Kansas Statutes 38-136. Immunization of minor children; written delegation of consent by parent
Terms Used In Kansas Statutes 38-136
- Health care provider: means a person licensed to practice medicine and surgery by the state board of healing arts, a person who holds a temporary permit to practice medicine and surgery issued by the state board of healing arts, a person engaged in a postgraduate training program in medicine and surgery approved by the state board of healing arts, a medical care facility licensed by the department of health and environment, a health maintenance organization issued a certificate of authority by the commissioner of insurance, a licensed professional nurse, a licensed practical nurse, a licensed physician assistant, a professional corporation organized pursuant to the professional corporation law of Kansas by persons who are authorized by such law to form such a corporation and who are health care providers as defined by this subsection, a Kansas limited liability company organized for the purpose of rendering professional services by its members who are health care providers as defined by this subsection and who are legally authorized to render the professional services for which the limited liability company is organized, a partnership of persons who are health care providers as defined by this subsection or a Kansas not-for-profit corporation organized for the purpose of rendering professional services by persons who are health care providers as defined by this subsection. See Kansas Statutes 38-135
- Minor: means any person defined by Kan. See Kansas Statutes 77-201
- Parent: means :
(1) A minor's parent by birth or adoption;
(2) a minor's legal guardian; or
(3) any person who under court order is authorized to give consent for a minor. See Kansas Statutes 38-135
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) Subject to the provisions of this section, a parent may delegate 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:
(1) A grandparent by birth or adoption;
(2) an adult brother or sister or half brother or half sister, by birth or adoption;
(3) an adult aunt or uncle by birth or adoption;
(4) a stepparent; or
(5) another adult who has care and control of the minor.
(b) A grandparent, brother or sister, aunt or uncle or stepparent of a minor who is the primary caregiver of a minor and who may consent to the immunization of the minor under subsection (a) may delegate in writing the authority to consent to immunization of the minor to another person listed in subsection (a).
(c) A health care provider may rely on a notarized document from another state, territory or country that contains substantially the same information as is required in any immunization consent rules and regulations of the department of health and environment if the document is presented for consent by a person listed in subsection (a).
(d) A person who consents to immunization of a minor under this act 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.