Published online January 3, 2008
PEDIATRICS Vol. 121 Supplement January 2008, pp. S85-S87 (doi:10.1542/peds.2007-1115J)
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SUPPLEMENT ARTICLE


Legal Basis of Consent for Health Care and Vaccination for Adolescents

Abigail English, JDa, Frederic E. Shaw, MD, JDb, Mary M. McCauley, MSTCc, Daniel B. Fishbein, MDc for the Working Group on Legislation, Vaccination, and Adolescent Health

a Center for Adolescent Health & the Law, Chapel Hill, North Carolina
b Public Health Law Program, Centers for Disease Control and Prevention, Atlanta, Georgia
c National Center for Immunization and Respiratory Diseases, Centers for Disease Control and Prevention, Atlanta, Georgia

State law is generally the controlling authority for whether parental consent is required or minors may consent for their own health care, including vaccination. At the federal level, no vaccination consent law exists; however, federal law requires that vaccine information statements be given to the parent or another person who is qualified under state law to consent to vaccination of a minor. All states allow minors to consent for their own health care in some circumstances on the basis of either (1) their status (eg, age, emancipation, marriage) or (2) the kind of health care services they are seeking (eg, family planning services, treatment of sexually transmitted disease). In each state, a specific analysis of laws will be required to determine the circumstances under which a minor can consent for vaccination.

Key Words: consent laws • minors • adolescents • vaccination

Abbreviations: NCVIA—National Childhood Vaccine Injury Act of 1986 • VIS—vaccine information statement • CDC—Centers for Disease Control and Prevention • STD—sexually transmitted disease

Accepted Aug 22, 2007.