431.058. Consent to immunization of child, who may give, when--definitions--reliance by health care provider--limitations on liability, when.
Consent to immunization of child, who may give,when--definitions--reliance by health care provider--limitationson liability, when.
431.058. 1. As used in this section, the following terms mean:
(1) "Child", a child less than eighteen years of age;
(2) "Health care provider", a person licensed to practice medicine andsurgery by the state board of registration for the healing arts, a person whoholds a temporary permit to practice medicine and surgery issued by the stateboard of registration for the healing arts, a person engaged in a postgraduatetraining program in medicine and surgery approved by the state board ofregistration for the healing arts, a medical care facility licensed by thedepartment of health and senior services, a health maintenance organizationissued a certificate of authority by the director of the department ofinsurance, financial institutions and professional registration, a licensedprofessional nurse, a licensed practical nurse and a registered physician'sassistant. The term "health care provider" shall also include the followingentities: a professional corporation organized pursuant to the professionalcorporation law of Missouri by persons who are health care providers, aMissouri limited liability company organized for the purpose of renderingprofessional services by its members who are health care providers, apartnership of persons who are health care providers or a Missourinot-for-profit corporation organized for the purpose of rendering professionalservices by persons who are health care providers;
(3) "Parent":
(a) A child's parent by birth or adoption;
(b) A child's legal guardian; or
(c) Any person who under court order is authorized to give consent for achild.
2. A parent may delegate in writing the parent's authority to consent tothe immunization of a child to another adult.
3. Subject to the provisions of subsections 3 to 6 of this section, anyadult may consent to the immunization of a child if a parent is not reasonablyavailable and the authority to consent is not denied under subsection 4 ofthis section.
4. A person may not consent to the immunization of a child undersubsection 3 of this section if:
(1) The person has actual knowledge that the parent has expresslyrefused to give consent to the immunization; or
(2) The parent has told the person that the person may not consent tothe immunization of the child or, in the case of a written authorization, haswithdrawn the authorization in writing.
5. For purposes of this section, a parent is not reasonably available ifthe location of the parent or legal guardian is unknown and could not beascertained, despite diligent searching.
6. A person authorized to consent to the immunization of a child underthe provisions of subsections 3 to 6 of this section shall confirm in writingthat the parent is not reasonably available, and the written confirmationshall be included in the child's medical record.
7. A grandparent, brother or sister, aunt or uncle or stepparent of achild who is the primary caregiver of a child and who may consent to theimmunization of the child pursuant to the provisions of subsection 2 of thissection may delegate in writing the authority to consent to immunization ofthe child to another adult.
8. A health care provider may rely on a document from another state,territory or country that contains substantially the same information as isrequired in any immunization consent rules and regulations of the departmentof health and senior services if the document is presented for consent by aperson as authorized pursuant to the provisions of this section.
9. A person who consents to immunization of a child under this sectionshall provide the health care provider with sufficient and accurate healthinformation about the child for whom the consent is given and, if necessary,sufficient and accurate health information about the child'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.
10. The responsibility of a health care provider to provide informationto a person consenting to the immunization of a child as provided by thissection is the same as the health care provider's responsibility to a parent.
11. Except for acts of willful misconduct or gross negligence, a personwho consents to the immunization of a child as provided by this section shallnot be liable for damages arising from any such immunization administered by aperson authorized by law to administer immunizations in this state.
(L. 1996 H.B. 904, et al. § 2)