What Should Be the Scope of Privacy Protections for Student Health Records? A Look at Massachusetts and Federal Law

Abstract:
The article discusses in length the issues of student health record confidentiality within a school setting. There are legal implications depending on whether or not student health records are considered educational records or medical records. When the school board or district is involved in managing health care, student health records are considered 'educational,' and as such parents and other third parties have access to these records. When another agency runs the health center for a school, health records are considered 'medical' and protected by confidentiality laws. There is a federal loophole for situations with school-run health centers when confidentiality is extremely important. The loophole allows nurses and other health care providers to keep personal notes for their own use and for use only by a person who will substitute for them which are protected as confidential and not made part of the temporary school record. This article examines the possibility of providing subfolders for issues such as abuse, contraception, STDs, HIV, drug use, alcohol use, psychological counseling, pregnancy and abortion, and others for which personal notes could be used in order to keep this information confidential and separate from students' temporary files.

Author(s): SIEGLER, Gregory

Publication: Journal of Law & Education


Date Published: 1/1/1996

Pages: 32

Location Code: 9106