1. (a) In this section, “Secretary” means the Secretary of Health.

2. (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. (1) Is administered to immunize an individual against a disease; or
   2. (2) Is approved by the United States Food and Drug Administration for the purpose for which the drug or vaccine is administered.
3. (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.

4. (d) This section does not exempt:

   1. (1) A person from liability for gross negligence;
   2. (2) A drug manufacturer from the duty to use ordinary care in preparing and handling a drug or vaccine; or
   3. (3) A person from liability that arises out of the improper or illegal administration of a drug or vaccine.

Added as Courts and Judicial Proceedings § 5-372 by Acts 1990, c. 546, § 3. Renumbered as Courts and Judicial Proceedings § 5-629 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 2017, c. 62, § 6.