Update on the vaccination of adolescents against COVID-19: an easing of conditions

While the COVID-19 vaccination has been open to minors aged 12 to 17 since June 15, 2021, the law n ° 2021-1040 of 5 August 2021 relating to the management of the health crisis henceforth imposes, from next September 30, on children aged over 12 years and two months^[1], to have a health pass to access certain places, establishments, services or events.

The extension of the health pass to adolescents necessarily involved relaxing the regulations relating to the administration of the vaccine against COVID-19 concerning them.

In a previous article of June 23, 2021, we examined the conditions to be met for a minor over 12 years of age to be able to receive the vaccine against COVID-19, these having been specified by the Directorate General of health (DGS) in a note published on June 13, 2021 for the attention of health professionals.

As a reminder, this note specified in particular that, prior to the vaccination of a minor over 12 years of age against COVID-19, the practitioner should:

• on the one hand, to ensure the agreement of the two legal representatives of the minor patient by keeping the parental authorization completed and signed,

• and on the other hand, obtain their free and informed consent, which can be obtained orally.

As this uniform regime is particularly restrictive for older adolescents, the legislator has chosen to relax these conditions., in order to speed up the vaccination of this population category.

Thus, since August 7, 2021, the date of entry into force of the law of August 5, 2021 relating to the management of the health crisis :

• A minor over 16 years of age can decide on his own to be vaccinated against COVID-19, without parental authorization.

This possibility given to the minor to be " autonomous In its decision-making constitutes a derogation from article 371-1 of the Civil Code relating to parental authority. In fact, according to this provision, only parents have decision-making power as to the medical acts performed on their minor child, for which they must systematically seek consent.

• A minor aged 12 to 15 can now be vaccinated alone against COVID-19 provided that at least one of his two parents or of his legal guardians has consented to it by completing an authorization which will be kept by the practitioner .

If the minor goes alone for the vaccination, he must imperatively present a parental authorization completed and signed by at least one of his parents or its legal representatives.

In addition, and regardless of the age of the minor, the latter must present on the day of the vaccination the vital card of one of his parents or a legal certificate with the social security number of one of his parents.

The agreement of both parents is therefore no longer a condition sine qua non to administer the COVID-19 vaccine to a minor patient.

This advance, provided for in article 1^er full Law of 5 August 2021 relating to the management of the health crisis, should thus facilitate the vaccination of minors whose parents disagree on the subject.

On the other hand, as we emphasized in our previous article, the practitioner must always, during a pre-vaccination interview, give the minor patient “ clear and age-appropriate information on the uncertainties associated with the disease, on the vaccine itself and on its effectiveness in the medium and long term, as well as on additional means of preventing the disease (in particular the imperative compliance with the barrier gestures) »And obtain oral consent before proceeding with the injection.

We will have to wait a few more weeks to find out whether this new regulation, aimed at relaxing the conditions for administering the COVID-19 vaccine to minors, has fulfilled its underlying objective: to speed up the process of vaccination of adolescents aged 12 to 17. years.

[1] In order to take into account the incompressible period of 21 days between the two injections and the period of 7 days between the second injection and the validation of the health pass.