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State-by-State Variability in Adolescent Privacy Laws
Marianne Sharko1, Rachael Jameson2, Jessica S Ancker3
1Weill Cornell Medicine, NewYork-Presbyterian Hospital, New York, New York.
Pediatrics
|May 9, 2022
Summary
State laws on adolescent consent and privacy vary significantly, creating barriers to consistent, evidence-based care and privacy protection for young patients. This inconsistency impacts compliance with federal regulations and professional guidelines.
Area of Science:
- Healthcare Law
- Adolescent Medicine
- Public Health Policy
Background:
- Healthcare providers face challenges managing adolescent health due to varying state laws on consent and privacy.
- Compliance with the 21st Century Cures Act and evidence-based adolescent care guidelines is complicated by legal inconsistencies.
Purpose of the Study:
- To summarize state-specific laws governing adolescent consent and privacy for various health services.
- To assess how variations in these laws impact compliance with the 21st Century Cures Act and professional care standards.
Main Methods:
- A comprehensive summary of state laws and regulations concerning minor consent for services including mental health, substance abuse, reproductive health, and infectious diseases.
- Comparison of state laws with American Academy of Pediatrics guidelines to identify consistencies and discrepancies.
Main Results:
- Significant state-by-state variability exists in laws governing adolescent patient consent and privacy.
- No two states presented identical policies across all examined health services.
- While all states address consent for sexually transmitted infections, specifics on age, scope (including HIV), and confidentiality protection differ.
Conclusions:
- Highly variable state laws on adolescent consent and privacy often do not align with pediatric professional standards.
- Legal inconsistencies create significant barriers to providing equitable, evidence-based medical care and ensuring adolescent privacy protection.
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