38-139. Health care provider has immunity if relying on consent.
38-139
38-139. Health care provider has immunity if relyingon consent.(a) In the absence of willful misconduct or gross negligence,ahealth care provider who accepts the health history and other information givenby a person who is delegated the authority to consent to the immunization of aminor as provided by K.S.A. 38-136 or 38-137 shall not be liable foran adverse reactionrelated to an immunization of the minor resulting from factual errors in thehealth history or information given by the person to the health care provider.
(b) In the absence of willful misconduct or gross negligence, a health careprovider who relies on the consent of a person delegated the authority toconsent to the immunization of a minor as provided by K.S.A. 38-136or 38-137 shall notbe liable for damages arising from reliance on such consent.
(c) Except for acts of willful misconduct or gross negligence, a person whoconsents to the immunization of a minor as provided by K.S.A. 38-136or 38-137 shallnot be liable for damages arising from any such immunizationadministered by a person authorized by law to administer immunizations in thisstate.
History: L. 1995, ch. 183, § 6; July 1.