WILLIAM DONALD SCHAEFER, Governor                        H.B. 1264

(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

(II) DOES NOT EXPRESSLY DENY AUTHORITY TO THE
GRANDPARENT, ADULT BROTHER OR SISTER, OR OTHER PERSON LISTED IN
SUBSECTION (A) OF THIS SECTION TO CONSENT FOR THE MINOR.

18-4A-02.

(A)     A PARENT, GUARDIAN OF A MINOR, OR OTHER PERSON WHO, UNDER A
COURT ORDER, MAY CONSENT TO THE IMMUNIZATION OF A MINOR MAY DELEGATE
THAT AUTHORITY TO CONSENT FOR THE MINOR TO ANY OF THE FOLLOWING
INDIVIDUALS IF THE DELEGATION IS IN WRITING AND CONTAINS THE
INFORMATION REQUIRED IN ANY REGULATIONS CONCERNING DELEGATION OF
CONSENT FOR IMMUNIZATION OF A MINOR ADOPTED BY THE DEPARTMENT:

(1)      A GRANDPARENT;

(2)      AN ADULT BROTHER OR SISTER;

(3)      AN ADULT AUNT OR UNCLE;

(4)      A STEPPARENT; OR

(5) ANOTHER ADULT WHO HAS CARE AND CONTROL OF THE MINOR.

(B)     A GRANDPARENT, ADULT BROTHER OR SISTER, ADULT AUNT OR UNCLE,
OR STEPPARENT OF A MINOR WHO IS THE PRIMARY CAREGIVER OF THE MINOR
AND WHO MAY CONSENT FOR THE MINOR UNDER § 17-4A-01(A) OF THIS SUBTITLE
MAY DELEGATE THE AUTHORITY TO CONSENT TO THE IMMUNIZATION OF THE
MINOR TO A PERSON AND IN THE MANNER PERMITTED FOR A PARENT, GUARDIAN,
OR OTHER PERSON UNDER SUBSECTION (A) OF THIS SECTION.

(C) A HEALTH CARE PROVIDER MAY RELY ON A NOTARIZED DOCUMENT
FROM ANOTHER STATE OR COUNTRY THAT CONTAINS SUBSTANTIALLY THE SAME
INFORMATION AS IS REQUIRED IN ANY IMMUNIZATION CONSENT REGULATIONS OF
THE DEPARTMENT IF THE DOCUMENT IS PRESENTED FOR CONSENT BY A
GRANDPARENT, ADULT BROTHER OR SISTER, ADULT AUNT OR UNCLE, OR
STEPPARENT OF THE MINOR.

(D) A PERSON WHO CONSENTS FOR A MINOR UNDER THIS SECTION SHALL
PROVIDE THE HEALTH CARE PROVIDER WITH SUFFICIENT AND ACCURATE HEALTH
INFORMATION ABOUT THE MINOR FOR WHOM THE CONSENT IS GIVEN AND, IF
NECESSARY, SUFFICIENT AND ACCURATE HEALTH INFORMATION ABOUT THE
MINOR'S FAMILY TO ENABLE THE PERSON WHO IS DELEGATED THE AUTHORITY TO
CONSENT TO THE IMMUNIZATION OF THE MINOR AND THE HEALTH CARE
PROVIDER TO DETERMINE ADEQUATELY THE RISKS AND BENEFITS INHERENT IN
THE PROPOSED IMMUNIZATION AND DETERMINE WHETHER THE IMMUNIZATION IS
ADVISABLE.

18-4A-03.

- 3621 -