National Vaccine Information Center

Minor Consent Vaccine Laws

Published: January 17, 2024

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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.

OR Rev Stat 
Title 11. Domestic Relations

109.640 Right to medical or dental treatment without parental consent

(1) A physician, physician assistant licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees), nurse practitioner licensed under ORS 678.375 (Nurse practitioners) to 678.390 (Authority of nurse practitioner and clinical nurse specialist to write prescriptions or dispense drugs) or naturopathic physician licensed under ORS chapter 685 may provide birth control information and services to any person without regard to the age of the person.

(2) A minor 15 years of age or older may give consent, without the consent of a parent or guardian of the minor, to:

(a) Hospital care, medical or surgical diagnosis or treatment by a physician licensed by the Oregon Medical Board or a naturopathic physician licensed under ORS chapter 685, and dental or surgical diagnosis or treatment by a dentist licensed by the Oregon Board of Dentistry, except as provided by ORS 109.660 (Construction).

(b) Diagnosis or treatment by a physician assistant who is licensed under ORS 677.505 (Application of provisions governing physician assistants to other health professions) to 677.525 (Fees) and who is acting pursuant to a collaboration agreement as defined in ORS 677.495 (Definitions for ORS 677.495 to 677.535).

(c) Diagnosis and treatment by a nurse practitioner who is licensed by the Oregon State Board of Nursing under ORS 678.375 (Nurse practitioners) and who is acting within the scope of practice for a nurse practitioner.

(d) Except when the minor is obtaining contact lenses for the first time, diagnosis and treatment by an optometrist who is licensed by the Oregon Board of Optometry under ORS 683.010 (Definitions for ORS 683.010 to 683.310) to 683.340 (Duty to report prohibited conduct) and who is acting within the scope of practice for an optometrist.

Oregon Administrative Rule
Oregon Health Authority
Public Health Division – Chapter 333
Division 3
Public Health Preparedness
 
OAR 333-003-5000
COVID-19 Related Requirements: Consent to Vaccination

(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 (Right to medical or dental treatment without parental consent).

(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 (Right to medical or dental treatment without parental consent).

(3) For the purposes of this rule:

(a) “Healthcare provider” means any health practitioner described in ORS 109.640 (Right to medical or dental treatment without parental consent) who is authorized to order COVID-19 vaccinations, or any individual administering a COVID-19 vaccine who is acting under the authority of a practitioner described in ORS 109.640 (Right to medical or dental treatment without parental consent) or at the direction of a practitioner described in ORS 109.640 (Right to medical or dental treatment without parental consent).

(b) “COVID-19 vaccine administration site” means any location where COVID-19 vaccines are administered.

(4) The Authority may impose civil penalties up to $500 per day per violation on person or governmental entity operating a COVID-19 vaccine administration site or a healthcare provider for violating this rule.

(5) Each instance of a minor, age 15-17 who is exercising their right to consent to treatment under ORS 109.640 (Right to medical or dental treatment without parental consent) who is denied a COVID-19 vaccine or for whom consent from a parent or guardian was required is a separate violation of this rule.

(6) Any civil penalties imposed by the Authority shall be imposed in accordance with ORS chapter 183.745 (Civil penalty procedures).
 

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