Secure Confidential Access to Medical Care for Teens

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Secure Confidential Access to Medical Care for Teens

Summary, Status, Action You Can Take and Read More

Summary: The minors consent law has been in place for over 30 years. According to the American Medical Association (AMA), confidential health services for adolescents have become increasingly important, as the severity and prevalence of adolescent health problems have increased over the past two decades. The good news is, according to AMA's Council on Scientific Affairs, most adolescents (55 percent) discuss their use of reproductive health services with their parents, and a greater number of adolescents involve their parents in the event of an unplanned pregnancy. The bad news: AMA reported 25 percent of teens would not seek medical care if it meant their parents finding out they are sexually active.

Talk to a group of teens. Ask if they would go see a doctor if they thought they might have an STD, if they were wondering
about how to communicate with their parents about being gay, or if they were wondering if it was time to get birth control or CD counseling if they knew that visit in the exam room was going to start with, "you know, whatever you say here is not confidential because your parents will be able to look at your medical records." Would you start a very personal conversation with your doctor if you knew the information would not be held in confidence? That's what opponents to Minnesota's Minors Consent law want to do -- allow health care providers to deliver service upon the consent of a minor, but not allow the information about the service to be confidential. Parents would have access to the medical records.

Parents should absolutely be involved in young people's health, and as a matter of routine, health care providers work with young people who seek confidential care to involve their parent's or guardian in aftercare. Most times. This works. Sometimes,
it simply is not an option. For example, when there is a family sexual abuse situation. What is most important is that young people get the health care they need today, to be well, and to grow into making healthy choices as adults, and that their health.

Status: The 2003 legislative session ended with this issue coming up as floor amendments in both the House and the Senate. The House overwhelmingly approved the amendment to the health funding bill. The Senate rejected it. However, there was a pretty tight clamp placed on Senate DFLers to reject any amendments to the budget bill proposed by Republicans. The word is, the majority that defeated the amendment last year may not hold up this year, at least, not without a lot of grassroots noise. Also, HF 352 introduced by Rep. Tim Wilkin [R-Eagen] and SF 570 introduced by Sen. Sean Nienow [R-Cambridge] are still hanging around from last year and could find their way to a committee hearing or into some sort of an amendment to a bill on the floor of either the House or the Senate.

Update March 1, 2004: Minor's Consent Under Attack in House Health Committee: A proposed repeal of confidentiality in Minnesota's minor's consent law will be heard in the House health committee on March 3rd.. HF 352 was introduced last year by Rep. Tim Wilkin's (R-Eagan) and would eliminate a teen's option to get confidential health care for services related to family planning, preventing STDs, chemical dependency. Under the bill, young people could still consent to such health care, but their records would be open to their parents. This creates a barrier to care that study after study has shown does nothing to change risk behavior in adolescence, but does a lot to turn young people away from needed treatment.On March 3, the House Health and Human Services Policy Committee, chaired by Rep. Lynda Boudreau (R-Faribault) heard testimony on HF352.

Update March 4, 2004: HF352 advanced out of the Health and Human Services Policy committee headed to the House floor. Youth health advocates offered expert testimony from health practitioners on how they use this law to better serve young people who may not seek health care without the protection of confidentiality and to reengage parents. The bill will be heard in the Senate on Tuesday, March 9.

Update: March 10, 2004 The Senate Health and Human Services Policy committee rejected SF 570. the Senate version of the Minor's Consent repeal authored by Sen. Sean Nienow (R-Cambridge). Although the Senate committee rejected the bill, expect a floor amendment to be introduced later in session.

Update: April 5, 2004 Last Friday, the House of Representatives passed a Health and Human Services bill that does not include any restrictions on Minor's Consent. The Senate is expected to debate their omnibus bill later this week. It is possible that an amendment will be introduced on the Senate floor as a maneuver to get the Senate on record in support of changes to the minor's consent law.

Update: April 8, 2004 Last night, Senators rejected an amendment that would have dramatically weakened Minnesota's minor's consent statute. The amendment offered by Sen. Nienow (R-Cambridge) would have:

Allowed parent/guardian access to minors' medical records. (Line 2.14)
Repealed minors' rights to confidential health care services, allowing only minors who are victims of incest to consent without parental permission. (Line 3.1)
Allowed homeless, runaway or abandoned youth to consent for medical and mental health services, but not for family planning services, and only after the residential facility (defined as: licensed by the commissioner of human services and has a contract with the county) has made an effort in good faith to contact the minors' parents or guardians. (Line 3.7 and 3.21)
Allowed parents/guardians to have an agreement with a health care provider that gives permission for the minor to consent to health care services; the agreement must specify which services are allowed and for what duration. The agreement has to be notarized and signed by the parent/guardian and provider. (Line 3.27)

The amendment was offered to a bill that dealt with funding. Because this amendment did not deal with scope of the bill it was to be amended to, it was ruled ungermane. 39 senators voted against this amendment and for keeping the gateway to health care open for young people:

Ellen Anderson (66-Saint Paul)
Thomas Bakk (6-Cook)
Linda Berglin (61-Minneapolis)
Don Betzold (51-Fridley)
Satveer Chaudhary (50-Fridley)
Richard Cohen (64-Saint Paul)
Scott Dibble (60-Minneapolis)
Leo Foley (47-Coon Rapids)
Linda Higgins (58-Minneapolis)
John Hottinger (23-Saint Peter)
Dean Johnson (13-Willmar)
Steve Kelley (44-Hopkins)
Bob Kierlin (31-Winona)
Shelia Kiscaden (30-Rochester)
Gary Kubly (20-Granite Falls)
Keith Langseth (9-Glyndon)
Becky Lourey (8-Kerrick)
Sharon Marko (57-Cottage Grove)
John Marty (54-Roseville)
James Metzen (39-South Saint Paul)
Mee Moua (67-Saint Paul)
Steve Murphy (28-Red Wing)
Julianne Ortman (34-Chanhassen)
Sandy Pappas (65-Saint Paul)
Lawrence Pogemiller (59-Minneapolis)
Jane Ranum (63-Minneapolis)
Ann Rest (45-New Hope)
Dallas Sams (11-Staples)
Tom Saxhaug (3-Grand Rapids)
Linda Scheid (46-Brooklyn Park)
David Senjem (29-Rochester)
Rod Skoe (2-Clearbrook)
Wesley Skoglund (62-Minneapolis)
Yvonne Prettner Solon (7-Duluth)
Dan Sparks (27-Austin)
LeRoy Stumpf (1-Thief River Falls)
David Tomassoni (5-Chisolm)
Jim Vickerman (22-Tracy)
Charles Wiger (55-North Saint Paul)

Update: May 12, 2004

Yesterday, the Minnesota House voted on HF352, the Wilkin bill that would repeal Minnesota's minor's consent law by requiring a notarized 'permission slip' from a minor's parents before they could access confidential health care for sexual health care needs, chemical dependency or mental health. The bill passed by 86-47. However, the Senate has already voted a similar amendment down on a procedural vote so it is unlikely that this bill will become law this year.

MAP would like to thank the following legislators who spoke out on the House floor for the rights of minor's to receive the confidential health care they need to be healthy. If your legislator is among them, contact them to let them know you appreciate their vote on behalf of Minnesota's young people.

Action You Can Take:

1. Keep informed. Check the current issue of the MAP Advocate to find out what's happening.

2. Contact health care providers. Especially pediatricians, nurse practitioners, and public health nurses who work with young people. Let them know what's going on. Then have them contact MAP so we can help them get in touch with their legislators. Lawmakers who support minor's consent are telling us if we are going to turn the tide on this one -- their peers need to hear from docs and nurses from their district!

3. Contact your legislators. Send an email or make a phone call to your State Senator and State Representative to let them know you do not want any changes made to Minnesota's Minors Consent Law.

HF 352 - Authors, Status and Bill Text
SF 570 - Authors, Status and Bill Text
2003 House Minors' Consent Amendment to HF 437
2003 Senate Minors' Consent Amendment to HF 1532

Editorial: What teens need/Don't forsake medical privacy Star Tribune [March 2, 2004]

Last Updated: Friday, March 30, 2007
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