In which situations can a minor give consent for himself or herself for medical treatment

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

 Any minor 16 years of age or over, where no parent or guardian is immediately available, may give consent to hospital, medical or surgical treatment or procedures.

N/A

LOUISIANA

Louisiana Rev. Stat. §40:1079.1 

Consent to the provision of medical or surgical care or services by a hospital or public clinic, or to the performance of medical or surgical care or services by a physician, licensed to practice medicine in this state, when executed by a minor who is or believes himself to be afflicted with an illness or disease, shall be valid and binding as if the minor had achieved his majority. Any such consent shall not be subject to a later disaffirmance by reason of his minority.

N/A

MAINE

Me. Rev. Stat. §22:1503

A minor may give consent to all medical, mental, dental and other health counseling and services if the minor is living separately from parents or legal guardians and is independent of parental support. The minor may prove that status with documentation including, but not limited to a written statement from a nonprofit homeless services agency, local educational agency McKinney-Vento homeless liaison, or attorney.

N/A

MARYLAND

Md. Code §20-102

A minor has the same capacity as an adult to consent to medical or dental treatment if the minor is living separate and apart from the minor’s parent, parents, or guardian, whether with or without consent of the minor’s parent, parents, or guardian and is self–supporting, regardless of the source of the minor’s income.

N/A

MASSACHUSETTS

Mass. Gen. Laws §112:12F 

Any minor may give consent to his medical or dental care at the time such care is sought if he is living separate and apart from his parent or legal guardian and is managing his own financial affairs

Mass. Gen. Laws §112:12F 

Any minor may give consent to his medical or dental care at the time such care is sought if he reasonably believes himself to be suffering from or to have come in contact with any disease defined as dangerous to the public health pursuant to section six of chapter one hundred and eleven; provided, however, that such minor may only consent to care which relates to the diagnosis or treatment of such disease.

MINNESOTA

Minn. Stat. § 144.341

Any minor who is living separate and apart from parents or legal guardian, whether with or without the consent of a parent or guardian and regardless of the duration of such separate residence, and who is managing personal financial affairs, regardless of the source or extent of the minor’s income, may give effective consent to personal medical, dental, mental and other health services.

N/A

MISSOURI

Rev. Stat. Mo. §431.056

A minor shall be qualified and competent to obtain medical care if the minor is 16 or 17 years of age, homeless or a victim of domestic violence, and self-supporting. The minor must be able to show that the minor’s parent or legal guardian has expressly or implicitly consented to the minor living independent of the parents’ or guardians’ control. To show this consent, the minor may provide a letter from a governmental or nonprofit homeless service agency, local educational agency McKinney-Vento homeless liaison, school social worker or counselor, or an attorney, among other forms of proof.

N/A

MONTANA

Mont. Code §41-1-402

A minor who professes to be or is found to be separated from the minor’s parent, parents, or legal guardian for whatever reason and is providing self-support by whatever means may consent to the provision of health services and to control access to protected health care information.

Mont. Code §41-1-402

(2) The consent to the provision of health services and to control access to protected health care information by a health care facility or to the performance of health services by a health professional may be given by a minor who professes or is found to meet any of the following descriptions:

(c) a minor who professes or is found to be pregnant or afflicted with any reportable communicable  disease, including a sexually transmitted disease, or drug and substance abuse, including alcohol. This self-consent applies only to the prevention, diagnosis, and treatment of those conditions specified in this subsection.

NEVADA

Nev. Rev. Stat. §129.030 (Amendments recently passed, AB 197 (2021))

A minor may consent for medical treatment if the minor understands the nature and purpose of the proposed examination or treatment and its probable outcome, and voluntarily requests it. The minor must be living apart from his parents or legal guardian, with or without the consent of the parent, parents or legal guardian, for at least 4 months.

N/A

NEW MEXICO

N.M. Stat. §24-7A-6.2

An unemancipated minor 14 years of age or older who has capacity to consent may give consent for medically necessary health care if the minor is living apart from the minor’s parents or legal guardian, or a parent.

N/A

NORTH CAROLINA

N.C.G.S.A. §90-21.5  

(Ratified 8/9/21, Effective 10/1/21)

(a) Subject to subsection (a1) of this section, any minor may give effective consent to a physician licensed to practice medicine in North Carolina for medical health services for the prevention, diagnosis and treatment of (i) venereal disease and other diseases reportable under G.S. 130A–135, (ii) pregnancy, (iii) abuse of controlled substances or alcohol, and (iv) emotional disturbance.  Notwithstanding any other provision of law to the contrary, a health care provider shall obtain written consent from a parent or legal guardian prior to administering any vaccine that has been granted emergency use authorization and is not yet fully approved by the United States Food and Drug Administration to an individual under 18 years of age.

NORTH DAKOTA

SB 2265 (2021)

An unaccompanied homeless minor 14 years of age or older may consent to, contract for, and receive medical, dental, or behavioral health examinations, care, or treatment without permission, authority, or consent of a parent or guardian. Acceptable documentation demonstrating an individual is an unaccompanied homeless minor includes a statement documenting such status signed by:

A director or designee of a governmental or nonprofit entity that receives public or private funding to provide services to individuals who are homeless;

A local educational agency McKinney-Vento homeless liaison, foster care point of contact, school social worker or counselor;

An attorney representing the youth; or

The youth and two adults with knowledge of the youth’s actual circumstances.

N/A

OKLAHOMA

Okl. Stat. §63-2602

Any minor who is separated from his parents or legal guardian for whatever reason and is not supported by his parents or guardian may consent to have services provided by health professionals.

Okl. Stat. §63-2602

A. Notwithstanding any other provision of law, the following minors may consent to have services provided by health professionals in the following cases:

3. Any minor who is or has been pregnant, afflicted with any reportable communicable disease, drug and substance abuse or abusive use of alcohol; provided, however, that such self-consent only applies to the prevention, diagnosis and treatment of those conditions specified in this section.

OREGON

Or. Rev. Stat. §109.640

A minor 15 years of age or older may give consent to hospital care, medical or surgical diagnosis or treatment by a physician, dentist, physician assistant, or nurse practitioner without the consent of a parent or guardian of the minor.

Or. Ad. Code 333-003-5000 (05/27/21 – 11/22/21)

(1) A healthcare provider administering COVID-19 vaccinations may not require parental or guardian consent for a minor age 15-17 who is exercising their right to consent to treatment under ORS 109.640.

(2) A COVID-19 vaccine administration site may not require a healthcare provider to require parental or guardian consent for a minor age 15-17 who is exercising their right to consent to treatment under ORS 109.640.

PENNSYLVANIA

Penn. Stat. §35-10104

Medical, dental and health services may be rendered to minors of any age without the consent of a parent or legal guardian when, in the physician’s judgment, an attempt to secure consent would result in delay of treatment which would increase the risk to the minor’s life or health.

Pa. Code §27.97

A person under 21 years of age may give consent for medical and other health services to determine the presence of or to treat a sexually transmitted disease and any other reportable disease, infection or condition. If the minor consents to undergo diagnosis or treatment, approval or consent of another person is not necessary.

RHODE ISLAND

R.I. Gen. Laws §23-4.6-1

Any person age of 16 or over or married may consent to routine emergency medical or surgical care. 

R.I. Gen Laws §23-8-1.1

Persons under eighteen (18) years of age may give legal consent for testing, examination, and/or treatment for any reportable communicable disease.

SOUTH CAROLINA

S.C. Code §63-5-350

Health services of any kind may be rendered to minors of any age without the consent of a parent or legal guardian when, in the judgment of a person authorized by law to render a particular health service, such services are deemed necessary unless such involves an operation which shall be performed only if such is essential to the health or life of such child in the opinion of the performing physician and a consultant physician if one is available.

N/A

TEXAS

Tex. Fam. Code §32.003 

A child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or dentist if the child is 16 years of age or older and resides separate and apart from the child’s parents, managing conservator, or guardian, with or without the consent of the parents, managing conservator, or guardian and regardless of the duration of the residence, and is managing the child’s own financial affairs, regardless of the source of the income.

Tex. Fam. Code §32.003 

(a) A child may consent to medical, dental, psychological, and surgical treatment for the child by a licensed physician or dentist if the child:

(3) consents to the diagnosis and treatment of an infectious, contagious, or communicable disease that is required by law or a rule to be reported by the licensed physician or dentist to a local health officer or the Texas Department of Health, including all diseases within the scope of Section 81.041, Health and Safety Code.

UTAH

Utah Code §78B-3-406(6)(k)

An unaccompanied homeless minor who is 15 years of age or older may consent to any health care not prohibited by law.

VIRGINIA

Virginia Code §54.1-2969

E. A minor shall be deemed an adult for the purpose of consenting to:

2. Medical or health services required in case of birth control, pregnancy or family planning except for the purposes of sexual sterilization;

3. Medical or health services needed in the case of outpatient care, treatment or rehabilitation for substance abuse as defined in § 37.2-100; or

4. Medical or health services needed in the case of outpatient care, treatment or rehabilitation for mental illness or emotional disturbance.

Virginia Code §54.1-2969

E. A minor shall be deemed an adult for the purpose of consenting to:

1. Medical or health services needed to determine the presence of or to treat venereal disease or any infectious or contagious disease that the State Board of Health requires to be reported.

WASHINGTON

Rev. Code Wa. §7.70.065

Informed consent for health care for a minor may be obtained from a school nurse, school counselor, or homeless student liaison when:

(A) Consent is necessary for nonemergency, outpatient, primary care services, including physical examinations, vision examinations and eyeglasses, dental examinations, hearing examinations and hearing aids, immunizations, treatments for illnesses and conditions, and routine follow-up care customarily provided by a health care provider in an outpatient setting, excluding elective surgeries;

(B) The minor meets the definition of a “homeless child or youth”; and

(C) The minor is not under the supervision or control of a parent, custodian, or legal guardian, and is not in the care and custody of the department of social and health services.

N/A

WYOMING

Wyo. Stat. §14-1-101

A minor may consent to health care treatment to the same extent as if he were an adult when the minor is living apart from his parents or guardian and is managing his own affairs regardless of his source of income.

N/A