Minors' Consent Laws for HIV and STD Services

• PrEP Locator

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.

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.

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.

∆ 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

The information presented here does not constitute legal advice and does not represent the legal views of the Centers for Disease Control and Prevention or the Department of Health and Human Services, nor is it a comprehensive analysis of all legal provisions relevant to HIV. This information is subject to change and does not contain measures implemented by counties, cities, or other localities. Use of any provision herein should be contemplated only in conjunction with advice from legal counsel.