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Adds new vaccines that pharmacists can administer under standing orders and expands data sharing

Location: IN
Title: Adds new vaccines that pharmacists can administer under standing orders and expands data sharing
Identifier: SB 51
Stance: OPPOSE
Action Required: None at this time
Status: Enacted, public law 96, effective 7/1/2017

Description:

UPDATE: 5/22/2017 - SB 51 was signed by the governor on 4/21/2017, Public Law 96, effective 7/1/2017.

The final version allows the state health commissioner or the commissioner's designated public health authority to issue a statewide standing order, prescription, or protocol that allows a pharmacist to administer or dispense an immunization that is recommended by the federal Centers for Disease Control and Prevention Advisory Committee on Immunization Practices for individuals who are not less than eleven (11) years of age.  The following vaccines were added: (7) Measles, mumps, and rubella. (8) Varicella. (9) Hepatitis A. (10) Hepatitis B. (11) Haemophilus influenzae type b (Hib).

This bill also allows the state department to release information in the immunization data registry concerning an individual to the following persons or entities: (11) An entity, including a private entity, for the purpose of outreach and education to increase immunization rates.

This bill was amended with the same language as HB 1540 that refers to IC 16-41-9-1.7 allowing for isolation and quarantine of individuals who refuse vaccination.  IC 16-41-9-1.7(a)(2)

This section added by amendment would allow for isolation and quarantine for individuals including children who refuse vaccination.  This section also refers back to Section 1.5 that states:

(p) A public health authority that imposes a quarantine that is not in the person's home: (1) shall allow the parent or guardian of a child who is quarantined under this section; and (2) may allow an adult; to remain with the quarantined individual in quarantine. As a condition of remaining with the quarantined individual, the public health authority may require a person described in subdivision (2) who has not been exposed to a dangerous communicable disease to receive an immunization or treatment for the disease or condition, if an immunization or treatment is available and if requiring immunization or treatment does not violate a constitutional right. 

IC 16-41-9-1.7 Immunization programs Sec. 1.7. (a) An immunization program established by a public health authority to combat a public health emergency involving a dangerous communicable disease must comply with the following: (1) The state department must develop and distribute or post information concerning the risks and benefits of immunization. (2) No person may be required to receive an immunization without that person's consent. No child may be required to receive an immunization without the consent of the child's parent, guardian, or custodian. The state department may implement the procedures described in section 1.5 of this chapter concerning a person who refuses to receive an immunization or the child of a parent, guardian, or custodian who refuses to consent to the child receiving an immunization. (b) The state department shall adopt rules to implement this section. The absence of rules adopted under this subsection does not preclude the public health authority from implementing any provision of this section. As added by P.L.138-2006, SEC.8.  

This bill also allows the state department to release information in the immunization data registry concerning an individual to the following persons or entities: (11) An entity, including a private entity, for the purpose of outreach and education to increase immunization rates. 

UPDATE: 4/5/2017 - SB 51 passed the full house with an amendment and sent back to the senate on 4/5/2017.  

UPDATE: 3/31/2017 - SB 51 passed the House Committee on Public Health on 3/30/2017.

UPDATE: 3/9/2017 - SB 51 was referred to the House Committee on Public Health on 2/28/2017. 

UPDATE: 1/30/2017 - SB 51 passed the full Senate on 1/30/2017.  The bill will now go to the House for consideration.  The House Sponsor is Representative Davisson and cosponsors Representatives Clere and Stemler.  

UPDATE: 1/24/2017 - SB 51 passed the Senate Committee on Health and Provider Services on 1/23/2017.

UPDATE: 1/17/2017 - SB 51 is scheduled for a hearing on 1/18/2019 at 10:00 am in Room 431.  agenda - https://iga.in.gov/documents/12b0f08e 

SB 51 has been prefiled and will have it's first reading on 1/3/2017.  This bill is sponsored by Senator Ronald Grooms and has been referred to the Senate Committee on Health and Provider Services. 

SB 51 expands current law that allows pharmacists to administer some vaccines to children and adults.  Current law requires that the parent give consent and be present before children 11 to 18 can be administered a vaccine.  However, this consent requirement does not apply if the state department of health or the department of homeland security determine that an emergency exists. 

The bill will add Measles, mumps, and rubella (MMR),  Varicella, Hepatitis A, Hepatitis B and  Haemophilus influenzae type b (Hib) to the current list of vaccines that pharmacists can administer.  

Current law,  states:

(d) If the state department of health or the department of homeland security determines that an emergency exists, a pharmacist may administer any immunization in accordance with: (1) the requirements of subsection (c)(1) through (c)(3); and

(2) any instructions in the emergency determination. 

The section that requires consent in current law is in section (c)(4) and (c)(5).  See page 3 lines 3 to 39 of SB 51 as introduced. 

Consent should be required and a parent should be present when a pharmacist administers a vaccine regardless if there is a declared emergency or not.  

https://iga.in.gov/legislative/2017/bills/senate/51#document-6b5fa72d - text, status and history