Student Seeks Medical Confidentiality for Minors

Shana K. Chung '82 is an undergraduate with an unusual mission.

For the past several months, buried in the stacks of Langdell Library at the Law School, Chung has prepared a bill, for the State Legislature, which would ensure that minors can receive confidential medical treatment in Massachusetts.

Frustrated by her experience with the laws in New York, Chung began investigating the Massachusetts code when she came to Harvard last September.

Doctors are afraid to keep minors' medical records confidential because common law labels treatment without parental consent "assault and battery," she said.

After some preliminary digging, Chung discovered a little-known ruling of the Supreme Judicial Court of Massachusetts in the case of Baird versus Belotti in January 1977. The court ruled that, in all cases except abortion, a "mature minor" may receive confidential medical treatment where it is in his/her best interest not to notify the parents.

State Sen. Michael LoPresti filed the bill by request on behalf of Chung. Because she filed the bill at a late date, LoPresti did not have enough time to study it and decide whether to sponsor it personally, Richard J. Sader, LoPresti's legislative aide said yesterday.

Chung's bill, which came up before the joint Health Care Committee last week, seeks to codify the mature minor rule. The Supreme Judicial Court defined a mature minor as one who is capable of giving informed consent (to an operation or medication)."

As it stands now, the bill provides that mature minors should be able to receive abortions without parental consent. Chung says that because the abortion issue is so controversial in Massachusetts, she would be willing to accept an amendment if it would help the bill pass.

"There is a stigma attached to a bill filed by request, because it doesn't indicate support on the part of the senator or representative, Chung says, adding "On the other hand, it doesn't indicate non-support either." The committee plans to announce tomorrow whether it finds the bill "favorable," "unfavorable," or necessary to study further.

"If they decide to study the bill, it basically means they've canned it. If they find it favorable, it means they think it should pass." Chung explains. If the committee finds the bill favorable or unfavorable, the proposed legislation will be debated in the Senate.

Chung has poured over the legislature's journal to find representatives and senators who supported similar legislation in the past and written explanatory letters to 30 legislators asking for support.

Chung said she is "optimistic the bill will pass before I graduate."

Louis G. Pines, who finished second behind Michael Connolly in November's Secretary of State campaign, expressed pessimism this week. "While Shana's effort is laudable, I don't think she realizes the enormous sociological issue involved," Pines said.

Pines sponsored a bill proposing reform of the birth control laws last year which was defeated decisively. "The state is not very supportive of this liberal position," Pines said, adding she does not feel it is a winning cause in Massachusetts.

Sader and Jeffrey M. Bernstein, State Rep. Walter E. Bickford's chief legislative aide, gave Chung advice and assistance. Bernstein recommended health care committee members who would likely be amenable to the proposal, and Chung lobbied those committee members.

Rhoda B. Nierdorf, director of Medical Records at University Health Services who holds a degree in registered records administration, was one of the people who wrote letters testifying on Chung's behalf.

Bernstein said yesterday he thinks there is a chance some politicians might be "maneuvered to see the bill as an alternative to pro-abortion legislation." Chung's bill may also be blended with other similar ones into a single proposal.

Chung says that if the bill does not pass this time around, or if the Health Care Committee decides to shelve it, she will "just start over again next year."