A federal judge upheld health care privacy and common sense in overruling Kansas Attorney General Phill Kline’s opinion seeking mandatory reporting of most sexual activity in youths under age 16.
District Court Judge J. Thomas Marten pointed out that both sides agree on mandatory reporting of cases involving incest, sexual abuse of a child by an adult and sex involving a child under age 12. The issue was whether health providers must report “consensual underage sexual activity” â€” and Marten sided with providers who argued that state law gives them the discretion to decide whether an injury has occurred.
Kline plans to appeal, but it’s doubtful he’ll have better luck â€” his opinion simply went too far.
Posted by Randy Scholfield
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