this problem with good doctors, healthcare comes before legal concerns...every time.

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You do have to practice defensive medicine which drives up healthcare costs because of these scumbag attorneys. What I mean is for example many times you don't really need to see a specialist for a CT Scan or an MRI because your Doc already knows the diagnosis but in the back of their minds they don't want to risk getting sued so they send an order. It's no sweat off them but costs many billions of dollars in the long run.

 

I should have been more clear, I was referring to the emergency care (in terms of healthcare coming before legal concerns); I've lived it, and I've seen the difference between confident doctors and those who are not. I would also add knowledge of HIPAA and comfort with interpretations varies greatly between doctors as well.

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