Section 5-629 - Person administering drug or vaccine. - Maryland Statutes

§ 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.]