This document includes 35 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.
This document includes 35 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. 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. Awareness and full implementation of these laws are particularly critical during the COVID-19 pandemic.
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.
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. We recognize that multiple states have enacted, or are considering, reproductive health legislation that might impact minors and will update the document to reflect those changes where appropriate. The document also does not include all laws specific to 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). Please contact Rodd Monts with questions or to share information about other state laws allowing minors to consent for routine health care.
SchoolHouse Connection, June 2023. This document is not legal advice and should not be used as a substitute for obtaining professional legal advice.
| STATE | ROUTINE HEALTH MEDICAL CARE | INFECTIOUS DISEASE |
|---|---|---|
| ALABAMA | Ala. Code §§22-8-4; 22-8-7 Any 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. | Ala. Code § 22-8-6 Any 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. |
| ALASKA | Alaska Stat. §25.20.025 A 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. | N/A |
| ARIZONA | Ariz. Rev. Stat. §44-132 Any 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. The consent of the parent, or parents, of such a person is not necessary in order to authorize hospital, medical and surgical care. | N/A |
| ARKANSAS | Ark. Code §20-9-602(7) Any 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. | N/A |
| CALIFORNIA | Cal. Fam. Code §6922 (a) A minor may consent to the minor’s medical care or dental care if all of the following conditions are satisfied: (1) The minor is 15 years of age or older. (2) The minor is living separate and apart from the minor’s parents or guardian, whether with or without the consent of a parent or guardian and regardless of the duration of the separate residence. (3) The minor is managing the minor’s own financial affairs, regardless of the source of the minor’s income. | Cal. Fam. Code §6926 a) A minor who is 12 years of age or older and who may have come into contact with an infectious, contagious, or communicable disease may consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by law or regulation adopted pursuant to law to be reported to the local health officer, or is a related sexually transmitted disease, as may be determined by the State Public Health Officer. |
| COLORADO | Colo. Rev. Stat. §13-22-103 A minor 14 years of age or older who is living separate and apart from his or her parent, parents, or legal guardian, with or without the consent of his or her parent, parents, or legal guardian, and is managing his or her own financial affairs, regardless of the source of his or her income may give consent to the furnishing of hospital, medical, dental, emergency health, and surgical care to himself or herself. | N/A |
| DELAWARE | Del. Code §707 Consent to the performance upon or for any minor by any licensed medical, surgical, dental, psychological or osteopathic practitioner or any nurse practitioner/clinical nurse specialist or any hospital or public clinic or their agents or employees of any lawful medical treatment, and to the furnishing of hospitalization and other reasonably necessary care in connection therewith, may be given by: (5) A minor or by any person professing to be serving as temporary custodian of such minor at the request of a parent or guardian of such minor for the examination and treatment of (i) any laceration, fracture or other traumatic injury suffered by such minor, or (ii) any symptom, disease or pathology which may, in the judgment of the attending personnel preparing such treatment, if untreated, reasonably be expected to threaten the health or life of such minor; provided, however, that the consent given shall be effective only after reasonable efforts shall have been made to obtain the consent of the parent or guardian of said minor. | Del. Code §710 A minor 12 years of age or over who professes to be either pregnant or afflicted with contagious, infectious or communicable diseases within the meaning of Chapters 5 and 7 of Title 16, or who professes to be exposed to the chance of becoming pregnant, may give written consent, except to abortion, to any licensed physician, hospital or public clinic for any diagnostic, preventive, lawful therapeutic procedures, medical or surgical care and treatment, including X rays, by any physician licensed for the practice of medicine or surgery or osteopathic medicine or surgery in this State and by any hospital or public clinic, their qualified employees or agents while acting within the scope of their employment. |
| DISTRICT OF COLUMBIA | Law L23-0193 (effective Mar. 16, 2021) A minor age 11 or older may consent to receive a vaccine where the vaccination is recommended by the United States Advisory Committee on Immunization Practices. The law also establishes that if a minor is able to comprehend the need for, the nature of, and any significant risks inherent in the medical care then informed consent is established. | N/A |
| FLORIDA | Fla. Stat. §743.067 Unaccompanied homeless youth 16 and older can consent for their or their children’s medical, dental, psychological, substance abuse and surgical diagnosis and treatment. Unaccompanied homeless status can be documented by a local educational agency McKinney-Vento homeless liaison, shelter, social worker, or court. | N/A |
| HAWAII | Hawaii Rev. Stat. §§577D-2, 577D-1 A licensed health care practitioner may provide primary medical care and services to a minor who consents to the primary medical care and services if the physician reasonably believes that: (1) The minor understands the significant benefits and risks of the proposed primary medical care and services and can communicate an informed consent; (2) The primary medical care and services are for the minor’s benefit; and (3) The minor is at least 14 years of age and not under the care, supervision, or control of a parent, custodian, or legal guardian. | N/A |
| IDAHO | Idaho Code §39-4503 Any person who comprehends the need for, the nature of and the significant risks ordinarily inherent in any contemplated hospital, medical, dental, surgical or other health care, treatment or procedure is competent to consent thereto on his or her own behalf. | Idaho Code §39-3801 Notwithstanding any other provision of law, a minor fourteen (14) years of age or older who may have come into contact with any infectious, contagious, or communicable disease may give consent to the furnishing of hospital, medical and surgical care related to the diagnosis or treatment of such disease, if the disease or condition is one which is required by law, or regulation adopted pursuant to law, to be reported to the local health officer. Such consent shall not be subject to disaffirmance because of minority. The consent of the parent, parents, or legal guardian of such minor shall not be necessary to authorize hospital, medical and surgical care related to such disease and such parent, parents, or legal guardian shall not be liable for payment for any care rendered pursuant to this section. |
| ILLINOIS | Ill. Stat. §410.210/1.5 Minors can consent for primary care services if: (1) the health care professional reasonably believes the minor understands the benefits and risks of services; and (2) the minor is identified in writing as a “minor seeking care” by an adult relative, homeless service agency, attorney, local educational agency McKinney-Vento homeless liaison or social worker, youth-serving social service agency, or religious organization. “Minor seeking care” must be at least 14 years old, living separate and apart from his or her parents or legal guardian, whether with or without the consent of a parent or legal guardian, who is unable or unwilling to return to the residence of a parent, and managing his or her own personal affairs. | N/A |
| INDIANA | Ind. Code §16-36-1-3 A minor may consent to the minor’s own health care if the minor is: (i) At least 14 years of age; (ii) Not dependent on a parent for support; (iii) Living apart from the minor’s parents or from an individual in loco parentis; and (iv) Managing the minor’s own affairs. | N/A |
| KANSAS | Kan. Stat. §38-123b |