Parental Consent via Telephone in California

[Alicia Claire]

In my experience any informed consent obtained over the telephone requires 2 medical professionals witnessing.

I am in California at an appointment only clinic doing vaccinations 

For 16 and 17 year old patients , what is the law for obtaining parental consent via telephone for a vaccination? Any information and links would be greatly appreciated!!

[Hannahbanana, BSN, MSN]

The place to ask is in your facility policy and procedures book or their risk management department. Don’t rely on anything else for this important information. 

[Alicia Claire]

4 minutes ago, Hannahbanana said:

The place to ask is in your facility policy and procedures book or their risk management department. Don’t rely on anything else for this important information. 

Unfortunately this is not available as there is no policy handbook. It is a mass immunization site . The lead is telling me today that  someone is calling to get consent before they are coming to the vaccinators .  when the patient arrived to us for vaccination it was seen written that telephone consent was obtained with only one signature noted 

so when I asked about it today , being that I have only known it to be legal with two witnesses , I was answered with confusion and no actual answer 

[Hannahbanana, BSN, MSN]

Then that’s the policy for the mass vax site and it should be in writing somewhere. That’s your answer. 

[Alicia Claire]

I guess I’m being over cautious. I just feel a little uneasy with not hearing verbal consent before injecting a vaccine into a child’s body . 
Maybe I just needed some extra validation that this is legal LOL 

 

[CABGpatch_RN, BSN]

Found this:

"For parents and teens booking appointments, it's important to know that teens under the age of 18 need parental or guardian consent to get inoculated in California. When a 16- or 17-year-old gets a jab, a parent or guardian must be present."

https://www.sfgate.com/bayarea/article/Teenagers-vaccines-California-16-17-Pfizer-16097123.php

This is really odd because in the state of CA minors as young as 12 years old and who are receiving mental health treatment can choose to invoke HIPAA against their parents.....even if they are being held on a 5150.

Many states do not require parental consent for the covid vaccine for minors as young as 11 yrs old (DC), other states 14, 16, 17 yrs old.

I did read that it is not necessary for any patient or parent to sign a consent in CA, however they must be provided with informational paperwork (sorry can't find that link now).

Not sure if that helps.  It seems like an easy question, but info is hard to find.

[CABGpatch_RN, BSN]

15 minutes ago, CABGpatch_RN said:

 

 

[CABGpatch_RN, BSN]

Here is more official info:

Quote

 

Do the providers need parental consent before administering  COVID-19 vaccine to a minor?    

Yes. Vaccine providers must obtain consent from a parent, legal guardian, or other adult having legal custody before vaccinating a minor. But there are some exceptions:  

Emancipated minors do not need the consent of a parent or guardian to receive COVID-19 vaccine.

Providers may accept written consent from a parent or legal guardian of an unaccompanied minor. 

If a provider has a written authorization for general medical care of a minor on file, a separate consent from a parent or guardian is not required. However, the provider may still request it.

 

https://covid19.ca.gov/vaccines/ 

Is consent for the vax the same as informed consent (where telephone consent does require 2 hcp signing).  I don't think it is.  It's more like permission or implied consent, but I am no expert in this area.

[CABGpatch_RN, BSN]

The more I think about it, I think you're good, Alicia.  Please note that I am also a vaccinator in CA.

Getting informed consent for the millions upon millions of vaccines that are being given right now would require a HUGE burden on doctors who would be forced to meet the requirements that informed consent call for.  These informed consents would need to be signed (or double witnessed if by phone) by patient and doc and would need to be confirmed by the nurse vaccinator.  

The only think I can think of here is that minors need to be accompanied by a parent or legal guardian.  I did not know that!  Every minor I have vaccinated though has not been alone, but I have never verified the identity of the adult except by saying come on in mom, or come on in dad.  LOL.

The person who checked in the minor and who wrote on the card that she called absolutely did the right thing.  It's good we have screeners and checker-inners so we can poke.

Vaccinate On Sister!

[Alicia Claire]

Thanks . Everyone who is vaccinated is required to sign a consent form prior to vaccination . that is the form I am referring to

[MunoRN, RN]

The age of consent for general medical services in California is 15.

[CABGpatch_RN, BSN]

4 hours ago, Alicia Claire said:

Thanks . Everyone who is vaccinated is required to sign a consent form prior to vaccination . that is the form I am referring to

Right, and what I have learned is that in lieu of signing that consent (which is almost always done during the process of making the appt for vaccine anyway), vaccine info in written form suffices.  I wish I could find that link now....it is eluding me.