870

LAWS OF MARYLAND

Ch. 21

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that there is a question as to the
constitutionality of subsections (b) and (c)(2)
of this section since the possibility exists that
an individual may be held indefinitely.

The Commission also notes that it was unclear
whether the prohibitions now revised in
subsection (c) of this section were meant to
apply to individuals who enter the health
facility voluntarily. In subsection (c) of this
section, as revised, the prohibitions apply only
to an individual ordered to a health facility
under this section.

Defined terms: "County" § 1-101

"Health officer" § 1-101 "Physician" § 1-101

"Secretary" § 1-101

GENERAL REVISOR'S NOTE:

Former Article 43, § 96, which transferred tuberculosis
treatment facilities to this State and provided for their
control and supervision, is deleted as obsolete. The
transfer of the facilities to this State was accomplished.
However, the facilities no longer are used only as
tuberculosis treatment facilities. To close the last
tuberculosis treatment facility, patients were transferred
to health facilities that, in addition to their other
services, were able to provide treatment for tuberculosis.

SUBTITLE 4. MISCELLANEOUS PROVISIONS.

18-401. DRUGS AND VACCINES.

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, A
PERSON LAWFULLY ADMINISTERING A DRUG OR VACCINE IS NOT
LIABLE FOR ANY ADVERSE EFFECT THAT ARISES FROM THE USE OF
THE DRUG OR VACCINE IF THE DRUG OR VACCINE:

(1)  IS ADMINISTERED TO IMMUNIZE AN INDIVIDUAL
AGAINST A DISEASE; OR

(2)  IS APPROVED BY THE UNITED STATES FOOD AND
DRUG ADMINISTRATION FOR THE PURPOSE FOR WHICH THE DRUG OR
VACCINE IS ADMINISTERED.

(B)  IMMUNIZATION PROJECTS.

EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION,
IF THE SECRETARY OR A DESIGNEE OF THE SECRETARY FINDS THAT A
PROPOSED IMMUNIZATION PROJECT WOULD CONFORM TO GOOD MEDICAL