Authorizes pharmacists, pharmacy interns, and licensed advanced pharmacy technicians to administer an RSV vaccine to adults

State: NH
Bill Number: SB 35
Position: OPPOSE
Action Required: NONE
Status: ENACTED, Signed by Governor Christopher Sununu on 6/1/2023, Effective 6/1/2023, Chapter 53

Legislation Details:

UPDATE: 6/1/2023 - SB 35 was enacted. It was signed by GovernorChristopher Sununu and became effective on 6/1/2023. Chapter 53.

UPDATE: 5/23/2023 - SB 35 enrolled in House and Senate on 5/23/2023. 

UPDATE: 5/4/2023 - SB 35 was reported from the House floor with the committee recommendation of Out to Pass adopted by a voice vote on 5/4/2023. View adopted version HERE.

UPDATE: 4/19/2023 - SB 35 was reported with Ought to Pass recommendation from the House Health, Human Services and Elderly Affairs Committee  by a vote of 17 Yeas, 2 Nays on 4/19/2023. 

UPDATE: 4/12/2023 - SB 35 is scheduled for an Executive Session in the House Health, Human Services and Elderly Affairs Committee on Wednesday, 4/19/2023 at 11:30 am in the Legislative Office Building Room 201-203.

UPDATE: 3/23/2023 - SB 35 is scheduled for a hearing in the House Health, Human Services and Elderly Affairs Committee on 3/29/2023 at 10:30 am in the Legislative Office Building Room 201-203.

UPDATE: 3/20/2023 - SB 35 was introduced (in recess of) 3/16/2023 and referred to the House Health, Human Services and Elderly Affairs Committee on 3/20/2023.

UPDATE: 1/26/2023 - SB 35 passed the Full Senate on 1/26/2023 by a voice vote.

UPDATE: 1/18/2023 - SB 35 passed the Senate Health and Human Services Committee on 1/18/2023 by vote of 5 Yes - 0 No. The committee report is published here.

UPDATE: 1/18/2023 - SB 35 is scheduled for a hearing with the Senate Health and Human Services Committee at 9:15 am in Room 101. 

SB 35 was Introduced and referred to the Senate Health and Human Services Committee on 1/05/2023. It is sponsored by Senator Cindy RosenwaldThis bill authorizes pharmacists, pharmacy interns, and licensed advanced pharmacy technicians to administer an RSV vaccine to adults.  According to the Food and Drug Administration, there is no licensed vaccine for RSV for adults at the time this bill is filed.  This bill is not only premature, it is irresponsible. This act would take effect upon its passage.

NVIC is opposed to this bill as trivializes very real vaccine risks and serious reactions by allowing  the administration of the RSV vaccine in pharmacy settings, by non-medical personnel, ill prepared and ill equipped to manage possible reactions to the RSV vaccine. 

The serious health risks of administering an RSV vaccine exceed the training of any pharmacy staff, including registered pharmacists.  

This bill undermines the doctor patient relationship and removes critical health history screenings prior to vaccination. Vaccines, just like all pharmaceutical products, can cause injury and death in some people. As of January 1, 2023, The United States Government has paid out more than $4.9 billion dollars to vaccine victims through the National Vaccine Injury Compensation Program (VICP). As of 1/13/2023, There were 43,431 deaths and 2,407,011 adverse events reported to the US government's Vaccine Adverse Events Reporting System. Clearly, there are dangers associated with vaccines that should not be ignored with increasing those who can administer them.  

There is no doubt the pharmacy groups will support this bill, but it presents a serious conflict of interest because of the financial benefits they will receive if this bill passes.  

America’s biopharmaceutical research companies are developing 258 vaccines.  The U.S. Vaccine Market alone was $36.45 billion in 2018, and is expected to reach $58.4 billion by 2024 and pharmacies stand to increase their profits substantially by allowing pharmacy technicians to put those shots into customers.   

This conflict is compounded by the fact that neither pharmacists, pharmacy interns, nor advanced pharmacy technicians will have liability for the injuries and deaths caused by the vaccines they administer. Vaccines administrators are shielded from liability for vaccine injuries and deaths through the combination of the law passed by Congress in 1986 establishing the National Vaccine Injury Compensation Program and the 2011 Supreme Court Decision BRUESEWITZ ET AL. v. WYETH LLC, FKA WYETH, INC., ET AL. - text, status, & history of SB 35