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JAWM Absurd California Medical Law


shinyhappypeople
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12 seems incredibly young. They can't drive. 

 

Our law is here: http://app.leg.wa.gov/rcw/default.aspx?Cite=70.02&full=true

 

It looks like STDs are age 14 and up, the rest is in language of minors and adults.

 

 

 

Can my teen give me permission to view his or her records?

We're sorry, but currently we can't offer a way for your teen to give permission.

 

If this is only the clinic, not insurance or the state, I'd just up and leave. That is nuts. I mean, 16, fine. STDs / reproductive health... okay, I get why. But the whole thing? Gah.

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Yeah, ok, I checked the website and it did automatically kick me off as her caregiver when she turned 12.  I just renewed myself till 2020, but with limited ability to do things for her online.  Of course she can't get her own online account until she is 13 . . . so I guess that is why they called me to set up her appointment.  I still find it weird. No one said a word to me about this at the appointment, nor did they make an effort to exclude me in any way.  I just can't get online access to her medical records, test results, etc.  I can live with that - her doctor is still fully welcoming me into the process.  As is my dd, FWIW.    

 

I agree it's weird.  I'm curious what will happen when we go in for the first time after the DS turns 12.

 

Regardless of my opinion of the low age for this, it's silly that they picked a different age for the medical privacy and the online account ability. 

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12 seems incredibly young. They can't drive. 

 

Our law is here: http://app.leg.wa.gov/rcw/default.aspx?Cite=70.02&full=true

 

It looks like STDs are age 14 and up, the rest is in language of minors and adults.

 

 

If this is only the clinic, not insurance or the state, I'd just up and leave. That is nuts. I mean, 16, fine. STDs / reproductive health... okay, I get why. But the whole thing? Gah.

 

 

The specific rule you quoted is just for online access.  Your teen can give you permission to get a printed copy of their records, apparently, when you are in the office.  I haven't tried that to see how onerous it would be.

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I haven't been keeping track in this thread, and I'm no expert regarding minors and family law, but there's something quite oxymoronic about a minor signing to give permission to a parent, considering the reasoning behind contract laws for minors.

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It's the principle of the thing.  Really, that's what it boils down to. 

 

Exactly. This is your child and you are responsible for her until she turns 18. How are you supposed to be responsible for her if you don't even know if she had surgery the night before?

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Yeah, ok, I checked the website and it did automatically kick me off as her caregiver when she turned 12.  I just renewed myself till 2020, but with limited ability to do things for her online.  Of course she can't get her own online account until she is 13 . . . so I guess that is why they called me to set up her appointment.  I still find it weird. No one said a word to me about this at the appointment, nor did they make an effort to exclude me in any way.  I just can't get online access to her medical records, test results, etc.  I can live with that - her doctor is still fully welcoming me into the process.  As is my dd, FWIW.    

 

Here is what it said on the FAQ page:

 

Why can I see more records for my young child than for my teen?

Under state laws, teens are entitled to additional privacy. Once your child reaches a certain age — usually 12, 13, or 14 — we show you your teen’s online records as state law allows. Note that in California the age is 12.

 

My teen’s records aren’t available online because he or she is over the limit set by state law. What are my options?

Under state laws, teens are entitled to additional privacy, but you can request hard copies of your teen’s records at the facility where he or she gets care. Kaiser Permanente will provide records as allowed by state law.

 

Can my children get their own kp.org accounts?

Children 13 years of age or older can register for their own accounts.

Children under 13 can’t register for their own accounts because the Children’s Online Privacy Protection Act (COPPA) says that Kaiser Permanente must have parental permission to collect personal information from anyone under 13 years of age.

 

Can my teen give me permission to view his or her records?

We're sorry, but currently we can't offer a way for your teen to give permission.

 

All of this, especially the bolded, is absurd!

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I missed if the above link had an age requirement, however I sure hope its younger than 12!  We certainly wouldn't want parents micromanaging food allergies of teens.  What if they discussed the ingredients with the child's doctor? :scared:

 

 

 

 

That was a joke, btw. That is a ridiculous permission slip, unless it is for a class of 4 year olds.  If it is for a class of four year-olds then the teacher shouldn't be providing a snack that all of the children can't share, so the document once again makes it into the realm of ridiculousness.

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These laws were never intended to shut parents out of health care information access where the child wants/needs then to have access. Nor is it ever appropriate for a doctor to shut a parent out of care if the child wants them there. A child always had the right to assistance from a parent in filling out forms.

 

Children do have the right to shut parents out of certain medical decisions. It is not appropriate for medical providers to expand that to all of it in the face of a child's need/desire for parental involvement.

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