Minor's Consent to Health Services Act

Since February 2004, MPHA has been working actively in partnership with health and professional organizations to oppose changes to repeal and amend critical portions of the Minor's Consent to Health Services Act (MN Statute 144.34-347) as proposed in HF. 352 (Representative Wilkin) and SF. 570 (Senator Nienow). Since 1971, the state of Minnesota has recognized that teens are more likely to access a broad range of health and services when the services are confidential. Under current law, health professionals may inform parents or legal guardians of any treatment given or needed where, in the professional's judgment, failure to so would jeopardize the health of the minor patient. For more information about the current law, real-life examples of its impact; and organizations opposing changes in current law, see……

On March 3, six (6) persons, representing both provider and research perspectives in accessing confidential health services, testified before the House Health and Human Services Policy Committee. They focused on why the law is needed for getting young people in the door for health care services, the importance of confidentiality for health providers and young people, and the process of working with young people to engage their parents. Dr. Charles Oberg, president of the American Academy of Pediatrics-Minnesota Chapter (and past MPHA President) said, "My concern is for the minors who are not in healthy relationships with their parents. Current law helps us see these patients." Two amendments received committee approval in sending HF 352 to the House Floor for action.

On March 9, six (6) persons representing provider, youth and research perspectives, testified before the Senate Health and Family Security Committee. Dr. Margaret Dexheimer Pharris, Assistant Professor, Department of Nursing, College of St. Catherine, (and MPHA member) highlighted the role of the health professional. "Facilitating collaborative decision-making between a minor and her or his parent regarding health care should be the goal of practitioners. We only draw on minors consent to protect teens when involving parents is problematic or impossible. We do not do so lightly." Drawing on his extensive and long professional experience and a large body of objective data that has been published on minors consent over the last three decades, Dr. Ed Ehlinger, Director and Chief Health Officer of the University of Minnesota Boynton Health Officer (and past MPHA President), distinguished facts from opinions. "In particular research on the theme of connectedness…the importance of feeling connected to parents, family, school, and other adults show that this factor helps reduce involvement in serious risky behaviors such as violence, suicide, early sexual activity, and substance use. There is no evidence that the availability of confidential health services undermines this sense of connectedness to parents and parent-child communications." HF570 failed to receive approval of the committee, stopping it from moving forward in the Senate.

MPHA involvement in this important public health policy issue dates back to 1968. Instrumental in drafting the legislation, MPHA pulled together a broad coalition to advocate for passage of this landmark law, and defended its intent and integrity successfully in 1973 and 1978.

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