38-136. Immunization of minor children; written delegation of consent by parent.

38-136

Chapter 38.--MINORS
Article 1.--GENERAL PROVISIONS

      38-136.   Immunization of minor children; written delegation of consent byparent.(a) Subject to the provisions of this section, a parent maydelegate in writing the parent's authority to consent to theimmunization of a minor to any of the following individuals, not in order ofpriority:

      (1)   A grandparent by birth or adoption;

      (2)   an adult brother or sister or half brother or half sister, by birth oradoption;

      (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 minorwho is the primary caregiver of a minor and who may consent to the immunizationof the minor under subsection (a) may delegate in writing the authority toconsent toimmunization of the minor to another person listed in subsection (a).

      (c)   A health care provider may rely on a notarized document from anotherstate, territory or country that contains substantially the same information asis required in any immunization consent rules and regulations of the departmentof health and environment if the document is presented for consent by a personlisted in subsection (a).

      (d)   A person who consents to immunization of a minor under this act shallprovide the health care provider with sufficient and accurate healthinformation about the minor for whom the consent is given and, if necessary,sufficient and accurate health information about the minor's family to enablethe person providing the consent and the health care provider to determineadequately the risks and benefits inherent in the proposed immunization anddetermine whether the immunization is advisable.

      History:   L. 1995, ch. 183, § 3; July 1.