The Center for Health & Pharmaceutical Law & Policy
Law
Department of Human Services 4 Dentists 5 BME Regulated Entities (e.g., physicians, including psychiatrists; 6 physician assistants; 7 podiatrists; 8 certified nurse midwives; 9 acupuncturists; 10 and genetic counselors 11) Social Workers, 12 Psychologists, 13 Professional Counselors, and Associate Counselors 14 Social Workers 15 Alcohol and Drug Counselors 16 AIDS Assistance Act 17
Rules
EXAMPLES OF RULES REGARDING MINOR CONSENT TO DISCLOSURE OF HEALTH INFORMATION IN NEW JERSEY
The parent or guardian who has custody (whether sole or joint) is an authorized representative of a minor patient. • Generally, the parent or guardian who has custody (whether sole or joint) is an authorized representative of a minor patient. • A parent or guardian will not be considered an authorized representative, however, where the minor’s condition being treated relates to pregnancy, sexually transmitted disease or substance abuse.
Generally: • If the client is a minor, a parent or legal guardian will be deemed to be an authorized representative. • When the client is > 14, but has not yet reached the age of majority, an authorization must be signed by the client and by the client's parent or legal guardian. When a social worker provides services to more than one person in a family, each family member who is at least 14 must agree to waive their right to confidentiality in order for the professional to disclose any information received from any family member. • “Confidentiality is applicable to both adults and minors in conformance with Federal and State law.” • A licensee or certificate holder must get “a signed release from all persons who are referred to in family counseling notes prior to release of such notes to a third party.” • When consent is required for disclosure of the record of a minor “who has or is suspected of having AIDS or HIV infection, consent shall be obtained from the parent, guardian, or other individual authorized under State law to act in the minor’s behalf.” o Minor is defined as a person under the age of 12. 18
SETON HALL LAW
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