38-137. Same; consent for immunization by person other than parent, when. (a) Subject to the provisions of this section, the following individuals, not in order of priority, may consent to the immunization of a minor if a parent is not reasonably available and the authority to consent is not 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 or adoption;
(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 under subsection (a) if:
(1) The person has actual knowledge that the parent has expressly refused to give consent to the immunization; or
(2) the parent has told the person that the person may not consent to the immunization of the minor or, in the case of a written authorization, has withdrawn the authorization in writing.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) to locate and communicate with the parent for the purpose of obtaining consent has failed; and (B) not more than 90 days have passed since the date that the effort was made; or
(3) the parent has been contacted by a person listed in subsection (a) and requested to consent to the immunization of the minor, and the parent: (A) Has not acted on the request; and (B) has not expressly denied authority to the person listed in subsection (a) to consent to immunization of the minor.
(d) A person authorized to consent to the immunization of a minor under this section shall confirm in writing that the parent is not reasonably available and the written confirmation shall be included in the minor's medical record.
History: L. 1995, ch. 183, ยง 4; July 1.
Structure Kansas Statutes
Article 1 - General Provisions
38-102 Minor bound by contracts, when.
38-103 Contracts that may not be disaffirmed.
38-104 Payment for personal services.
38-108 District court may confer rights of majority.
38-109 Petition for rights of majority; notice; hearing; decree.
38-110 Costs of proceedings under 38-108 to 38-110.
38-111 When minors may be excluded from courtroom during trials or hearings.
38-112 Children's homes; powers of corporations.
38-115 Same; donations and bequests; appropriations by cities or counties over 30,000.
38-116 Same; purchase and sale of property.
38-120 Recovery from parents for malicious or willful acts by certain children; limitations.
38-122 Consent by parent for surgery and other procedures on child.
38-123 Consent for medical care of unmarried pregnant minor.
38-123a Donation of blood by persons over 16; compensation.
38-123b Consent by minor 16 or over to hospital, medical or surgical treatment or procedures.
38-135 Definitions; immunization of minor children.
38-136 Immunization of minor children; written delegation of consent by parent.
38-137 Same; consent for immunization by person other than parent, when.
38-138 Health care provider to provide information to person consenting to immunization.
38-139 Health care provider has immunity if relying on consent.
38-140 Consent to immunize under 38-2217 or 38-2316 not affected.
38-142 Grandparents as caregivers act; citation.
38-144 Grandparents as caregivers program; administration.
38-145 Same; eligibility requirements.
38-146 Same; eligibility of persons other than grandparent.
38-148 Same; annual report to the legislature; rules and regulations.