§ 18-4A-03
461 words·~2 min read·
/md/health-general/18-4a-03A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§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person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.
(c)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:
(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 person is not reasonably available if:
(1)The location of the person is unknown;
(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.