Title 18. Disease Prevention — Subtitle 4A. Consent to Immunization of Minors

A natural or adoptive parent of a minor;

A guardian of a minor; or

Any other person who, under court order, is authorized to give consent for a minor.

Subject to the provisions of this section, a parent may delegate verbally or in writing the parent’s authority to consent to the immunization of a minor to any of the following individuals, not in order of priority:

If a parent verbally delegates the parent’s authority to consent to the immunization of a minor under this subtitle, the person delegated the authority shall confirm the verbal delegation in writing and the written confirmation shall be included in the minor’s medical record.

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 to the immunization of the minor under subsection (a) of this section may delegate the authority to consent to immunization of the minor to another adult in the manner permitted under subsection (b) of this section.

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.

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 determine adequately the risks and benefits inherent in the proposed immunization and determine whether the immunization is advisable.

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:

A person may not consent to the immunization of a minor under subsection (a) of this section if:

When a parent has been contacted and requested to consent to the immunization of a minor, the Department of Juvenile Services may consent to the immunization of a minor in its care and custody if the parent:

For purposes of this section, a person is not reasonably available if:

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.

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 immunization of the minor resulting from factual errors in the health history or information given by the person to the health care provider.

Except for acts of willful misconduct or gross negligence, a person who consents to the immunization of a minor under § 18-4A-02 or § 18-4A-03 of this subtitle, a health care provider licensed to practice in the State, or a medical facility is not liable for damages arising from an immunization administered to a minor as authorized under § 18-4A-02 or § 18-4A-03 of this subtitle.