SESK: Stuff Everyone Should Know · sesk.info/hipaa-personal-rep-parent
Who usually acts as a minor child's personal representative under HIPAA?
A parent or guardian with authority under law.
- A parent or guardian with legal authority ✔
- Any adult relative
- The child's school nurse
Why: A parent, guardian or person acting in loco parentis who has legal authority to make the child's health decisions is generally treated as the child for HIPAA purposes.
Huh, didn't know that: If a minor may lawfully consent to a service alone, the parent may not be the personal representative for that service.
Why do dads carry an extra pen? In case they need to sign the permission slip twice.
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References
Answer: A parent or guardian with legal authority. A parent, guardian or person acting in loco parentis who has legal authority to make the child's health decisions is generally treated as the child for HIPAA purposes.
- 45 CFR 164.502 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502
If under applicable law a parent, guardian, or other person acting in loco parentis has authority to act on behalf of an individual
Checked 2026-10-10. - 45 CFR 164.502 (eCFR) www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/section-164.502
The minor consents to such health care service; no other consent to such health care service is required by law
Checked 2026-10-10.
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