House Bill 26-035

This act authorizes healthcare providers to administer medically necessary emergency treatment to minors without parental or guardian consent when the child has an emergency medical condition and delaying treatment would significantly increase the risk of death or serious bodily harm. Authorized treatment includes post-exposure prophylaxis for rabies or other life-threatening communicable diseases, emergency vaccinations necessary to prevent imminent harm, and other interventions medically necessary under prevailing standards of care. Providers must make reasonable documented efforts to notify a parent or guardian when feasible, but lack of parental consent cannot delay necessary treatment.

This act protects healthcare providers from civil and criminal liability when they act in good faith and without willful or wanton misconduct under the emergency-treatment provisions. The state may seek an expedited court order confirming the necessity of treatment, but a court order is not required when immediate intervention is necessary. The emergency override does not apply to 17-year-old minors who expressly object to the treatment or vaccination, regardless of parental consent or medical necessity. Parental refusal of emergency treatment may constitute medical neglect when a medical professional certifies that the refusal creates an immediate, life-threatening danger, and child protective services may take temporary protective custody when necessary to secure life-saving care.

This act also regulates vaccination requirements for children attending schools and licensed childcare facilities. Children must receive immunizations required by the Department of Public Health unless an applicable exemption is provided. The act permits religious, personal-belief, philosophical, and conscientious exemptions upon submission of a signed statement by a parent or guardian, while medical exemptions must be issued by a physician who treated the child within the preceding 12 months, identify the medical condition supporting the exemption, and conform to recognized medical guidelines. The Department is prohibited from auditing, reviewing, or revoking medical exemptions issued by independent licensed physicians, although children with medical exemptions may be temporarily excluded from school or childcare during a communicable-disease outbreak.

This act directs the Department of Public Health to adopt rules establishing standards for medical exemptions and procedures for emergency medical intervention. It also contains a severability provision preserving unaffected portions of the law if another provision is invalidated. The act contains a safety clause declaring it necessary for the immediate preservation of public peace, health, and safety and was approved and took effect on May 29, 2026.