Maryland § 18-4A-03

§ 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person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.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;

        (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.