Dianne Neely has no official way to complain about an
intrusive "Teen
Questionnaire" that a pediatrician gave to her 13-year-old
daughter, Amanda, without parental consent.
The 27 questions — ranging from sexual activity to drug use,
including, "Is there a gun in your home?" and "Is there conflict
[domestic violence]?" — violated no law.
Indeed, Dr. Stephen Kanarek — a physician at the Pediatric
Health Care Associates where Amanda has been a patient since
1996 — calls such questionnaires "common practice" across
America. Certainly, they are endorsed by such powerful
organizations as the American Pediatric Association, the
American Academy of Family Physicians and the American College
of Obstetricians and Gynecologists.
The questionnaires may exclude parents from aspects of their
child's medical care. For example, the heading of Amanda's
questionnaire offered her two options: "I would not like this
information shared with my parents" or "I am willing ..."
An APA policy statement entitled "Confidentiality in
Adolescent Health Care (RE9151),"
states, "health
risks to the adolescent are so impelling that legal barriers and
deference to parental involvement should not stand in the way of
needed health care."
The "Teen Questionnaire" is not designed to protect the
privacy of those teens who ask doctors for help against sexual
molestation in the home, for example. It is given pre-emptively
and without parental consent to every teen who is a
patient, whether or not abuse is suspected.
Some of the questions reach beyond traditional health care.
For example, Amanda was asked, "[H]ave you ever ridden
with a driver who has used drugs or alcohol?" And, "Do any of
your friends use drugs?" As policy, the
APA states,
"Inquiry regarding the extent of tobacco, alcohol or other drug
use by peers and family should be a part of the routine history
of every child who is seen in the pediatrician's office."
The answers cannot strictly be called "confidential," as
doctors may notify state agencies if they believe a threat to
the child exists or if an illegal activity is indicated. An
answer such as "yes, my parents sometimes have wine when dining
at a nearby restaurant and they drive home afterward," may be
reported to child protective services or the police. (Such
matters are decided at the doctor's discretion and according to
widely varying state laws.)
At the doctor's discretion, the child's consent as well as
confidentiality can be sidestepped. The APA's recommendation on
"Tobacco, Alcohol and Other Drugs," is: "Patient consent should
generally be obtained before testing for drugs or abuse, but may
be waived when the patient's mental status or judgment is
impaired."
Even in the absence of imminent danger or illegality, the
doctor may breach confidentiality. Dr. Kanarek explained that
concern over a teen's unprotected sexual activity might lead a
pediatrician to inform the parents even if the confidentiality
box in the header had been checked.
Again, the APA concurs. It advises doctors to inform
adolescents of the circumstances under which "confidential"
information will be disclosed. But does a 13-year-old realize
how accounts of occasional drinking, the ownership of guns or
domestic squabbles by parents might be viewed by
Child
Protective Services?
Dianne Neely is not a bad parent with secrets to hide. Active
in both church and community, Neely wants to play a fully
informed role in shaping her children's values.
Neely learned of the questionnaire by accident when she took
her two daughters to a pediatric office. Her 10-year-old went
into one room and, at Amanda's request, Neely joined her in
another. In the room, a nurse handed Amanda the questionnaire
and instructed her to give the completed form "directly to the
doctor."
Dismayed, Amanda told her mother that she could not bring
herself to answer questions such as "have you ever experienced
... fondling or sexual intercourse that was against your will?"
According to a story in
The
Massachusetts News, the doctor then advised the
complaining Neely that "state law requires that all children are
treated as if they are promiscuous and doctors have every right
to offer sexual advice, birth control, etc. without parental
permission." Claudette Houle of the state Board of Registration,
which regulates doctors, denied that the board has any
regulation on teen questionnaires.
Few people would object to third parties interceding to
prevent a child from being physically abused within the family.
And the sincerity with which pediatricians such as Dr. Kanarek
argue for the best interests of the child is unmistakable. But
the APA questionnaire policies resemble a generalized witch-hunt
that allows state agencies to enter the homes of parents who
seek even mundane medical care for their children.
The APA advises, "Even an apparently straightforward
complaint such as headaches or sore throat may be associated
with an underlying substance abuse problem."
Dianne Neely used to have confidence in her pediatricians who
— in fairness — are pursuing accepted policy in teen health
care. Neely doesn't accept it. She intends to ask new doctors
some pointed questions before allowing them access to her
children. Will she be fully informed of her child's medical
history? What questions does the doctor ask of children and will
information be sent to state agencies without her consent or
that of her child?
More generally, Neely asked, "Does doctor-patient
confidentiality exist for my child and why are doctors assuming
parental authority?"