Prohibits an unemancipated minor from consenting to vaccination without the written consent of a parent or legal guardian

State: AL
Bill Number: HB 165
Position: SUPPORT
Action Required: Contact your Representative & your Senator, ask them to SUPPORT
Status: Amended and passed House Judiciary Committee on 3/20/2024

Legislation Details:

UPDATE: 3/21/2024 - HB 165 was read for the second time and placed on the Calendar.

UPDATE: 3/20/2024 - HB 165 was amended and passed by the House Judiciary Committee on 3/20/2024 by a voice vote. The amendment added further conditions that an unemancipated minor may not give consent to the administration of a vaccination for himself or herself unless the minor is: 

(i) not dependent on a parent or legal guardian for support;

(ii) living apart from his or her parents or another individual acting in loco parentis; and

(iii) managing his or her own affairs.

These changes do not significantly change the impact of the bill; NVIC continues to SUPPORT it.

UPDATE: 3/15/2024 - HB 165 is scheduled for a hearing with the House Judiciary Committee on 3/20/2024 at 1:30 PM in Room 200. The Agenda is HERE.

UPDATE: 3/6/2024 - HB 165 was heard in the House Judiciary Committee on 3/6/2024. House Judiciary Committee Chairman Representative Jim Hill said in the hearing that the voting on bills would not occur for two weeks. Contact House Judiciary Committee Members and ask them to SUPPORT. 

To watch the hearing, go to the Alabama legislative website for "Today's Schedule," HEREScroll to the line: 

Wednesday, March 6, 2024,1:30PM, room 200, Judiciary standing meeting

Click on the "room 200." A VIMEO box appears displaying "HSE Committee RM-200" \/ 1 of 3 HSE Committee Rm-

Click on the \/ option and pick the second option - HSE Committee RM-200. 01:25:12. The hearing testimony Starts at 45:55 and concludes at 01:03:06.

House Judiciary Committee Members

Chair Representative Jim Hill, (334) 261-0494

Vice Chair Representative Tim Wadsworth, (205) 300-4008

Representative Christopher England, (334) 261-0503

Representative Cynthia Almond, (334) 261-0558

Representative Russell Bedsole, (334) 261-0491

Representative Prince Chestnut, (334) 261-0598

Representative David Faulkner, (334) 261-0442

Representative Patrice McClammy, (334) 261-0580

Representative Phillip Pettus,  (334) 261-0591

Representative Ben Robbins, (334) 261-0477

Representative Matt Simpson, (334) 261-0424

Representative David Standridge, (334) 261-0446

Representative Jerry Starnes, (334) 261-0499

Representative Shane Stringer, (334) 261-0594

Representative Ontario Tillman, (334) 261-0529

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UPDATE: 3/5/2024 - HB 165 is scheduled for a hearing in the House Judiciary Committee on 3/6/2024 at 1:30 PM in Room 200. Click HERE to view the hearing agenda.  

HB 165 was introduced in the House and referred to the House Judiciary Committee on 2/14/2024. This bill is sponsored by Representative Chip Brown

HB 165 prohibits an unemancipated minor from consenting to vaccination without the written consent of a parent or legal guardian.

HB 165 amends Code of Alabama §22-8-4, related to when a minor may give consent to health services, to remove the minor's ability to consent to health services from existing code §22-8-4, renumbered §22-8-4(a). Current state law §22-8-4 allows any minor who is 14 years of age or older, has graduated from high school, or is married, or having been married, is divorced, or is pregnant to give effective consent to any legally authorized medical, dental, health or mental health services for himself or herself, and the consent of no other person shall be necessary. This bill removes the word "health" from existing law, prohibiting a minor from giving consent to health services. 

HB 165 also adds a new subsection of code to be numbered §22-8-4(b) that prohibits an unemancipated minor, defined by the state as an individual who is under the age nineteen (19) years, from giving consent to vaccination without the written consent of a parent or legal guardian. 

NVIC SUPPORTS HB 165 because it protects a minor child from being able to consent to taking a pharmaceutical product that carries a risk of injury and even death without parental consent. A minor may not have the ability to fully evaluate the risks and benefits of taking a pharmaceutical product and may not be aware of any contraindications to vaccination in their medical history or their family medical history. Vaccination decisions are best left to the minor's parent or guardian when they are fully-informed of the potential risks associated with vaccination and can give informed consent to the procedure. Additionally, a minor may feel pressure to consent to a vaccination simply because a health care provider recommends it for their benefit. NVIC supports informed consent, including the right to refuse a vaccine without coercion, harassment, or penalty. All vaccines are pharmaceutical products that carry a risk of injury or even death. Parents love their children and want what is best for them and know them better than anybody. Vaccine decisions are best left to parents to make for themselves and for their minor children. 

If HB 165 passes, its provisions become effective 10/1/2024.

https://www.legislature.state.al.us/pdf/SearchableInstruments/2024RS/HB165-int.pdf - text of HB 165

For status and history of HB 165, click HERE and enter "165" in the "Quick Search" field at the top right and click "Search Bills."