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UPDATE: 2/27/2023 - SB 378 was withdrawn by the sponsor.
UPDATE: 2/20/2023 - SB 378 was withdrawn from the hearing in the Senate Finance Committee by the sponsor, Senator Cheryl Kagan. The Agenda shows the bill was struck-through. Agenda: https://mgaleg.maryland.gov/mgawebsite/Committees/Details?cmte=fin
UPDATE: 2/20/2023 - SB 378 was scheduled for a hearing in the Senate Finance Committee to be held on Wednesday, February 22, 2023 at 1:00 PM - East Miller Senate Building, Room 3, Annapolis, MD. SB 378 was removed from the agenda on 2/20/2023 at 12:55 PM.
SB 378 was introduced and referred to the Finance Committee on 2/1/2023. This bill is sponsored by Senator Cheryl Kagan.
This bill allows minors 14 and older to consent to vaccination without parental consent and prohibits them from refusing a vaccine that a parent have given consent to by enacting the following:
(B) A MINOR AT LEAST 14 YEARS OLD HAS THE SAME CAPACITY AS AN ADULT TO CONSENT TO VACCINATION.
(C) A MINOR UNDER THE AGE OF 14 YEARS, INCLUDING A MINOR WHO IS DEVELOPMENTALLY DISABLED OR UNEMANCIPATED, HAS THE CAPACITY TO CONSENT TO VACCINATION IF:
(1) IN THE OPINION OF THE HEALTH CARE PROVIDER, THE MINOR IS OF SUFFICIENT INTELLIGENCE TO UNDERSTAND AND APPRECIATE THE NEED FOR, NATURE OF, AND THE SIGNIFICANT RISKS AND CONSEQUENCES OF THE VACCINATION; AND
(2) THE MINOR IS ABLE TO GIVE INFORMED CONSENT.
(D) THE CAPACITY OF A MINOR TO CONSENT TO VACCINATION UNDER THIS SECTION DOES NOT INCLUDE THE CAPACITY TO REFUSE VACCINATION FOR WHICH A PARENT OR GUARDIAN HAS GIVEN CONSENT.
(E) NOTWITHSTANDING ANY OTHER LAW, IF A HEALTH CARE PROVIDER VACCINATES A MINOR IN ACCORDANCE WITH THIS SECTION AND WITHOUT CONSENT OR KNOWLEDGE OF THE MINOR’S PARENT OR GUARDIAN, THE MINOR’S MEDICAL OR BILLING RECORDS MAY NOT BE RELEASED OR MADE AVAILABLE TO THE MINOR’S PARENT OR GUARDIAN IN ANY MANNER, WITHOUT THE MINOR’S CONSENT.
(F) A MINOR WHO IS VACCINATED IN ACCORDANCE WITH THIS SECTION SHALL HAVE ACCESS TO THE MINOR’S VACCINATION RECORDS WITHOUT THE CONSENT OF THE MINOR’S PARENT OR GUARDIAN.
(G) A HOSPITAL OR LICENSED HEALTH CARE PROVIDER MAY NOT INCUR CIVIL OR CRIMINAL LIABILITY IN CONNECTION WITH ANY EXAMINATION, DIAGNOSIS, OR TREATMENT AUTHORIZED BY THIS SECTION, UNLESS THE HOSPITAL OR LICENSED HEALTH CARE PROVIDER IS NEGLIGENT.
This Act shall take effect June 1, 2023
https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0378?ys=2023RS - text, status, and history of SB 378
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