Policy Title: Policy on Privacy Rights for Minor Patients Receiving Mental Health Services 

Purpose:

This policy outlines the privacy rights of minor patients receiving mental health services at Changing Minds Psychiatry in accordance with Nevada state laws and federal regulations. It ensures that the rights of minors and their parents or guardians are protected, while also providing guidance to staff on handling the privacy and confidentiality of minor patients.

Policy Statement:

Changing Minds Psychiatry is committed to protecting the privacy and confidentiality of minor patients' health information. This policy is designed to comply with the Health Insurance Portability and Accountability Act (HIPAA), the Family Educational Rights and Privacy Act (FERPA) when applicable, and relevant Nevada state laws.

Definitions:

• Minor: An individual under the age of 18.

• Parent/Guardian: A parent or legal guardian of a minor.

• Protected Health Information (PHI): Any information about health status, provision of healthcare, or payment for healthcare that can be linked to an individual.

Privacy Rights of Minors:

As a patient, your rights are guaranteed by the rules of ethical professional practice and the law. 

You have the right to:

• Mental health care and treatment

• To receive informed consent and good faith estimate

• To be advised about treatment choices and possible treatment concerns

• To participate in treatment planning

• To refuse treatment and/or request another provider and support staff at any time

• To privacy

• To considerate, safe and respectful care, without discrimination

• To be free from abuse, neglect and aversive intervention

• To ask questions about any aspects of treatment and about your provider’s specific training and experience

• To file complaints and grievances

• Continuity of care and referral services

  Consent to Treatment

  • Parental Consent: Generally, parental or guardian consent is required for a minor to receive mental health services.

  • Exceptions: Minors may consent to certain mental health services without parental consent under specific circumstances as allowed by Nevada law, such as:

    • Minors who are 16 or older and living independently.

    • Minors seeking treatment for substance abuse or sexually transmitted infections.

  Confidentiality of Minor's Health Information

  • General Rule: PHI of minor patients will generally be disclosed to parents or guardians.

  • Exceptions: Confidentiality will be maintained in cases where:

    • The minor has legally consented to the treatment and has requested confidentiality.

    • Disclosure would be detrimental to the minor's safety or well-being, as assessed by a mental health professional.

    • State laws specifically protect the confidentiality of certain services (e.g., substance abuse treatment).

  Access to Records

  • Parental Access: Parents or guardians have the right to access their minor child's health records unless:

    • The minor has the legal right to consent to treatment and has requested confidentiality.

    • The mental health professional believes that access would be detrimental to the minor's safety or well-being.

    • Psychotherapy notes are not privileged records that anyone can have access to. 

  • Minor's Access: Minors have the right to access their own health records in situations where they have consented to the treatment.

  Communication and Documentation

  • Consent Forms: Proper consent forms must be completed and documented, specifying whether the minor or parent/guardian has consented to treatment.

  • Request for Confidentiality: Any request for confidentiality by the minor must be documented and evaluated in accordance with legal requirements.

  Reporting Requirements

  • Mandatory Reporting: All Changing Minds Psychiatry staff and providers are mandated reporters. Staff must comply with mandatory reporting laws for suspected abuse, neglect, or harm to self or others, regardless of the minor's confidentiality request. 

  • Disclosure to Authorities: PHI may be disclosed to authorities as required by law, such as in cases of court orders or subpoenas.