|
The Tiahrt/Graham Amendment
Isolates Young People from Essential Health
Services
The Tiahrt/Graham
amendment, adopted by voice vote to H.R. 1, the Elementary and
Secondary Education Act, would require written prior parental consent
before a minor could receive any non-emergency health or mental health
service in a school setting. In doing so, the Tiahrt/Graham amendment
isolates young people from the essential health-care services they
need.
- Tiahrt/Graham is an unconstitutional restriction on all
funds, including non-federal dollars.
The Tiahrt/Graham amendment
would deny all federal funds to schools that fail to comply with
the amendment, even if they use other non-federal sources of funding to
provide health-care services to minors. This is an unconstitutional
federal condition on local and private funds because it penalizes
schools that provide constitutionally protected, confidential health
services for minors by withdrawing all federal funding. It is also a
disproportionate sanction, one that could result in a cutoff of federal
funds to an entire school district – or even a state educational agency
– if even one staff member fails to comply with the amendment.
- Addressing young people’s health needs in a timely fashion should be
our first priority.
Today’s youth are at particularly high risk for
health problems and unhealthy behaviors such as alcohol and substance
abuse, sexually transmitted diseases (STDs), human immunodeficiency
virus (HIV), pregnancy, mental illness, injury, and self induced and
interpersonal violence. Every day young people suffer depression, fear,
extreme anxiety and anger, and even contemplate suicide. Regrettably,
many do not take the initiative to seek help from caring adults, yet
these health threats can jeopardize an adolescent’s development, future
opportunities, and even life. As a result, our common goal should be one
of reducing, not erecting, barriers to needed health care services. We
must not inhibit school-based personnel from immediately addressing what
may be signs of physical illness, emotional or behavioral trouble.
- Tiahrt/Graham applies to all health services in school
settings.
The Tiahrt/Graham amendment would require prior written
consent before a minor can access virtually any health service in
any school setting. This includes routine visits to the nurse’s
office, appointments with a school psychologist or school counselor,
sports physicals, and almost any service offered by school-based health
or mental-health service providers. These services include both
preventive-health and primary health-care services and range from basic
screenings for height, weight, vision, hearing, and scoliosis, other
developmental health checks, to counseling services to address why a
student might be having difficulties at school (the causes of which
could be poor vision, malnutrition, depression, substance abuse, or a
variety of other conditions or illnesses).
- The amendment is so broadly worded that it could discourage school
officials from offering routine, responsible guidance to young
people.
The Tiahrt/Graham amendment denies funds to any educational
agency or institution that provides or "otherwise causes" a young person
to receive a health service. The meaning of "otherwise causes" is so
vague as to present serious constitutional concerns. Moreover, it is so
broad that it could discourage any counseling, referral, assistance by
school nurses or other health professionals, mental-health providers,
counselors, teachers, or even principals from whom minors routinely seek
advice.
School personnel regularly perform a broad range of activities that
might "cause" a minor to seek health care, including providing
critical referral information; offering an uninsured young person the
name of a nearby community health center; suggesting that a minor
obtain substance abuse or mental health counseling, a vision or
hearing exam, or an HIV test; or providing a young person with the
phone number of a domestic-violence or suicide-prevention hotline. A
principal who calls a student who has been disruptive in class into
his/her office may violate the Tiahrt/Graham amendment if, as a
result, the conversation "causes" the young person to seek
mental-health counseling for anger management. A school
physical-education teacher may not want to risk violating
Tiahrt/Graham by talking to a visibly too-thin young woman about
eating disorders – because this might "cause" the student to seek care
for her illness. These two examples illustrate the startlingly broad
sweep of the Tiahrt/Graham amendment, and hint at its potential to
place individuals’ and the public health at
risk.
- The Tiahrt/Graham amendment removes control and flexibility from
local communities.
Although the Tiahrt/Graham amendment applies to
all school-based health care, it would particularly affect
school-based health centers, which comprise a critical link in our
nation’s public-health system for young people. Young people are the
population most likely to be uninsured and to lack access to traditional
health-care providers. The nation’s 1300 school-based health centers
were founded to address this gap. While such centers vary in size, form,
and in the services they provide, they all have advisory boards
comprised of community representatives, parents, youth, and family
organizations that participate in the planning and oversight of the
center. Decisions about how services should be provided in school
settings should be left to local decision-makers who can assess the
needs of their own communities.
- Tiarht/Graham is contrary to the recommendations of major medical,
mental health, and public health organizations, which support young
people’s access to confidential health care.
Leading medical groups,
including the American Medical Association, American Academy of
Pediatrics, the American Academy of Family Physicians, the American
College of Obstetricians and Gynecologists, the American Public Health
Association, the National Medical Association, the National Association
of School Psychologists, and the American Psychological Association
oppose mandatory parental consent requirements for young people
to access certain sensitive health-care services. Health professionals
have an ethical obligation to provide the best possible care and
counseling to respond to the needs of adolescents. This obligation
includes every reasonable effort to encourage parental involvement.
However, the potential health risks to adolescents if they are unable to
obtain certain health services are so compelling that lack of
confidentiality can actually jeopardize their health.
- The Tiahrt/Graham amendment will not improve family communication;
it will only isolate young people from health services.
While most
teens seek their parents’ advice and counsel when making decisions about
their health care, in some cases, open family communication is not
possible. This is particularly true of sensitive services such as mental
health, substance abuse, and reproductive-health care. School-based
health centers and other school-based services personnel provide a
confidential, safe place for young people to receive essential services
and accurate health-care information that may otherwise be inaccessible
or appear less convenient. Requiring parental consent before a minor
could access any health service or obtain health care in a school
setting will mean that minors may not receive the information they need
to make informed decisions about their health or be able to obtain
necessary services. Furthermore, it is highly probable that many parents
and students would fail to complete or return the necessary paperwork to
consent for the services – not because they intend to decline them, but
because such communications often fall through the cracks. These young
people may be most at-risk for health problems.
- Tiahrt/Graham supplants minors’ rights in numerous states
.
Although the Tiahrt/Graham amendment does not preempt explicit
state laws that allow minors to consent to health-care services without
involving a parent, state laws vary widely in express grants of
authority to minors. For example, while every state has a statute that
expressly allows minors to consent for STD testing and treatment, only
20 states and the District of Columbia have statutes that explicitly
permit minors to consent for outpatient mental health services, and only
22 explicitly permit minors to consent for general medical services.
However, even in states without such statutes, minors are permitted to
consent to medical treatment under the state and federal Constitutions
or as a result of state common law. The Tiahrt/Graham amendment would
supplant the legal regimes in all the states in which there is no
express statute on point, but where minors are nevertheless permitted to
consent for sensitive services.
Science Policy
Homepage |