Story Published:
Dec 7, 2009 at 8:39 PM MDT
Story Updated:
Dec 8, 2009 at 11:57 AM MDT
BILLINGS - Adam Ledford versus Riverstone Health and the Billings School District is a case that raises several questions regarding a parent's right to obtain information regarding their minor child, a minor's right to privacy, and the role of the state to protect both.
"I was dumbfounded," said Adam Ledford. "I just couldn't believe that they had done something like this."
Ledford claims that last year at West High School, a nurse with Riverstone Health pulled his 15-year-old daughter out of class and informed her that a young man confirmed to have a sexually transmitted disease had identified her as a sexual partner. The nurse told the girl that she must either go to a clinic and get an exam and treatment for the STD, or she could take two gelcap pills. The girl says she took the pills and did not tell her father about the incident until a few months later.
"They didn't give her an exam, they didn't contact anybody, they just took it upon themselves. They completely circumvented the parent," said Ledford.
In court documents, Riverstone Health admitted they met with the girl and that they are within their legal rights to do so. Under Montana Code 50-18-107, health officers have the right to investigate and examine persons suspected of being infected with an STD, and require them to seek treatment.
Ledford is also taking issue with the fact that Riverstone Health refuses to turn over his daughter's medical records, despite of the fact that both he and his daughter have signed for their release. To date, he has no idea what STD his daughter was suspected to have, or what medication she was given.
Court documents show that Riverstone admits that the girl is entitled to her medical records with the information of other people taken out, due to privacy concerns.
Riverstone is bound by law to keep information regarding persons suspected to be infected with an std confidential.
"Who's rights are they protecting," asked Ben LaBeau, Ledford's attorney. "Adam and his daughter both singed authorization demanding all of her medical records, they won't turn them over. There's no excuse under the law for that."
Billings Public Schools is also listed in the lawsuit because the incident occurred on school grounds during school hours.
Superintendent Jack Copps said the district did not violate school policy because the medication was not administered by them, and that they acted appropriately. He said the district and the health department have a close, working relationship.
"We don't just ask the question as to what's going to transpire as we don't with our own nurses when they meet with students because we feel strongly that they understand what their boundaries are and that they have an obligation to act within those boundaries," said Copps.
Ledford also claims that the nurse did not ask his daughter about any allergies she may have to medications, a charge Riverstone denies.
"How many kids have they treated and parents don't know? How long before they kill somebody? That's not going to happen on my watch," said Ledford.
Riverstone Health said it does not comment on pending litigation. Ledford pulled his daughter out of the public school system following the incident. District Court Judge Gregory Todd is deciding whether or not Riverstone Health must release the medical records.
The Ledfords are also seeking lawyers fees, punitive damage, and would like the state legislature to readdress how public health officials can approach minors.
Wednesday, Dec 9 at 11:37 AM Angry Parent wrote ...
Under the listed code they CANNOT give medication (treatment)unless she is examined. They can't prove she was even infected, only possible exposed. The most they could have done LEGALLY is have her quarantined if she refused to be examined. Search "Montana Code 50-18-107" and read for yourself. I hope Riverstone and the school get nuked for this and no I'm not passing a mill levy so you can pay for your stupidity.