96 Teenagers, Health Care, and the Law
minors to consent to medical care, only
notifying parents with the patient’s
consent”), https://www.ama-assn.org/
sites/default/files/media-browser/
public/about-ama/councils/Council%20
Reports/council-on-ethics-and-judi-
cial-affairs/ceja-3a13.pdf; see also Am.
Med. Ass’n, Code of Medical Ethics’
Opinion on Adolescent Care, Opinion
5.055 – Confidential Care for Minors,
Journal of Ethics, Vol. 16, No. 11: 901-902
(Nov. 2014) (enacting an amendment to
E-5.055, stating, “physicians who treat
minors have an ethical duty to promote
the autonomy of minor patients by
involving them in the medical deci-
sion-making process to a degree
commensurate with their abilities”),
http://journalofethics.ama-assn.
org/2014/11/coet1-1411.html; Am. Acad.
of Pediatrics, Informed Consent in
Decision-Making in Pediatric Practice,
Pediatrics, Vol. 138, No. 2 (Aug. 2016)
(stating “the mature-minor doctrine
recognizes that there is a subset of
adolescents who have adequate maturity
and intelligence to understand and
appreciate an intervention’s benefits,
risks, likelihood of success, and
alternatives and can reason and choose
voluntarily. Most states have mature-mi-
nor statutes in which the minor’s age,
overall maturity, cognitive abilities, and
social situation as well as the gravity of
the medical situation are considered in a
judicial determination, finding that an
otherwise legally incompetent minor is
sufficiently mature to make a legally
binding decision and provide his or her
own consent for medical care.”), http://
pediatrics.aappublications.org/content/
early/2016/07/21/peds.2016-1485.
44
State law guarantees the confidentiality
of health information. 8 N.Y.C.R.R. §
29.1(b)(8) (2017) (revealing personal
information obtained in a professional
capacity without the prior consent of the
patient constitutes unprofessional
conduct). Psychologists, social workers,
and other mental health counselors are
among those professionals “licensed,
certified or registered pursuant to title
VIII of the Education Law,” and therefore
bound by confidentiality rules. 8
N.Y.C.R.R. § 29.1(b)(8) (2017); id. §§ 29.12,
29.15, 29.16. Further, the Hospital
Patients’ Bill of Rights requires
confidentiality of all information and
records regarding care. 10 N.Y.C.R.R. §
405.7(c)(13) (2017). And New York law
establishes testimonial privileges
shielding confidential patient or client
information or communications to
medical providers, psychologists, social
workers, and rape crisis counselors. N.Y.
C.P.L.R. 4504 (McKinney 2017) (“Unless
the patient waives the privilege, a person
authorized to practice medicine,
registered professional nursing, licensed
practical nursing, dentistry, podiatry or
chiropractic shall not be allowed to
disclose any information which he
acquired in attending a patient in a
professional capacity, and which was
necessary to enable him to act in that
capacity.”), 4507 (“The confidential
relations and communications between
a psychologist registered under the
provisions of article one hundred
fifty-three of the education law and his
client are placed on the same basis as
those provided by law between attorney
and client, and nothing in such article
shall be construed to require any such
privileged communications to be
disclosed.”), 4508 (“A person licensed as
a licensed master social worker or a
licensed clinical social worker under the
provisions of article one hundred
fifty-four of the education law shall not
be required to disclose a communication
made by a client, or his or her advice
given thereon, in the course of his or her
professional employment . . . .”), 4510 (“A
rape crisis counselor shall not be
required to disclose a communication
made by his or her client to him or her, or
advice given thereon, in the course of his
or her services. . . . “).
In addition, federal and state law require
the consent of a patient or other
qualified person before health
information may be shared. 45 C.F.R. §
164.508 (2017) (requiring patient