H.B. 1264

VETOES

(A) A PERSON AUTHORIZED UNDER § 18-4A-01 OR § 18-4A-02 OF THIS
SUBTITLE TO CONSENT TO THE IMMUNIZATION OF A MINOR HAS THE
RESPONSIBILITY TO ENSURE THAT THE CONSENT, IF GIVEN, IS AN INFORMED
CONSENT.

(B) THE RESPONSIBILITY OF A HEALTH CARE PROVIDER TO PROVIDE
INFORMATION TO A PERSON CONSENTING UNDER § 18-4A-01 OR § 18-4A-02 OF THIS
SUBTITLE IS THE SAME AS THE PROVIDER'S RESPONSIBILITY TO A PARENT.

(C) AS PART OF THE INFORMATION GIVEN TO ENSURE INFORMED CONSENT,
THE HEALTH CARE PROVIDER SHALL INFORM THE PERSON AUTHORIZED UNDER §
18-4A-01 OR § 18-4A-02 OF THIS SUBTITLE TO CONSENT TO THE IMMUNIZATION OF A
MINOR OF THE PROCEDURES AVAILABLE UNDER THE NATIONAL CHILDHOOD
VACCINE INJURY ACT OF 1986 (PUB. L. 99-660) TO SEEK RECOVERY FOR
UNREIMBURSED EXPENSES FOR CERTAIN INJURIES ARISING OUT OF THE
ADMINISTRATION OF CERTAIN VACCINES.

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;

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