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General practitioners' competence and confidentiality determinations with a minor who requests the oral contraceptive pill

Bartholomew, Terence and Carvalho, Tatiana 2005, General practitioners' competence and confidentiality determinations with a minor who requests the oral contraceptive pill, Journal of law and medicine, vol. 13, no. 2, pp. 191-203.

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Title General practitioners' competence and confidentiality determinations with a minor who requests the oral contraceptive pill
Author(s) Bartholomew, Terence
Carvalho, Tatiana
Journal name Journal of law and medicine
Volume number 13
Issue number 2
Start page 191
End page 203
Publisher Lawbook Co.
Place of publication Sydney, N.S.W.
Publication date 2005
ISSN 1320-159X
Summary The right of minors to make medical treatment decisions is an issue that is not explicitly addressed in the legislation of most Australian jurisdictions. While recent common law decisions allow competent minors to consent to treatment, current legislation in Victoria does not provide adequate guidelines on how competence is to be measured. It is also unclear whether the duty of confidentiality is extended to competent minors. The current study explored general practitioners' competence and confidentiality decisions with a hypothetical 14-year-old patient who requests the oral contraceptive pill (OCP). Questionnaires were sent to 1,000 Victorian general practitioners, 305 of whom responded. General practitioners were asked to determine whether "Liz" was competent to request the OCP, and whether they would maintain her confidentiality. A total of 81% of respondents found the patient competent, while 91% would have maintained her confidentiality. Results indicate that the majority of general practitioners used rationales that generally did not conform to current legal principles when making competence and confidentiality determinations regarding this patient.
Language eng
Field of Research 180199 Law not elsewhere classified
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2005, Lawbook Co.
Persistent URL http://hdl.handle.net/10536/DRO/DU:30003437

Document type: Journal Article
Collection: School of Psychology
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