When can what information about minors be shared?
The Medical Treatment Contracts Act (WGBO) has separate rules for four groups of minors:
- Minors under 12 years of age
- Minors aged 12, 13, 14 or 15
- Minors aged 16 and 17
- Minors who are incapacitated(12 to 18 years old)
Below are the rules that apply to these four groups:
Minors under 12 years of age
The parents or guardian(s) are always entitled to information about the minor.
Minors aged 12, 13, 14 or 15
The parents or guardian(s) are entitled to information that is important for their role as educators. The doctor does not have to share information if he feels it is contrary to the care of a good counselor.
The minor must give permission to the GP to share data with other people. The parents and the child can request to view the medical file. The child may object to the parents being able to view the file.
This group of minors is not allowed to enter into a treatment agreement independently. This is done by the parents or guardian(s) on behalf of the minor. For any action associated with the execution of the treatment agreement, both the minor and the parent(s)/guardian(s) must give consent to the doctor. The GP will tell them in advance about what the treatment entails.
Minors aged 16 or 17
The parents or guardian(s) have no right to information. The minor has the right to confidentiality. A patient of 16 or 17 years of age should be treated in the same way as an adult.
Minors who are incapacitated (12 to 18 years old)
The parents or guardian(s) are always entitled to information about minors who are incapacitated. For all incapacitated minors aged 12 to 18, their parents or guardian(s) must make arrangements with their GP about their care and health.