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Confidentiality and Consent

Youth, families, and providers alike all face issues regarding confidentiality and consent for treatment in both the substance abuse and mental health arenas. For many of these individuals, there is confusion about whether minors can consent for substance abuse and mental health resources apart from their legal guardian. One way to help clarify these issues is to have a better understanding of the rights and responsibilities as they relate to the state and federal confidentiality and consent laws. Thus, we consulted with Mark Botts, J.D., an Associate Professor of Public Law and Government in the School of Government at the University of North Carolina (UNC), to provide a summary of the relevant law. This summary is provided below along with some relevant articles on the subject. 
 
We would like to hear your thoughts on the issues that were addressed in this article. Please give us any general feedback, immediate reactions, feelings, suggestions, questions, etc. that you have had in response to this article. For example, do you agree or disagree with the current laws? Were you aware or had you been informed of these laws prior to reading this article? Do you think adolescents are aware of these laws? How do you think these laws affect services? What has your experience been with these laws? Should the laws be changed? If so, how? Please send your responses to mesmell@uncg.edu, or fax to 336-217-9750 (attention Kelly Graves), or mail to Kelly Graves at 330 S. Greene Street, Suite 200, Greensboro, NC 27401.

Understanding Confidentiality and Consent for Services to Minors (pdf)

Minors and Confidentiality (pdf)

Protecting Confidentiality Rights: The Need for an Ethical Practice Model (pdf)

Parental Consent in Adolescent Substance Abuse Treatment Outcome Studies (pdf)



 
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This website is supported by the NC Division of Mental Health, Developmental Disabilities, and Substance Abuse Services with financial support from The Substance Abuse Mental Health Services Administration (SAMHSA), Center for Substance Abuse Treatment (CSAT), and the U.S. Department of Health and Human Services (grant number 6 J79 T117387-02-2)."

The University of North Carolina at Greensboro
Location:
1000 Spring Garden Street Greensboro, NC 27403
Mailing Address: PO Box 26170, Greensboro, NC 27402-6170
Telephone: 336.334.5000
Last updated Monday, 6 October 2008
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