WILLIAM DONALD SCHAEFER, Governor                            Ch. 275

18-4A-04.

(A) IN THE ABSENCE OF WILFUL MISCONDUCT OR GROSS NEGLIGENCE, A
HEALTH CARE PROVIDER WHO ACCEPTS THE HEALTH HISTORY AND OTHER
INFORMATION GIVEN BY A PERSON WHO IS DELEGATED THE AUTHORITY TO
CONSENT TO THE IMMUNIZATION OF THE MINOR IS NOT LIABLE FOR AN ADVERSE
REACTION TO AN IMMUNIZATION OR FOR OTHER INJURIES TO THE MINOR
RESULTING FROM FACTUAL ERRORS IN THE HEALTH HISTORY OR INFORMATION
GIVEN BY THE PERSON TO THE HEALTH CARE PROVIDER.

(B) AN INDIVIDUAL WHO CONSENTS UNDER § 18-4A-01 OR § 18-4A-02 OF THIS
SUBTITLE, A PHYSICIAN, NURSE, OTHER HEALTH CARE PROVIDER LICENSED TO
PRACTICE IN THE STATE, OR A PUBLIC HEALTH CLINIC, HOSPITAL, OR OTHER
MEDICAL FACILITY IS NOT LIABLE FOR DAMAGES ARISING FROM AN
IMMUNIZATION ADMINISTERED TO A MINOR AS AUTHORIZED UNDER § 18-4A-01 OR
§ 18-4A-02 OF THIS SUBTITLE EXCEPT FOR THE PERSON'S OR FACILITY'S OWN ACTS
OF NEGLIGENCE.

18-4A-05.

(A)     AN ADULT WHO HAS CARE AND CONTROL OF A MINOR AS THE PRIMARY
CAREGIVER OF THE MINOR MAY FILE A PETITION IN THE DISTRICT COURT IN THE
COUNTY IN WHICH THE MINOR IS A RESIDENT REQUESTING THE AUTHORITY TO
CONSENT FOR THE IMMUNIZATION OF THE MINOR FOR WHOM THE ADULT IS THE
PRIMARY CAREGIVER.

(B)     A PETITION TO GRANT AUTHORITY FOR THE ADULT TO CONSENT FOR
THE IMMUNIZATION OF THE MINOR FOR WHOM THE ADULT IS THE PRIMARY
CAREGIVER SHALL STATE:

(1) THE FULL NAME, ADDRESS, AND DATE OF BIRTH OF THE MINOR, IF
KNOWN;

(2) THAT, IF THEIR IDENTITIES ARE KNOWN, THE PARENT, GUARDIAN,
OR OTHER PERSON WHO, UNDER A COURT ORDER, MAY CONSENT FOR THE MINOR
CANNOT BE CONTACTED; AND

(3) THAT THE ADULT HAS CARE AND CONTROL OF THE MINOR AS THE
PRIMARY CAREGIVER OF THE MINOR.

(C) A PETITION MAY BE HEARD WITHOUT NOTICE TO A PARENT, GUARDIAN,
OR OTHER PERSON IF, UPON REASONABLE EFFORT, THAT PERSON CANNOT BE
CONTACTED.

(D) AFTER A HEARING, IF THE COURT FINDS THE GRANT OF AUTHORITY IS IN
THE BEST INTERESTS OF THE MINOR, THE COURT MAY GRANT AUTHORITY FOR THE
ADULT TO CONSENT TO THE IMMUNIZATION OF THE MINOR FOR WHOM THE ADULT
IS AN INFORMAL GUARDIAN.

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