According to clause 18 of Patient's Rights Act, patients are entitled to receive medical information from their doctor or from the medical records.
- When the patient is a minor and the parents wish to obtain or copy information from the child's medical records, the parent must contact the relevant medical facility's medical records department, as part of the normal process of Obtaining Information from the Medical Record.
- In such a case, one of the minor's parents must sign a waiver of medical confidentiality. If the minor has a court-appointed guardian, the guardian appointment letter must also be presented.
Disclosing a Minor's Medical Information to Parents Separately
- According to the law, care providers are obligated to provide information to both parents by request, unless the care provider knows about a court order barring such disclosure, or if one of the parent's legal guardianship has been revoked.
- Additionally, a medical facility that is legally obligated to provide written information to parents about their child, which has received a written request from one of the parents for a copy of the information separate from that provided to the other parent, must fulfill this request unless the facility has been informed that that parent's legal guardianship has been revoked or limited according to a court decision (The Legal Capacity and Guardianship Law, Section 18(b)).
- For additional information see: Obtaining information from authorities about a child to parents individually, Providing access to both parents with information about their children via the HMO's Internet site, Transfer of information in the health system for parents separately and Consent of the parents separately for medical or psychological care of the child.
Medical Information Regarding a Minor that Does Not Require Disclosure to Parents
- The following laws give minors the right to keep information regarding medical care from their parents:
- The Detection of the AIDS Virus in Minors Law, 5756-1996 enables minors over the age of 14 (and in some circumstances younger than 14) to have an HIV/AIDS test performed without their parents' knowledge, and without disclosing information regarding the test results to the parents if the minor does not wish to do so. Social services workers are involved in this process. Juvenile courts have the authority to require disclosure of positive test results to parents, even if the minor is opposed. For more information, see: HIV/AIDS Testing for a Minor without Parental Consent.
- According to The Penal Law, parental consent is not required for a minor to have an abortion, and therefore information about the performance of an abortion is not disclosed to the parents if the minor does not wish to do so.
Medical Information Regarding a Minor who's Parent have been Convicted or Accused of Committing a Sex Crime Against Them
- If one of the parents is convicted of sexual or violent crime against a child, or is being tried for a criminal offense because of this, the child has the right to keep the parent out of his/her medical treatment such that information regarding the child's health care will not be given to this parent and the parent's consent will not be required for the child's medical care.
- The parent may apply to the Family Court, to request that his/her consent be required in order to treat their child and to receive information about the child's health care. The court will require special circumstances to grant the request of the parent.
- For a comprehensive categorized listing of healthcare organizations offering assistance and support, click here.
Laws and Regulations
- The Legal Capacity and Guardianship Law
- The Patients' Rights Law - Section 16a.
- Medical Administration Circular 15/2003 from 09.03.2003 - Waiving medical confidentiality - disclosing patients' medical information
- Guide on how to maintain the right to privacy - The Ministry of Justice's Protection of Privacy Authority.
- Original information written by the IMA.
- English translation and maintenance by The Shira Pransky Project.