2010 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
TITLE 5 - LIMITATIONS, PROHIBITED ACTIONS, AND IMMUNITIES
Subtitle 6 - Immunities and Prohibited Actions - Health and Public Safety
Section 5-629 - Person administering drug or vaccine.
§ 5-629. Person administering drug or vaccine.
(a) "Secretary" defined.- In this section, "Secretary" means the Secretary of Health and Mental Hygiene.
(b) In general.- Except as provided in subsection (d) of this section, a person lawfully administering a drug or vaccine is not liable for any adverse effect that arises from the use of the drug or vaccine if the drug or vaccine:
(1) Is administered to immunize an individual against a disease; or
(2) Is approved by the United States Food and Drug Administration for the purpose for which the drug or vaccine is administered.
(c) Immunization projects.- Except as provided in subsection (d) of this section, if the Secretary or a designee of the Secretary finds that a proposed immunization project would conform to good medical and public health practice and gives written approval for the project to be administered in the State, a physician, nurse, or other person participating in the project is not liable for any adverse effect that arises from the use of a drug or vaccine in the project.
(d) Exemptions.- This section does not exempt:
(1) A person from liability for gross negligence;
(2) A drug manufacturer from the duty to use ordinary care in preparing and handling a drug or vaccine; or
(3) A person from liability that arises out of the improper or illegal administration of a drug or vaccine.
[1990, ch. 546, § 3; 1997, ch. 14, § 9; 2002, ch. 19, § 10.]
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