38-137. Same; consent for immunization by person other than parent, when.
38-137
38-137. Same; consent for immunization by person other than parent,when.(a) Subject to the provisions of this section, the followingindividuals, not in order of priority, may consent to the immunization of aminor if a parent is not reasonably available and the authority to consent isnot denied under subsection (b):
(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 person may not consent to the immunization of a minor undersubsection (a) if:
(1) The person has actual knowledge that the parent has expressly refused togive consent to the immunization; or
(2) the parent has told the person that the person may not consent to theimmunization of the minor or, in the case of a written authorization, haswithdrawn the authorization in writing.
(c) For purposes of this section, a parent is not reasonably available if:
(1) The location of the parent is unknown;
(2) (A) a reasonable effort made by a person listed in subsection (a) tolocate and communicate with the parent for the purpose of obtaining consent hasfailed; and (B) not more than 90 days have passed since the date that theeffort was made; or
(3) the parent has been contacted by a person listed in subsection (a) andrequested to consent to the immunization of the minor, and the parent: (A) Hasnot acted on the request; and (B) has not expressly denied authority to theperson listed in subsection (a) to consent to immunization of the minor.
(d) A person authorized to consent to the immunization of a minor under thissection shall confirm in writing that the parent is not reasonably availableand the written confirmation shall be included in the minor's medical record.
History: L. 1995, ch. 183, § 4; July 1.