Ch. 275                                         1993 LAWS OF MARYLAND

(1) THE PARENT REFUSES CONSENT OR FAILS TO CARRY OUT CONSENT
FOR THE MINOR OR REFUSES DELEGATION OR FAILS TO CARRY OUT DELEGATION
UNDER § 18-4A-02 OF THIS SUBTITLE HAS NOT ACTED ON THE REQUEST; AND

(2) DOES HAS NOT EXPRESSLY DENY DENIED TO THE DEPARTMENT OF
JUVENILE SERVICES THE AUTHORITY TO CONSENT TO THE IMMUNIZATION OF THE
MINOR.                                                                                                                               

(D) FOR PURPOSES OF THIS SECTION, A PERSON IS NOT REASONABLY
AVAILABLE IF:

(1) THE LOCATION OF THE PERSON IS UNKNOWN;                           

(2) (I) A REASONABLE EFFORT MADE BY A GRANDPARENT OR
OTHER PERSON LISTED IN SUBSECTION (A) OF THIS SECTION TO LOCATE AND
COMMUNICATION COMMUNICATE WITH THE PERSON PARENT FOR THE PURPOSE OF
OBTAINING CONSENT HAS FAILED,; AND

(II) NOT MORE THAN 90 DAYS HAVE PASSED SINCE THE DATE THAT
THE EFFORT WAS MADE; OR                                                                               

(3) THE PARENT HAS BEEN CONTACTED BY A GRANDPARENT OR
OTHER PERSON LISTED IN SUBSECTION (A) OF THIS SECTION AND REQUESTED TO
CONSENT TO THE IMMUNIZATION OF THE MINOR, AND THE PARENT:

(I) REFUSES TO CONSENT OR FAILS TO CARRY OUT CONSENT FOR
THE MINOR OR REFUSES DELEGATION OR FAILS TO CARRY OUT A DELEGATION
UNDER § 18-4A-02 OF THIS SUBTITLE; AND

(I) HAS NOT ACTED ON THE REQUEST; AND

(II) DOES HAS NOT EXPRESSLY DENY DENIED AUTHORITY TO THE
GRANDPARENT OR OTHER PERSON LISTED IN SUBSECTION (A) OF THIS SECTION TO
CONSENT TO IMMUNIZATION OF THE MINOR.                                                           

(E) A PERSON LISTED IN SUBSECTION (A) OF AUTHORIZED TO CONSENT TO
THE IMMUNIZATION OF A MINOR UNDER THIS SECTION MAY SHALL CONFIRM THAT
THE PARENT IS NOT REASONABLY AVAILABLE IN THE MANNER PROVIDED BY
REGULATIONS ADOPTED BY THE DEPARTMENT WRITING AND THE WRITTEN
CONFIRMATION SHALL BE INCLUDED IN THE MINOR'S MEDICAL RECORD.

18-4A-04.

THE RESPONSIBILITY OF A HEALTH CARE PROVIDER TO PROVIDE
INFORMATION TO A PERSON CONSENTING TO THE IMMUNIZATION OF A MINOR
UNDER § 18-4A-02 OR § 18-4A-03 OF THIS SUBTITLE IS THE SAME AS THE HEALTH
CARE PROVIDER'S RESPONSIBILITY TO A PARENT.

18-4A-05.

(A) IN THE ABSENCE OF WILLFUL 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

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