The consent of the parent, or parents, of such a person is not necessary in order to authorize hospital, medical and surgical care.Īny one of the following persons may consent, either orally or otherwise, to any surgical or medical treatment or procedure not prohibited by law that is suggested, recommended, prescribed, or directed by a licensed physician: (7) Any unemancipated minor of sufficient intelligence to understand and appreciate the consequences of the proposed surgical or medical treatment or procedures, for himself or herself (14) a local educational agency McKinney-Vento homeless liaison for unaccompanied homeless youth.
INSTANCES FOR JUDICIAL CONSENT PROFESSIONAL
This document is not legal advice and should not be used as a substitute for obtaining professional legal advice.Īny minor who is 14 years of age or older, or has graduated from high school, or is married, or having been married is divorced or is pregnant may give effective consent to any legally authorized medical, dental, health or mental health services for himself or herself, and the consent of no other person shall be necessary.Īny minor may give effective consent for any legally authorized medical, health or mental health services to determine the presence of, or to treat, pregnancy, venereal disease, drug dependency, alcohol toxicity or any reportable disease, and the consent of no other person shall be deemed necessary.Ī minor living apart from his or her parents and who is managing his or her own financial affairs, regardless of the source or extent of income, may give consent for medical or dental services.Īny emancipated minor, any minor who has contracted a lawful marriage or any homeless minor may give consent to the furnishing of hospital, medical and surgical care to such minor, and such consent shall not be subject to disaffirmance because of minority.
Please contact Patricia Julianelle with questions or to share information about other state laws allowing minors to consent for routine health care. It also does not include laws that allow minors who are married, pregnant, or in the military to consent, or states with court cases subscribing to the “mature minor doctrine” (which typically is not applied in practice by most health care providers). This document does not address state laws that empower minors to consent to other kinds of treatment, such as for substance abuse, mental health, sexually transmitted diseases, or reproductive health.
If a state is not listed, we did not find any law allowing minors living on their own to consent for routine health care or diagnosis/treatment of infectious diseases, which means it is unlikely that unaccompanied homeless minors in that state will be able to receive such care or a vaccine without a parent or legal guardian.
INSTANCES FOR JUDICIAL CONSENT FULL
Awareness and full implementation of these laws are particularly critical during the COVID-19 pandemic. It also includes states with laws allowing minors to consent for diagnosis and treatment of infectious, contagious, or reportable diseases, which would include COVID-19 testing. This document includes 34 states, and the District of Columbia, with laws allowing minors who are living on their own, including unaccompanied minors experiencing homelessness, to consent for routine health care, which should include vaccinations unless explicitly exempted.
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