[Code of Federal Regulations]

[Title 42, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR2.14]



[Page 15]

 

                         TITLE 42--PUBLIC HEALTH

 

    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 

                                SERVICES

 

PART 2_CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS--Table 

of Contents

 

                      Subpart B_General Provisions

 

Sec. 2.14  Minor patients.



    (a) Definition of minor. As used in these regulations the term 

``minor'' means a person who has not attained the age of majority 

specified in the applicable State law, or if no age of majority is 

specified in the applicable State law, the age of eighteen years.

    (b) State law not requiring parental consent to treatment. If a 

minor patient acting alone has the legal capacity under the applicable 

State law to apply for and obtain alcohol or drug abuse treatment, any 

written consent for disclosure authorized under subpart C of these 

regulations may be given only by the minor patient. This restriction 

includes, but is not limited to, any disclosure of patient identifying 

information to the parent or guardian of a minor patient for the purpose 

of obtaining financial reimbursement. These regulations do not prohibit 

a program from refusing to provide treatment until the minor patient 

consents to the disclosure necessary to obtain reimbursement, but 

refusal to provide treatment may be prohibited under a State or local 

law requiring the program to furnish the service irrespective of ability 

to pay.

    (c) State law requiring parental consent to treatment. (1) Where 

State law requires consent of a parent, guardian, or other person for a 

minor to obtain alcohol or drug abuse treatment, any written consent for 

disclosure authorized under subpart C of these regulations must be given 

by both the minor and his or her parent, guardian, or other person 

authorized under State law to act in the minor's behalf.

    (2) Where State law requires parental consent to treatment the fact 

of a minor's application for treatment may be communicated to the 

minor's parent, guardian, or other person authorized under State law to 

act in the minor's behalf only if:

    (i) The minor has given written consent to the disclosure in 

accordance with subpart C of these regulations or

    (ii) The minor lacks the capacity to make a rational choice 

regarding such consent as judged by the program director under paragraph 

(d) of this section.

    (d) Minor applicant for services lacks capacity for rational choice. 

Facts relevant to reducing a threat to the life or physical well being 

of the applicant or any other individual may be disclosed to the parent, 

guardian, or other person authorized under State law to act in the 

minor's behalf if the program director judges that:

    (1) A minor applicant for services lacks capacity because of extreme 

youth or mental or physical condition to make a rational decision on 

whether to consent to a disclosure under subpart C of these regulations 

to his or her parent, guardian, or other person authorized under State 

law to act in the minor's behalf, and

    (2) The applicant's situation poses a substantial threat to the life 

or physical well being of the applicant or any other individual which 

may be reduced by communicating relevant facts to the minor's parent, 

guardian, or other person authorized under State law to act in the 

minor's behalf.