(1) No person who administers a vaccine required under the provisions of this part 17 shall be held liable for injuries sustained pursuant to such vaccine if:
The vaccine was administered according to the schedule of immunization establishedby the board of health;
There were no medical contraindications for administering such vaccine; and(c) The vaccine was administered using generally accepted clinical methods.
An action shall not be maintained for a vaccine-related injury or death until actionfor compensation for such alleged injury has been exhausted under the terms of the federal "National Childhood Vaccine Injury Act of 1986", 42 U.S.C. secs. 300aa-10 to 300aa-33, as such law is from time to time amended, provided the federal "National Childhood Vaccine Injury Act of 1986" applies to the particular vaccine administered.
If the injury or death which is sustained does not fall within the parameters of thevaccine injury table as defined in 42 U.S.C. sec. 300aa-14, as enacted on November 14, 1986, a rebuttable presumption is established that the injury sustained or the death was not due to the administration of the vaccine. Such presumption shall be overcome by a preponderance of the evidence.
Where a claim against a hospital, clinic, or provider arises from injuries resultingfrom the handling, storage, or distribution of vaccines required by this part 17, such hospital, clinic, or provider shall not be liable unless such injuries are the result of the negligent failure of an employee of such hospital, clinic, or provider to conform to recognized standards of practice which are necessary for the protection of public health.
A practitioner licensed to practice medicine pursuant to article 240 of title 12 ornursing pursuant to part 1 of article 255 of title 12 or the health care clinic, hospital, office of a
private practitioner, or county public health clinic at which the immunization was administered that relies on the health history and other information given by a person who has been delegated the authority to consent to the immunization of a minor pursuant to section 25-4-1704 (2.5) is not liable for damages related to an immunization resulting from factual errors in the health history or information given to the practitioner or the health care clinic, hospital, office of a private practitioner, or county public health clinic at which the immunization was administered by the person when such practitioner or health care clinic, hospital, office of a private practitioner, or county public health clinic reasonably relies upon the health history information given and exercises reasonable and prudent care in administering the immunization.
Source: L. 92: Entire part added, p. 1312, § 1, effective July 1. L. 96: (5) added, p. 585, § 4, effective July 1. L. 2019: (5) amended, (HB 19-1172), ch. 136, p. 1703, § 160, effective October 1. L. 2020: (5) amended, (HB 20-1183), ch. 157, p. 702, § 59, effective July 1.