Can my teenager consult whomever he wants without notifying me?
Your child has every right to consult the health professional of his choice without keeping you informed. Girls have been doing this for a long time with the pill dispensed without permission (and free of charge) by family planning. Same thing for the morning after pill, dispensed in pharmacies.
This is also true for voluntary terminations of pregnancy (abortions). In this case, there is no need for parental authorization: the minor can come accompanied by a trusted adult. School health services and PMI (Maternal and Child Protection) centers thus receive minors discreetly every day.
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Are doctors the only ones bound to secrecy?
No, school nurses must guarantee the confidentiality of information entrusted to them, such as shrinks, pharmacists, social workers, analysis laboratories, etc.
The secret covers everything that the child or teenager may reveal during the discussion with the health professional: the medical file, any confidences, the diagnosis, the treatment, etc.
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In the event of an operation, are they also bound to secrecy?
“In the event of a serious decision concerning the health of the teenager (surgery or other…), the doctor must warn both parents (if they are divorced), in order to obtain their authorization. But the adolescent has the right to oppose it.
But the decision is up to him: he can decide whether or not to tell his parents about it, ”explains Dr Piernick Cressard.
What if it is cosmetic surgery?
When consulted for plastic surgery, the surgeon most often asks for a double parental authorization. “In practice, he will do anything to convince his patient to open up to his parents,” says Dr Cressard. The teen can then choose to talk about it, but without telling them everything. Finally, the doctor must provide clear and fair information, and promote everything that contributes to the proper monitoring of treatment.
Medical secrecy: what the law says
– Case law qualifies medical secrecy as “general and absolute”. It has been reinforced since 2002 by the Kouchner law on patients’ rights, which provides that a trusted adult can take the place of the parents if the teenager so wishes.
– In the event of violation of medical confidentiality, the doctor risks heavy penalties: one year of imprisonment and a fine of € 15,000. However, concerning minors, there is a major exemption: the obligation to inform the medical or administrative authorities in the event of abuse or mistreatment.
