H.B. 1264                                                      VETOES

(D)     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 PERSON
LISTED IN SUBSECTION (A) OF THIS SECTION.

(E)     A PERSON WHO CONSENTS TO IMMUNIZATION OF A MINOR UNDER THIS
SUBTITLE 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 PROVIDING THE CONSENT
AND THE HEALTH CARE PROVIDER TO ADEQUATELY DETERMINE THE RISKS AND
BENEFITS INHERENT IN THE PROPOSED IMMUNIZATION AND DETERMINE WHETHER
THE IMMUNIZATION IS ADVISABLE.

18-4A-03.

(A)     SUBJECT TO THE PROVISIONS OF THIS SECTION, THE FOLLOWING
INDIVIDUALS, NOT IN ORDER OF PRIORITY, MAY CONSENT TO THE IMMUNIZATION
OF A MINOR IF A PARENT IS NOT REASONABLY AVAILABLE AND THE AUTHORITY TO
CONSENT IS NOT DENIED UNDER SUBSECTION (B) OR (C) OF THIS SECTION:

(1)      A GRANDPARENT;

(2)      AN ADULT BROTHER OR SISTER;

(3)      AN ADULT AUNT OR UNCLE;            

(4)      A STEPPARENT;                                                                                   

(5)      ANY OTHER ADULT WHO HAS CARE AND CONTROL OF THE MINOR;

(6)      A COURT THAT HAS JURISDICTION OF A SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP OF WHICH THE MINOR IS THE SUBJECT;

(7)      AN ADULT WHO HAS CARE AND CONTROL OF THE MINOR UNDER
AN ORDER OF A COURT OR BY COMMITMENT BY A COURT TO THE CARE OF AN
AGENCY OF THE STATE OR COUNTY IF THE ADULT REASONABLY BELIEVES THE
MINOR NEEDS IMMUNIZATION; OR                                                 

(8)      FOR MINORS IN ITS CARE AND CUSTODY, THE DEPARTMENT OF
JUVENILE SERVICES.

(B)     A PERSON MAY NOT CONSENT TO THE IMMUNIZATION OF A MINOR
UNDER SUBSECTION (A) OF THIS SECTION IF:

(1) THE PERSON HAS ACTUAL KNOWLEDGE THAT THE PARENT HAS
EXPRESSLY REFUSED TO GIVE CONSENT TO THE IMMUNIZATION; OR

(2) THE PARENT HAS TOLD THE PERSON THAT THE PERSON MAY NOT
CONSENT TO THE IMMUNIZATION OF THE MINOR OR, IN THE CASE OF A WRITTEN
AUTHORIZATION, HAS WITHDRAWN THE AUTHORIZATION IN WRITING.

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