[Ansteorra-chirurgeon] And now the best answer possible to a badquestion

Wed Oct 6 21:41:50 PDT 2004

I have rather enjoyed this discussion. As a father of 4 (1 son and three
daughters) I find myself mixed. While I greatly appreciate the
willingness of people to make sure my children are "protected" from
their actions (or potential actions). The idea that my children can
possible go to someone else and asked and obtain what they need to
justify their actions bothers me.  As a chirurgeon, I would not hand
them out to a minor no matter what the law states. Even though I might
be "safe" from criminal action, I will still be subject to civil action
(remember OJ, acquitted of criminal murder charges but found responsible
civilly for wrongful death). Also as a Medical professional, (I am a
Texas EMT Intermediate) because of my higher training, I am far more
likely to be sued since someone could interpret my actions as
"prescribing"  which I am not licensed to do and therefore practicing
medicine without a license. My certification will only protect me if I
am operating in an official capacity of my employment and do not exceed
the direction provided by my Medical Director (the doctor whose license
I operate under). Having said that, I am not protected by my Texas EMT
alone and could face criminal and certainly civil charges. Besides, I am
already paying too much in child support to even consider paying for
someone else's because I choose to give a 15 year old a condom to have
sex at an event 

My understanding of HIPPA laws are that I am not allowed to disclose any
medical information to anyone who does not have the need (someone
directly involved in the patient's care).  This does not apply to the
parent's of minors as I am directly responsible for my children and
therefore have the legal right to access any and all things pertaining
to their health care. So by law I am required to disclose this
information to the parents or legal guardians if so asked, (unless the
minor can produce the proper court papers proving that the have been
emancipated). Stepping on the parental rights can be very tricky and
even if you are safe from criminal prosecution will not save you from
civil prosecution.

Only my humble opinion,

Rurik

-----Original Message-----
From:
ansteorra-chirurgeon-bounces+rurikthered=austin.rr.com at ansteorra.org
[mailto:ansteorra-chirurgeon-bounces+rurikthered=austin.rr.com at ansteorra
.org] On Behalf Of richard hall
Sent: Wednesday, October 06, 2004 7:45 PM
To: ansteorra-chirurgeon at ansteorra.org;
chirurgeonate-ansteorra at yahoogroups.com; sca-chirurgeon at yahoogroups.com
Subject: [Ansteorra-chirurgeon] And now the best answer possible to a
badquestion

But this only true of the 2 states mentioned as I do not know about any
others except LA where I did live and work as an EMT but do not admitt
very often.

In TX & OK anybody 14 & over can obtain any medical care or
contraseptive from any medical professional or in the case of condoms or
spremacide even a guidence consular or buy it themselves with the
consent of parents, so u can give them the condom with fear of trouble
and u can not inform the parent due to the law and HIPAA if u have a TX
cert or lisencsure. Yea i know HIPAA does not apply but the laws of TX
and OK do. And also in TX 17 yo and up + 17 yo and up = legal and 14-16+
14-16=legal 13 & under +anything is no way in hell. And the 17 only
counts for girls boys have to be 18 to consent to have sex with an adult
18 and up hecnce a 17 yo guy can not have sex with an 18 yo girl but and
17 yo girl can have sex with anybody 17yo & up.
But as shown by Brocc in the forwarded digest it can open u up to very
nasty leagal stuff and hence the SCA also. But the SCA does have a
ruling that protects the SCA. OTCs can be brought by almost anybody a 14
yo can go in the store and by ASA or APAP but we cannot give OTCs in SCA
to a minor without the parent getting them. SO here is how I would
handle it and suggest maybe u do to if u choose to deal with it at all
by carring condoms. I plan to tell the 15 yo that as a SCA chirurgeon I
can not give them the condom as it is an OTC without their parent or
loco parentis/guardian coming to get it. But I tell the 15 yo to wait a
minute while I take off my baldric and than not an SCA chirurgeon but
just a friend and I then ask what they need it for & if sex, if they
understand how to use a condom and if they understand the risks of sex
with or without a condom. I then give them the condom after I here what
would be for me acceptable answer! s or I explain some stuff if I feel
they need some explanation. If the 15yo is still plans to have sex I
give them the condom for the main reason they r going to have it anyway
& I would rather see it safe than not as many have already stated. But
by taking off your baldric the SCA is no longer involed and hence
protected but if u are in TX or OK u r cover by TX & OK law. This does
not apply at GW which is covered by MS law & I have no idea about that
state. But maybe as GW War Chirurgeon I may just as the Autocrat who is
a;so a MS papamedic.
This is only how I would deal with this and is only a suggestion as
based on the laws in OK & TX. And if U do not want to deal with this
than either do carry condoms or do not let people know u carry them and
save them for use by friends & yourself. And yes u can refuse by saying
that u r out or do not carry them.

 And as this ? has taken us out of the SCA to be able to deal with it I
will not sign as Herr Arkell MC KC Ansteorra but as 

Arkell who happens to be an SCA member & is Richard Hall LP, RN

richard hall <arkellvomcophus at yahoo.com> wrote:
Enjoy this ? asked of me as todays fun challange.

Arkell

Hope this is o.k. to put it this way ...If you think it needs changing
...please do so...                 You have a young man ,age ,around 15
yrs.old ,and he ask you for a comdom. Do you give to him or not ? Do you
talk to him about "why" he wants it..How are we as Chirurgeon to handal
this ? This is after all a minor.

It's nice to be important..but....It's more important to be nice...

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