Maryland Code, HEALTH – GENERAL 18-4A-03
Terms Used In Maryland Code, HEALTH - GENERAL 18-4A-03
- Adult: means an individual at least 18 years old. See
- County: means a county of the State or Baltimore City. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- minor: means an individual under the age of 18 years. See
- Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
- state: means :
(1) a state, possession, territory, or commonwealth of the United States; or
(2) the District of Columbia. See
(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person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.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;
(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.