26B-4-321. Immunizations -- Consent of minor to treatment.

446 words·~2 min read·/ut/title-26b/chapter-4/26b-4-321

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/3/2023

(1)This section:

(a)is not intended to interfere with the integrity of the family or to minimize the rights of parents or children; and

(b)applies to a minor, who at the time care is sought is:

(i)married or has been married;

(ii)emancipated as provided for in Section 80-7-105 ;

(iii)a parent with custody of a minor child; or

(iv)pregnant.

(a)A minor described in Subsections (1)(b)(i) and

(ii)may consent to:

(i)vaccinations against epidemic infections and communicable diseases as defined in Section 26B-7-201 ; and

(ii)examinations and vaccinations required to attend school as provided in Title 53G, Public Education System -- Local Administration .

(b)A minor described in Subsections (1)(b)(iii) and

(iv)may consent to the vaccinations described in Subsections (2)(a)(i) and

(ii), and the vaccine for human papillomavirus only if:

(i)the minor represents to the health care provider that the minor is an abandoned minor as defined in Section 76-5-109.3 ; and

(ii)the health care provider makes a notation in the minor's chart that the minor represented to the health care provider that the minor is an abandoned minor under Section 76-5-109.3 .

(c)Nothing in Subsection (2)(a) or

(b)requires a health care provider to immunize a minor.

(3)The consent of the minor pursuant to this section:

(a)is not subject to later disaffirmance because of the minority of the person receiving the medical services;

(b)is not voidable because of minority at the time the medical services were provided;

(c)has the same legal effect upon the minor and the same legal obligations with regard to the giving of consent as consent given by a person of full age and capacity; and

(d)does not require the consent of any other person or persons to authorize the medical services described in Subsections (2)(a) and

(b).

(4)A health care provider who provides medical services to a minor in accordance with the provisions of this section is not subject to civil or criminal liability for providing the services described in Subsections (2)(a) and

(b)without obtaining the consent of another person prior to rendering the medical services.

(5)This section does not remove the requirement for parental consent or notice when required by Section 76-7-304 or 76-7-304.5 .

(6)The parents, parent, or legal guardian of a minor who receives medical services pursuant to Subsections (2)(a) and

(b)are not liable for the payment for those services unless the parents, parent, or legal guardian consented to the medical services.

Renumbered and Amended by Chapter 307 , 2023 General Session