Below are state statutes relating to minor consent for this state; however, there may be additional statutes NVIC is unaware of, and readers may need to do additional research and/or obtain additional legal advice. NVIC doesn't provide legal advice and provides the below for informational purposes only. NVIC provides additional resource information in our FAQ on Vaccination in School-Based Health Clinics, should readers have concerns about the vaccination of their child without parental knowledge or consent this school setting.
Notwithstanding any other provision of the law, any minor sixteen (16) years of age or over, where no parent or guardian is immediately available, may give consent to the performance and furnishing of hospital, medical or surgical treatment or procedures and such consent shall not be subject to disaffirmance because of minority. The consent of a parent or guardian of such a minor shall not be necessary in order to authorize the proposed hospital, medical or surgical treatment or procedures.
K.S.A. §38-135. Definitions; immunization of minor children. As used in this act:
(a) "Health care provider" means a person licensed to practice medicine and surgery by the state board of healing arts, a person who holds a temporary permit to practice medicine and surgery issued by the state board of healing arts, a person engaged in a postgraduate training program in medicine and surgery approved by the state board of healing arts, a medical care facility licensed by the department of health and environment, a health maintenance organization issued a certificate of authority by the commissioner of insurance, a licensed professional nurse, a licensed practical nurse, a licensed physician assistant, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this subsection, a Kansas limited liability company organized for the purpose of rendering professional services by its members who are health care providers as defined by this subsection and who are legally authorized to render the professional services for which the limited liability company is organized, a partnership of persons who are health care providers as defined by this subsection or a Kansas not-for-profit corporation organized for the purpose of rendering professional services by persons who are health care providers as defined by this subsection.
(b) "Parent" means:
(1) A minor's parent by birth or adoption;
(2) a minor's legal guardian; or
(3) any person who under court order is authorized to give consent for a minor.
Statute | Kansas State Legislature (kslegislature.org)
