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Minors' Consent Laws for HIV and STI Services

Pre-exposure prophylaxis (PrEP) can reduce the risk of HIV infection in people who are at high risk of getting HIV, including minors. A minor is a person who does not have the legal rights and responsibilities of an adult. Minors’ ability to access PrEP independently, i.e., without parental or guardian consent, varies throughout the United States (see Provider Reference Guide for details by state). CDC assessed the statutes/regulations addressing minor’s ability to access STD and/or HIV services without parental/guardian consent, in the 50 states and D.C. CDC findings show that no jurisdiction explicitly prohibits minors’ access to PrEP without parental/guardian consent. Sixteen jurisdictions have statutes/regulations that explicitly allow minors of a particular age to independently access PrEP; the age for access varies by jurisdiction. However, minors might still be legally allowed to access PrEP without parental/guardian consent in some jurisdictions without explicit statutes/regulations.

All jurisdictions have statutes/regulations that explicitly allow minors of a particular age to independently consent to STI diagnosis and treatment; the age for access varies by jurisdiction.

Minors’ capacity to access STI or HIV services without parental/guardian consent, 2017.

Map of states that have statute(s)/regulation(s) that allow minors to access STI and/or HIV services without parental/guardian consent.

Based on explicit language in statutes/regulations, minors of a particular age can access PrEP independently in 16 states: Alabama, Alaska, Arkansas, California, Colorado, Delaware, Idaho, Iowa, Kansas, Louisiana, Mississippi, Montana, North Carolina, Oklahoma, Pennsylvania, and South Carolina. The age for access varies by jurisdiction

Minors’ capacity to access preventive HIV services, such as PrEP, without parental/guardian consent, 2017.

Map of states that have statute(s)/regulation(s) that allow minors to access preventive HIV services, such as PrEP, without parental/guardian consent.

Provider’s Reference Guide for offering STI and HIV services, including PrEP, to minors without parental/guardian consent, 2017.

This reference guide is based on explicit language in statutes/regulations. However, minors might still be legally allowed to independently consent to PrEP in some jurisdictions without explicit statutes/regulations. This reference guide does not constitute legal advice.

Provider Reference Guide for Offering STI and HIV Services, including PrEP, to Minors without Parental/Guardian Consent

Based on Explicit Language in Statute and/or Regulation

Age of Majority Family Planning Services (N=21) STI Diagnosis & Treatment (N=51) STI Prevention (N=19) HIV Testing (N=39) HIV Treatment (N=33) HIV Prevention (N=16) ∆∆Disclosure Permitted (N=23)
Alabama 19 ✔ (14 or older) ✔ (12 or older) ✔ (14 or older) ✔ (12 or older) ✔ (12 or older) ✔ (14 or older) May
Alaska 18 *** *** *** ***
Arizona 18
Arkansas 18 May
California 18 ✔ (12 or older) ✔ (12 or older) ✔ (12 or older) ✔ (12 or older) ✔ (12 or older)
Colorado 18 May (Under 13)
Connecticut 18 Not Permitted*
Delaware 18 ✔ (12 or older) ✔ (12 or older) ✔ (12 or older) ✔ (12 or older) ✔ (12 or older) ✔ (12 or older) May
District of Columbia 18 Not Permitted*
Florida 18 Not Permitted*
Georgia 18 May
Hawaii 18 ✔ (14 or older) ✔ (14 or older) May
Idaho 18 ✔ (14 or older) ✔ (14 or older) ✔ (14 or older) ✔ (14 or older) ✔ (14 or older)
Illinois 18 ✔ (12 or older) ✔ (12 or older) ✔ (12 or older) May
Indiana 18
Iowa 18 Must (If HIV+)
Kansas 18 ✔ (16 or older)*** ✔ (16 or older)*** ✔ (16 or older)*** ✔ (16 or older)*** May
Kentucky 18 May
Louisiana 18 May
Maine 18 May
Maryland 18 May
Massachusetts 18 Not Permitted*
Michigan 18 May
Minnesota 18 May
Mississippi 21 ✔ (18 or older) ✔ (18 or older) ✔ (18 or older) No Obligation
Missouri 18 May
Montana 18 May
Nebraska 19
Nevada 18 Not Permitted*
New Hampshire 18 ✔ (14 or older)
New Jersey 18 ✔ (13 or older) May
New Mexico 18 May
New York 18 Not Permitted*
North Carolina 18 ✔ (If Parents Refuse) May**
North Dakota 18

 

✔ (14 or older) ✔ (14 or older) ✔ (14 or older)
Ohio 18
Oklahoma 18 May
Oregon 18 May
Pennsylvania 21 ✔ (18 or older) ✔ (18 or older) ✔ (18 or older)
Rhode Island 18
South Carolina 18 ✔ (16 or older) ✔ (16 or older) ✔ (16 or older) ✔ (16 or older) ✔ (16 or older) ✔ (16 or older) Not Permitted*
South Dakota 18 Not Permitted*
Tennessee 18 Not Permitted*
Texas 18 May
Utah 18
Vermont 18 ✔ (12 or older) Not Permitted*
Virginia 18 May
Washington 18 ✔ (14 or older) ✔ (14 or older) ✔ (14 or older)
West Virginia 18
Wisconsin 18 ✔ (14 or older)
Wyoming 18

∆ The age at which a person is no longer a minor and is granted legal rights and responsibilities of an adult
∆∆ If provider may disclose without consent from the minor, it is discretionary
✔ Provider may provide service to minor without parental or guardian consent
* Disclosure (notifying parents/guardians) is not permitted without consent from the minor
** Parents/guardians must contact provider in order to obtain records
*** If parents/guardians are not immediately available, cannot be contacted, or unwilling to consent

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