Several recent court cases illustrate how some states are attempting to mandate physician reporting of all underage sexual activity as instances of child abuse.
Melissa Weddle, MD, MPH and Patricia K. Kokotailo, MD, MPH
Physicians should honor confidentiality whenever possible when screening and treating adolescents for sensitive health conditions such as substance abuse.
Preventing bad outcomes for teens and their offspring was the impetus behind confidential care for reproductive health. Requiring parental involvement created an obstacle to the provision of necessary care.
The AMA Code of Medical Ethics' opinions on confidential care for sexually active minors and physicians' exercise of conscience in refusal of services.
State laws prohibiting sodomy were on the books throughout US history until struck down by the US Supreme Court, which argued in Lawrence v Texas (2003) that the state cannot criminalize private sexual conduct.
An argument that the concept of judicious dissent can resolve the debate over a physician’s conscience-based right to refuse to provide lawful services.
An argument that an individual physician’s conscience-based decision not to offer specific, lawful medical services should not restrict patients’ access to those services.