“Minors’ Consent” and Confidentiality Summary: The Facts
Minnesota Statute § 144.341-347 guarantees a minor's right to seek and receive confidential services for dental care, mental health care, substance abuse evaluation and treatment, testing and treatment for sexually transmitted infections, pregnancy prevention services and pregnancy-related care. The state affords these rights to minors in order to promote access to medical treatment and protect and minors' health.
Because health care issues are continually being discussed and legislated, the issue of minors' consent is therefore regularly being addressed. Because some see minors' consent as a divisive issue, many legislators use it as a wedge to bring down an entire bill.
Minors' Consent deserves continual support because it promotes access and protects minors' health. Research indicates that adolescents often refuse to seek health care services without a guarantee of confidentiality. A nationwide study of adolescent girls revealed that 36 percent would avoid seeking needed medical care because they did not want to reveal their health concerns to their parents.
The American Medical Association (AMA) (LINK) and the Minnesota Medical Association (MMA) have publicly supported minors' rights to consent to their own health care. Hennepin Medical Society, American Academy of Pediatrics, American College of Physicians, and the American Public Health Association also support minors' consent laws. The AMA agrees that "adolescents are more likely to seek health care services on a timely basis if they are assured about the confidential nature of the health visit, particularly for problems that are sensitive in nature."
In Minnesota, minors' consent laws do not extended to a minor's ability to choose abortion as a part of their full range of confidential health services. According to Minnesota State law, a minor seeking an abortion must notify both of her parents in writing prior to obtaining an abortion, or receive a judicial bypass instead of notifying her parents in order to preserve confidentiality.
Parents play a crucial role in making important decisions involving a minor's health. A judicial bypass can be an important option for a minor to preserve confidentiality. Unfortunately, the process of receiving a judicial bypass is lengthy and cumbersome. Allowing a minor full consent and guaranteed confidentiality would help young women further protect themselves.
Sign up to receive information alerts on Minor's Consent as well as other Reproductive Rights issues.
Because health care issues are continually being discussed and legislated, the issue of minors' consent is therefore regularly being addressed. Because some see minors' consent as a divisive issue, many legislators use it as a wedge to bring down an entire bill.
Minors' Consent deserves continual support because it promotes access and protects minors' health. Research indicates that adolescents often refuse to seek health care services without a guarantee of confidentiality. A nationwide study of adolescent girls revealed that 36 percent would avoid seeking needed medical care because they did not want to reveal their health concerns to their parents.
The American Medical Association (AMA) (LINK) and the Minnesota Medical Association (MMA) have publicly supported minors' rights to consent to their own health care. Hennepin Medical Society, American Academy of Pediatrics, American College of Physicians, and the American Public Health Association also support minors' consent laws. The AMA agrees that "adolescents are more likely to seek health care services on a timely basis if they are assured about the confidential nature of the health visit, particularly for problems that are sensitive in nature."
In Minnesota, minors' consent laws do not extended to a minor's ability to choose abortion as a part of their full range of confidential health services. According to Minnesota State law, a minor seeking an abortion must notify both of her parents in writing prior to obtaining an abortion, or receive a judicial bypass instead of notifying her parents in order to preserve confidentiality.
Parents play a crucial role in making important decisions involving a minor's health. A judicial bypass can be an important option for a minor to preserve confidentiality. Unfortunately, the process of receiving a judicial bypass is lengthy and cumbersome. Allowing a minor full consent and guaranteed confidentiality would help young women further protect themselves.
Sign up to receive information alerts on Minor's Consent as well as other Reproductive Rights issues.
