(a) In this section, “Secretary” means the Secretary of Health.
(b) 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) 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) 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.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 5 - Limitations, Prohibited Actions, and Immunities
Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety
Section 5-602 - Emergency Defense and Civil Defense Shelters
Section 5-603 - Emergency Medical Care
Section 5-604 - Fire and Rescue Companies
Section 5-605 - Law Enforcement Officer Acting Outside Jurisdiction
Section 5-607 - Volunteer Sports Program Physicians
Section 5-608 - Support for Emergency Medical System
Section 5-609 - Mental Health Care Providers or Administrators
Section 5-610 - Law Enforcement Officer Assisting Victim of Spousal Assault
Section 5-611 - Federal Law Enforcement Officer Making Arrest Without Warrant
Section 5-612 - Officers, Employees of Political Subdivisions When Acting Outside Territorial Limits
Section 5-613 - Liability of Political Subdivision for Acts of Special Police
Section 5-614 - Emergency Veterinary Assistance
Section 5-617 - Persons Assisting in Controlling Discharge of Hazardous Substance
Section 5-618 - Adult Protective Services
Section 5-620 - Persons Reporting Child Abuse or Neglect
Section 5-622 - Persons Reporting Adult Abuse or Neglect
Section 5-623 - Admissions to Mental Health Facilities
Section 5-624 - Emergency Evaluation for Mental Disorder
Section 5-625 - Persons Reporting Abuse of the Developmentally Disabled
Section 5-626 - Persons Reporting Abuse of Individuals in Mental Health Facilities
Section 5-627 - Member of a Clinical Review Panel
Section 5-628 - Review of Health Care Under Maryland Medical Assistance Program
Section 5-629 - Person Administering Drug or Vaccine
Section 5-630 - Processors, Distributors, etc., of Human Blood, Tissue, Organs, or Bones
Section 5-631 - Persons Reporting Abuse of Residents of Related Institutions
Section 5-632 - Tort Liability of Hospitals or Related Institutions
Section 5-633 - Food Which Poses Immediate Threat
Section 5-635 - Customer Use of Employee Toilet Facility in Retail Establishment
Section 5-636 - Licensed Chiropractors Reviewing Fees of Other Chiropractors
Section 5-637 - Medical Review Committees and Persons Cooperating Therewith
Section 5-638 - Persons Giving Information About Physicians to Hospitals, Hospital Staff, Etc
Section 5-639 - Negligent Operation of Emergency Vehicle
Section 5-640 - Child Passenger Safety Technicians
Section 5-642 - Immunity for Transfer of Unclaimed Cremains of Veterans for Disposition