State-by-State Variability in Adolescent Privacy Laws

• Published in: Pediatrics (Evanston) Vol. 149; no. 6; p. 1
• Main Authors: Sharko, Marianne, Jameson, Rachael, Ancker, Jessica S, Krams, Lisa, Webber, Emily C, Rosenbloom, S Trent
• Format: Journal Article
• Language: English
• Published: United States American Academy of Pediatrics 01.06.2022
• Subjects: Adolescent; Adolescents; Child; Confidentiality; Consent; Contraceptive Agents; Disease transmission; Drug abuse; Female; Health care; HIV Infections - prevention & control; Humans; Immune system; Immunodeficiency; Patients; Pediatrics; Pregnancy; Privacy; Sex crimes; State laws; Substance-Related Disorders; Teenagers; United States; United States
• DOI: 10.1542/peds.2021-053458
• ISSN: 0031-4005

Health care providers managing the complex health needs of adolescents must comply with state laws governing adolescent consent and right to privacy. However, these laws vary. Our objectives were to summarize consent and privacy laws state-by-state and assess the implications of variation for compliance with the 21st Century Cures Act and with evidence-based guidance on adolescent care. We summarized state laws and regulations on minor consent for the following: health services, substance abuse treatment, prenatal care, mental health care, contraceptive management, immunizations, sexually transmitted infection management, human immunodeficiency viruses testing and treatment, dental care, and sexual assault evaluation. We compared state laws and regulations with American Academy of Pediatrics' evidence-based guidelines to assess consistencies in guidance. We observed notable state-by-state variability in laws governing consent for adolescent patients. No states had identical policies for all services studied. For example, although all states had provisions for consent to management of sexually transmitted infections, there were variable specifications in the age and type of minor, whether this includes human immunodeficiency viruses, and whether confidentiality is protected. Providing confidential care to the adolescent patient has been set as a priority by medical societies; however, guidelines are limited by the need to comply with state laws and regulations. State laws on consent and privacy for adolescents are highly variable, and many do not reflect pediatric professional standards of care. This inconsistency is a barrier to operationalizing a consistent and equitable experience providing evidence-based medical care and ensuring adolescent privacy protection.