3706

LAWS OF MARYLAND

Ch. 785

SHALL PERIODICALLY REVISE AND UPDATE THE INFORMATION REQUIRED BY
§ 18-329 AND THE REGULATIONS GUIDELINES ADOPTED UNDER § 18-332 OF
THIS SUBTITLE.

(C) (1) THE DEPARTMENT SHALL REPORT TO THE UNITED STATES
CENTERS FOR DISEASE CONTROL ALL INFORMATION COLLECTED UNDER §
18-331(A), INCLUDING THAT RECEIVED UNDER § 18-330(B) OF THIS
SUBTITLE.

(2) SUBJECT TO § 2-1312 OF THE STATE GOVERNMENT
ARTICLE, THE DEPARTMENT SHALL REPORT ANNUALLY TO THE GENERAL
ASSEMBLY ON THE INCIDENCE OF PERTUSSIS AND OF MAJOR ADVERSE
REACTIONS TO PERTUSSIS VACCINE.

18-332.

(A)  THE DEPARTMENT SHALL ADOPT REGULATIONS GUIDELINES,
AFTER NOTICE AND PUBLIC HEARING IN ACCORDANCE WITH THE
ADMINISTRATIVE PROCEDURE ACT, SETTING FORTH:

(1)  THE CIRCUMSTANCES UNDER WHICH PERTUSSIS VACCINE
SHOULD NOT BE ADMINISTERED;

(2)  THE CIRCUMSTANCES UNDER WHICH ADMINISTRATION OF
THE VACCINE SHOULD BE DELAYED; AND

(3)  ANY CATEGORIES OF POTENTIAL RECIPIENTS WHO ARE
SIGNIFICANTLY MORE VULNERABLE TO MAJOR ADVERSE REACTIONS THAN IS
THE GENERAL POPULATION . ; AND

(4)  PROCEDURES TO NOTIFY ALL PHYSICIANS OF THE
CONTENT OF THE FINAL GUIDELINES AND ALL UPDATES ISSUED
THEREAFTER.

(B)  THE ADMINISTRATION OF PERTUSSIS VACCINE TO AN
INDIVIDUAL MAY NOT BE REQUIRED BY ANY PROVISION OF LAW IF, IN
THE PHYSICIAN'S MEDICAL JUDGMENT:

(1) THE CIRCUMSTANCES SPECIFIED UNDER SUBSECTION
(A)(1) OR (2) OF THIS SECTION ARE PRESENT; OR

(2) THE POTENTIAL RECIPIENT IS IN ONE OF THE

CATEGORIES SPECIFIED UNDER SUBSECTION (A)(3) OF THIS SECTION; AND
(2) TAKING INTO ACCOUNT THE INFORMATION SPECIFIED UNDER
SUBSECTION (A) (3) OF THIS SECTION AS WELL AS ALL OTHER RELEVANT
INFORMATION, AND THE RISK TO THE POTENTIAL RECIPIENT OUTWEIGHS
THE BENEFITS BOTH TO THE POTENTIAL RECIPIENT AND TO THE PUBLIC IN
ADMINISTERING THE VACCINE.

(C) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT
ANY EMERGENCY AUTHORITY OF THE SECRETARY UNDER ANY OTHER
PROVISION OF LAW TO PROTECT THE PUBLIC HEALTH.

Article - Education