Pursuant to a law that was effective July 1, 2024, a person cannot provide a minor the medical interventions set out in Tenn. Code Ann. § 63-1-176(b) without obtaining parental consent, unless an exception applies. One of the exceptions is if a parent of the minor has given “blanket consent” authorizing the medical intervention.

Recently, the Tennessee Attorney General was asked to issue a formal opinion¹ as to whether a “blanket consent” form signed by a parent that specifically references only the treatment of physical ailments, § 63-1-176(b)(1), and the administration of drugs or medications, § 63-1-176(b)(2), remove the parental consent requirement for all activities listed in § 63-1-176(b)? The opinion was “likely not”.

The AG opined that the “blanket consent” likely only applies to the specific subsection(s) of the statute provided on the consent form. The result of the Opinion is that medical practices need to review their consent to treatment of minor forms. Medical practices utilizing a blanket consent for treatment form for a parent to sign for a minor’s treatment should include consent for all of the activities listed in 176(b) that apply to the services the practice’s health care providers will apply:

“176(b) List”:

1. Treat, profess to diagnose, operate on, or prescribe for any physical ailment, physical injury, or deformity;
2. Prescribe, dispense, deliver, or administer any drug or medication; 
3. Render psychological services specified in §§ 63-11-202 and 63-11-203; or 
4. Render counseling services specified in § 63-22-122.

For example, a blanket form that provides for parental consent for the physician to prescribe any medication for the minor patient would not be blanket consent for the physician to diagnose a medical condition. Therefore, the practice would need to update its blanket consent form to include parental consent for both (1) treat, profess to diagnose, operate on, or prescribe for any physical ailment, physical injury, or deformity; and (2) prescribe, dispense, deliver, or administer any drug or medication.

Blanket parental consent forms cannot be used for vaccines given to minors because vaccines require informed consent.

Bottom line, your practice needs to be sure to include all of the services on the 176(b) list that the physician might/will perform for the minor patient in order to have a valid blanket parental consent form and do not use blanket consent forms for vaccines given for unemancipated minor patients. If TMA members have questions about the application of the AG Opinion, review TMA’s online Law Guide topic on Minors and Vaccine Consent or contact Legal@tnmed.org.

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¹Opinion No. 25-005. Interpretation of Tennessee Code Annotated § 63-1-176’s “Blanket Consent” Provision. Filed February 21, 2025.