WILLIAM DONALD SCHAEFER, Governor                        H.B. 1264

(C) WHEN A PARENT HAS BEEN CONTACTED AND REQUESTED TO CONSENT
TO THE IMMUNIZATION OF THE MINOR, THE DEPARTMENT OF JUVENILE SERVICES
MAY CONSENT TO THE IMMUNIZATION OF A MINOR IN ITS CARE AND CUSTODY IF
THE PARENT:

(1) HAS NOT ACTED ON THE REQUEST; AND

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

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

(1)      THE LOCATION OF THE PARENT IS UNKNOWN;

(2)      (I) A REASONABLE EFFORT MADE BY A PERSON LISTED IN
SUBSECTION (A) OF THIS SECTION TO LOCATE AND COMMUNICATE WITH THE
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 PERSON LISTED IN
SUBSECTION (A) OF THIS SECTION AND REQUESTED TO CONSENT TO THE
IMMUNIZATION OF THE MINOR, AND THE PARENT:

(I) HAS NOT ACTED ON THE REQUEST; AND

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

(E) A PERSON AUTHORIZED TO CONSENT TO THE IMMUNIZATION OF A
MINOR UNDER THIS SECTION SHALL CONFIRM THAT THE PARENT IS NOT
REASONABLY AVAILABLE IN 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
CONSENT TO THE IMMUNIZATION OF A MINOR UNDER § 18-4A-02 OR § 18-4A-03 OF
THIS SUBTITLE IS NOT LIABLE FOR AN ADVERSE REACTION RELATED TO AN

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