Re: Digest Number 2239

[Guest guest]

From: wegandy1938@...

> Any organization that provides medical care is covered. Period. Reread

> Chapter 181, Texas Health and Safety Code if there are any questions.

Far be it from me to argue the point with you, but just one little point of

contention: is not the Camp Director acting in loco parentis, and therefore

eligible for medical information release? It seems to me that the Camp

Director, as the person who the child has been signed over to for the week,

would have as much right to this information as a parent.

Of course, this still leaves those cases where the patient is an adult

scouter or a minor whose parent(s) are also at the camp.

Comment, Gene?

Rob

[Guest guest]

From: wegandy1938@...

> Any organization that provides medical care is covered. Period. Reread

> Chapter 181, Texas Health and Safety Code if there are any questions.

Far be it from me to argue the point with you, but just one little point of

contention: is not the Camp Director acting in loco parentis, and therefore

eligible for medical information release? It seems to me that the Camp

Director, as the person who the child has been signed over to for the week,

would have as much right to this information as a parent.

Of course, this still leaves those cases where the patient is an adult

scouter or a minor whose parent(s) are also at the camp.

Comment, Gene?

Rob

[Guest guest]

From: wegandy1938@...

> Any organization that provides medical care is covered. Period. Reread

> Chapter 181, Texas Health and Safety Code if there are any questions.

Far be it from me to argue the point with you, but just one little point of

contention: is not the Camp Director acting in loco parentis, and therefore

eligible for medical information release? It seems to me that the Camp

Director, as the person who the child has been signed over to for the week,

would have as much right to this information as a parent.

Of course, this still leaves those cases where the patient is an adult

scouter or a minor whose parent(s) are also at the camp.

Comment, Gene?

Rob

[Guest guest]

No. Camp Director is not acting en loco parentis. That would be a

scoutmaster/assistant scoutmaster, however medical records/information only get

released to the parent/guardian on my watch. Parent/Guardian is that as

defined by the Family Code. The Health Officer is actually the only one the

consent is given to, in the form of the written authorization at the bottom of

the Class 1/2 & Class 3 Physicals.

§ 32.001. CONSENT BY NON-PARENT. (a) The following

persons may consent to medical, dental, psychological, and surgical

treatment of a child when the person having the right to consent as

otherwise provided by law cannot be contacted and that person has

not given actual notice to the contrary:

(1) a grandparent of the child;

(2) an adult brother or sister of the child;

(3) an adult aunt or uncle of the child;

(4) an educational institution in which the child is

enrolled that has received written authorization to consent from a

person having the right to consent;

(5) an adult who has actual care, control, and

possession of the child and has written authorization to consent

from a person having the right to consent;

(6) a court having jurisdiction over a suit affecting

the parent-child relationship of which the child is the subject;

(7) an adult responsible for the actual care, control,

and possession of a child under the jurisdiction of a juvenile court

or committed by a juvenile court to the care of an agency of the

state or county; or

(8) a peace officer who has lawfully taken custody of a

minor, if the peace officer has reasonable grounds to believe the

minor is in need of immediate medical treatment.

( The Texas Youth Commission may consent to the medical,

dental, psychological, and surgical treatment of a child committed

to it under Title 3 when the person having the right to consent has

been contacted and that person has not given actual notice to the

contrary.

© This section does not apply to consent for the

immunization of a child.

(d) A person who consents to the medical treatment of a

minor under Subsection (a)(7) or (8) is immune from liability for

damages resulting from the examination or treatment of the minor,

except to the extent of the person's own acts of negligence. A

physician or dentist licensed to practice in this state, or a

hospital or medical facility at which a minor is treated is immune

from liability for damages resulting from the examination or

treatment of a minor under this section, except to the extent of the

person's own acts of negligence.

Re: Digest Number 2239

From: wegandy1938@...

> Any organization that provides medical care is covered. Period. Reread

> Chapter 181, Texas Health and Safety Code if there are any questions.

Far be it from me to argue the point with you, but just one little point of

contention: is not the Camp Director acting in loco parentis, and therefore

eligible for medical information release? It seems to me that the Camp

Director, as the person who the child has been signed over to for the week,

would have as much right to this information as a parent.

Of course, this still leaves those cases where the patient is an adult

scouter or a minor whose parent(s) are also at the camp.

Comment, Gene?

Rob