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CPG for Eating Disorders

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Current legislation– Organic Law 1/1996, of 15th of January, <strong>for</strong> Legal Protection of Minors, partial amendmentof the Civil Code and the Civil Procedures Rules Law. Spanish Official Gazette, 17 th January1996 (number 0015) 410 .– Article 9.3.c. of Law 41/2002, of 14th November, a basic regulatory law governing thepatient’s autonomy and the rights and obligations with regard to clinical in<strong>for</strong>mation anddocumentation (Official Gazette no. 274, de 15-11-2002, pp. 40.126-40.132) 406 .– Article 10.6 of the Ethics Code and Medical Deontology, 1999. OMC, Revista del ConsejoGeneral de Colegios Médicos de España, 1999 (66): 2.124 y 2.931, concerning observanceof the patient’s freedom and possibility to apply <strong>for</strong> the intervention of the Court, in caseswhere deemed necessary 405 .12.3. In the case of a minor diagnosed with ED, how is thedilemma: duty of confidentiality, respect to autonomy,and obligations with regard to the parents or legalguardians of the minor solved?The controversy between the knowledge and authorisation from the parents or legalguardians and the right to privacy and confidentiality of the minor (article 7 of Law 41/2002) 406 ,is present in all norms and regulations and there is not one single norm that serves as a guide tothe physician to generalise cases. In general, regulation tends to be inspired on some generalprinciples concerning respect to privacy and professional secret, and to establish certainlimitations and exceptions to the main general principle.The physician may –according to article 16.1.d) of the Ethics Code 405 – disclose the secretprior authorisation from the patient or without such authorisation in cases in which thephysician’s silence may cause damage to the actual patient or to third parties.Likewise, in an extended reading of the Civil Code on how the minor must be regarded, it isimportant <strong>for</strong> the physician to take into account the minor’s age and maturity level.CLINICAL PRACTICE GUIDELINE FOR EATING DISORDERS191

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