and may be included in the exchange. Who May Give Consent Only the patient may give consent for behavioral health, drug and alcohol treatment records to be included in the Kentucky Health Information Exchange. The exceptions for minors and mentally disabled individuals are described in the following situations: A. The patient is a minor (under 18 years of age according to KRS — 2.015) and is living with his/her parent or legal guardian. In this case, either parent or the legal guardian may legally give consent. 1. Exceptions to parental or guardian's consent for a (patient under 18 years of age) to receive services are: Patient is under 18 years of age, self-supporting and living apart from the parent's residence. The patient, even though a minor, may give consent provided services are fully explained and he/she seems to understand associated risks. Patient is under 18 years of age and married, he/she is then considered emancipated for the purpose of giving valid consent for the services to be provided and associated risks are fully comprehensible to him/her. (KRS 214.185) Patient is under 18 years of age, unmarried and has borne a child (including live birth, miscarriage, etc.). She may give consent for services for her child or herself without consent of her parent(s) or guardian. (KRS 214.1 85) Patient is under 18 years of age and seeks diagnosis and/or treatment for alcohol and/or drug abuse or addiction. The physician may advise, prescribe for and treat such minor for alcohol and other drug abuse or addiction only upon consent of the minor, without consent of or notification to the parent(s), guardian, or any other person having custody of the minor patient. (KRS 214.185) In this situation the minor may also consent to have these records shared with KHIE. B The patient is mentally disabled. If a patient has been adjudged by a court to be mentally disabled, then the court appointed guardian has legal authority to give consent. (KRS 387.660)
and may be included in the exchange. Who May Give Consent Only the patient may give consent for behavioral health, drug and alcohol treatment records to be included in the Kentucky Health Information Exchange. The exceptions for minors and mentally disabled individuals are described in the following situations: A. The patient is a minor (under 18 years of age — according to KRS 2.015) and is living with his/her parent or legal guardian. In this case, either parent or the legal guardian may legally give consent. 1. Exceptions to parental or guardian's consent for a (patient under 18 years of age) to receive services are: Patient is under 18 years of age, self-supporting and living apart from the parent's residence. The patient, even though a minor, may give consent provided services are fully explained and he/she seems to understand associated risks. Patient is under 18 years of age and married, he/she is then considered emancipated for the purpose of giving valid consent for the services to be provided and associated risks are fully comprehensible to him/her. (KRS 214.185) Patient is under 18 years of age, unmarried and has borne a child (including live birth, miscarriage, etc.). She may give consent for services for her child or herself without consent of her parent(s) or guardian. (KRS 214.1 85) Patient is under 18 years of age and seeks diagnosis and/or treatment for alcohol and/or drug abuse or addiction. The physician may advise, prescribe for and treat such minor for alcohol and other drug abuse or addiction only upon consent of the minor, without consent of or notification to the parent(s), guardian, or any other person having custody of the minor patient. (KRS 214.185) In this situation the minor may also consent to have these records shared with KHIE. B The patient is mentally disabled. If a patient has been adjudged by a court to be mentally disabled, then the court appointed guardian has legal authority to give consent. (KRS 387.660)
Consent_explanation_rev01-18-2013.docx