The HIPAA Privacy Rule and Minors Generally, a parent or guardian of a minor child is regarded as what the HIPAA Privacy Rule calls the "personal representative" of the minor child. Starting with the 2022-2023 school year, grades K-6 in public schools will also be required to have one full-time school counselor for every 300 students. 64B19-19.006(1; 2) Confidentiality Statutes & Constitution :View Statutes : Online Sunshine Welcome to the Florida Board of Clinical Social Work, Marriage & Family Therapy and Mental Health Counseling Online Resources - a tool for accessing applications, forms, statutes, rules and other important information. As discussed above, parents and guardians of minors typically have the same rights as the minor patient. There are exceptions. Prior to HB 241 being signed into law, the Florida Statutes did not contain a provision that specifically made it a crime to provide medical treatment to a minor child without parental consent. The School Counselor and Confidentiality The restrictions on the employment of 16 and 17-year-olds under Floridas child labor laws are discussed below. The Marchman Act permits a person to be admitted for assessment or treatment for . Many individuals are unaware of this, but the law is very clear in Florida: sexting between two minors is a criminal offense. Inactive status; reactivation of licenses; fees. If awarded, the waiver applications will specify the restrictions that are waived and will be valid for no longer than one year. If Patient Presents Danger to Self or Others HB 241 is silent on this issue. A mental health providers ability legally to accept informed consent from only one parent may differ from what may be in the childs best interests. f: (305) 325-1316. endobj
If Patient Presents Danger to Self or Others 2023 SAMPSON COLLABORATIVE LAW. If Patient Presents Danger to Self or Others If the victim is a minor then in addition the mental health professional must make an effort to notify the parent, noncustodial parent, or legal guardian of the minor.