San Diego Law Review

Making the Grade: School-Based Telemedicine and Parental Consent

Author(s)

Emily G. Narum

Editor(s)

Faculty editor: Lawrence A. Alexander

Details

Publication Law Review
Volume 53
Issue 3
Start Page 745
Month
Year 2016
Type Comment
Subject Area

Abstract

   This Comment advocates for a uniform state-by-state regulation, requiring schools to obtain parental consent immediately before any telemedicine service is provided to their children at school. Alternatively, the constitutional issues could be eliminated if telemedicine consent forms enumerate a finite and limited list of what medical services may be provided. These reforms will ensure not only that parents’ and children’s constitutional rights are protected, but also that schools and doctors provide the most informed health care services. Part II describes a background of school-based health, as well as the benefits and risks of offering telemedicine in schools. Part III explains the Fourteenth Amendment constitutional right of parents to control and manage the health care of their minor children, and the Fourth Amendment right of children to be free from unreasonable searches and seizures. Part IV argues that states that do not require immediate parental consent before providing telemedicine services violate the Constitution because telemedicine parental consent forms are too vague and ambiguous and therefore do not adequately protect the rights of parents to control the medical care of their children. The section compares various state laws and regulations regarding telemedicine and highlights the lack of legislation protecting the right of parents to consent to medical treatment.
   This Comment ultimately argues that states should implement a uniform standard that requires schools to contact parents immediately before administering any telemedicine services, or alternatively, that requires states to provide telemedicine consent forms with a restricted, limited list of telemedicine services that the school may provide.

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