Treatment of Minors in Maine: Consent, Confidentiality and Control

Maine laws permit a health care provider to accept a minor’s consent as valid and sufficient – without parental consent. This course will provide an overview of the basis for valid consent; providers’ ability to accept or decline a minor’s consent; a minor’s right to consent to treatment and to control confidentiality; exceptions to confidentiality; and managing parents’ expectation of access to their child’s PHI when the minor’s consent permitted treatment.

 Course Objectives:

  • Discuss the ability of minors to consent to treatment.
  • Discuss the ability of minors to control access to their private health information.
  • Discuss parental access of a child’s PHI when the minor’s consent was the basis of consent to treat.
  • Discuss decisions to be made by therapists and other providers in managing minors’ confidentiality.

How it Works

After watching a video presentation by Kenneth Lehman, J.D., you will be required to take a short quiz. Upon receiving a grade of 80% or higher, you will be directed to a course evaluation. Once you have completed the evaluation, you will be able to download a .pdf certificate to get your course credit.

Outline

  • Video Presentation
  • Exit quiz requiring a score of at least 80% to earn contact hours
  • Evaluation of the training

About the Presenter

Kenneth Lehman Headshot pictured from shoulders up facing camera

Ken Lehman, J.D., is a member of Bernstein Shur’s Health Care Practice and Litigation & Dispute Resolution Practice Groups.  Bernstein Shur is one of Northern New England’s largest law firms, with more than 120 attorneys, and offices in Portland & Augusta, ME and Manchester, NH.

For more than 30 years, Ken has concentrated his law practice on health care legal and regulatory issues.  After practicing law for 5 years in New York, Ken joined the Maine Office of Attorney General, where he served from 1986-1992 as the Assistant Attorney General who advised and prosecuted cases for Maine’s licensure boards for medicine, osteopathic medicine, nursing, psychology, social work, counseling professionals, substance abuse treatment professionals, dentistry, pharmacy, chiropractic and other licensed health care professions.

Since joining Bernstein Shur in 1992, Ken’s legal practice has primarily involved providing legal advice & counsel and defense for Health Care Providers, Mental Health & Substance Abuse Treatment Agencies, Social Service Agencies, Home Health Agencies, Pharmacy Manufacturers and Wholesalers, and Hospitals concerning a broad scope of legal, ethical, clinical competence and practice-related, and payment issues that arise in health care practices.

Ken’s day-to-day legal practice is concentrated on: licensure defense of health care providers, advising providers regarding challenging day-to-day clinical practice and ethics issues, investigating and defending DHHS Licensure cases and investigations of Mental Health, Substance Abuse Treatment and Social Service agencies; assisting providers manage difficult patient/client situations, providing professional ethics consultations; and representing clients concerning issues related to confidentiality of PHI and HIPAA, employment matters, State and Federal investigations, hospital medical staff and other credentialing actions, and health care providers with substance use and alcohol use disorders. Ken regularly teaches seminars on health care legal issues.

Ken received his A.B. degree, summa cum laude, from Hamilton College in 1978, where he was elected to Phi Beta Kappa. Ken received his Juris Doctor degree in 1981 from the University of Virginia School of Law. Among Ken’s professional honors and recognition are: selection by Maine attorneys for Best Lawyers® Maine “Lawyer of the Year” for Health Law in 2014, 2017, and 2019, and “Lawyer of the Year” for Administrative Law in 2011 and for Regulatory Law in 2016. Ken has been listed in by Best Lawyers in America® for Health Law since 2001 and for Administrative Law since 2009; and listed by New England Super Lawyers® for Health Care law since 2009. Ken is rated “AV Preeminent” by Martindale-Hubbell®.

Ken and his wife Lauren live in Cumberland Center. They have raised three sons and love their new role as grandparents to a brilliant and strong baby girl.


Contact Hours

Certificates will be issued upon completion of an online course evaluation.
No partial credit will be given.

  • 1 contact hour pending for nurses.
    CCSME Provider Unit is an approved provider of continuing nursing education by the Northeast Multi-State Division (NE-MSD), an accredited approver by the American Nurses Credentialing Center’s Commission on Accreditation.
    Accreditation status does not imply endorsement by ANCC, NE-MSD or CCSME Provider Unit.
  • 1 contact hour pending approval by the Maine Board of Alcohol and Drug Counselors.
  • 1 Category I contact hour for Psychologists are provided.
    CCSME is a pre-approved sponsor and provider of Professional Education Activities for Psychologists.
  • 1 contact hour for CHES.
    CCSME is a designated provider of continuing education contact hours (CECH) in health education by the National Commission for Health Education Credentialing, Inc.
  • Certificate of completion for 1 contact hour for Social Workers, Licensed Clinical Professional Counselors, and other Professionals.

Important Info

Disclosure: Neither the presenter nor the program planners (CCSME) have any commercial interest or conflict of interest to disclose.

Disclaimer: This course is intended for educational purposes only. It is not intended to provide legal advice. The views, opinions, and content expressed in this presentation do not necessarily reflect the views, opinions or policies of the Co-Occurring Collaborative Serving Maine (CCSME).