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.
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January 2008
Supplement Articles|
January 01 2008
Legal Basis of Consent for Health Care and Vaccination for Adolescents
Abigail English, JD;
Abigail English, JD
aCenter for Adolescent Health & the Law, Chapel Hill, North Carolina
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Frederic E. Shaw, MD, JD;
Frederic E. Shaw, MD, JD
bPublic Health Law Program, Centers for Disease Control and Prevention, Atlanta, Georgia
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Mary M. McCauley, MSTC;
Mary M. McCauley, MSTC
cNational Center for Immunization and Respiratory Diseases, Centers for Disease Control and Prevention, Atlanta, Georgia
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Daniel B. Fishbein, MD;
Daniel B. Fishbein, MD
cNational Center for Immunization and Respiratory Diseases, Centers for Disease Control and Prevention, Atlanta, Georgia
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for the Working Group on Legislation, Vaccination, and Adolescent Health
for the Working Group on Legislation, Vaccination, and Adolescent Health
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Address correspondence to Mary M. McCauley, MSTC, National Center for Immunization and Respiratory Diseases, Centers for Disease Control and Prevention, 1600 Clifton Rd, NE Mail Stop E-05, Atlanta, GA 30333. E-mail: mmccauley@cdc.gov
Pediatrics (2008) 121 (Supplement_1): S85–S87.
Article history
Accepted:
August 22 2007
Citation
Abigail English, Frederic E. Shaw, Mary M. McCauley, Daniel B. Fishbein, for the Working Group on Legislation, Vaccination, and Adolescent Health; Legal Basis of Consent for Health Care and Vaccination for Adolescents. Pediatrics January 2008; 121 (Supplement_1): S85–S87. 10.1542/peds.2007-1115J
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