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UPDATE: 3/14/2024 - ENACTED; SB 6095 was signed by Governor Jay Inslee on 3/14/2024. Chapter 100, 2024 Laws, Effective date 6/6/2024.
UPDATE: 3/7/2024 - SB 6095 was delivered to the Governor on 3/7/2024.
UPDATE: 2/27/2024 - SB 6095 passed the House 3rd Reading and final passage by a vote 59 Yeas, 37 Nays, 2 Excused on 2/27/2024.
UPDATE: 2/24/2024 - SB 6095 is eligible for a House floor vote as of 2/24/2024.
UPDATE: 2/20/2024 - SB 6095 passed the House Health Care and Wellness Committee by a vote of 9 Do Pass, 7 Do Not Pass, on 2/20/2024.
UPDATE: 2/14/2024 - SB 6095 is scheduled for an executive session in the House Health Care and Wellness Committee on Tuesday, 2/20/2024 at 1:30PM in House Hearing Room A in the John L. O'Brien Building. View the Hearing Agenda HERE.
UPDATE: 2/14/2024 - SB 6095 is scheduled for a hearing in the House Health Care and Wellness Committee on Friday, 2/16/2024 at 8:00AM in House Hearing Room A in the John L. O'Brien Building. View the Hearing Agenda HERE.
UPDATE: 2/13/2024 - SB 6095 was referred to the House Health Care and Wellness Committee on 2/13/2024.
UPDATE: 2/9/2024 - SB 6095 was engrossed and passed the Senate 3rd reading by a vote of 30 Yeas, 19 Nays, on 2/9/2024.
UPDATE: 2/9/2024 - SB 6095 was amended on the Senate floor with two amendments adopted by voice votes on 2/9/2024. The amendments significantly improve the bill by clarifying that the bill does not grant all-encompassing liability protections or the authority to mandate vaccines or treatment. However, the bill does not prevent the Secretary from ordering vaccinations or treatment under other existing statutes. NVIC can't support this bill because standing orders implemented with the passage of this bill would make vaccination orders issued under the authorization by other statutes easier to carry out. Therefore, we are changing our position on this bill from an OPPOSE to a WATCH status. These amendments do not require a title change to the bill post and the title remains as, "Establishes authority for the secretary of health or designee to issue standing orders for biological products including vaccines without liability." An improvement to this bill would be to remove the authority of anyone outside of the legislature to mandate vaccines in any situation. Another improvement would be to include requiring anyone administering a vaccine under a standing order to have to discuss and screen for contraindications, disclose possible adverse effects, and obtain written informed consent from the individual acknowledging these disclosures with penalties for those who do not comply with the disclosure requirements.
Amendment S4962.1 amends subsection (3) providing liability protections to clarify that these protections do not apply to acts or omissions constituting gross negligence or willful or wanton misconduct. This is an improvement over the filed language of all-encompassing liability protection.
Amendment S4960.1 adds a new subsection (10) that states "Nothing in this section shall be construed to allow the secretary or the secretary's designee to issue a standing order to require a person to take a drug or biological product or withhold a drug or biological product from a person." This is a big improvement to the bill and alleviates NVIC's major concern that this bill would empower the secretary or their designee to force vaccination in their capacity to issue a standing order.
UPDATE: 2/7/2024 - SB 6095 is eligible for a Senate 2nd reading as of 2/7/2024.
UPDATE: 1/26/2024 - SB 6095 was recommended for passage in the Senate Health and Long Term Care Committee by a vote of 6 Do Pass, 2 Do Not Pass, on 1/26/2024.
UPDATE: 1/18/2024 - SB 6095 was heard in the Senate Health and Long Term Care Committee on 1/18/2024 but no vote was recorded.
SB 6095 was introduced on 1/9/2024 and passed in the Senate Health and Long Term Care Committee on 1/9/2024. This bill is sponsored by Senator June Robinson.
SB 6095 adds a new section to Chapter 43.70 regarding the Department of Health to establish authority for the secretary of health or designee to issue standing orders for biological products including vaccines.
Subsection (1) allows the secretary, or department employee designated by the secretary, to issue prescriptions or standing orders for biological products, devices, or drugs with the purpose to control and prevent the spread of, mitigate, or treat any infectious or non infectious disease or threat to public health as a legitimate medical purpose.
Subsection (2) requires applicable licensing requirements to issue a prescription or standing order in accordance with this section.
Subsection (3) allows the secretary, or department employee designated by the secretary, to have sole discretion to issue prescriptions or standing orders. This subsection also removes any civil or criminal liability or damages or any professional disciplinary action related to the issuance of prescriptions or standing orders for the secretary, department employee designated by the secretary and the state.
Subsection (4) allows the secretary or the secretary's designee to place limitations on the use of a prescription or standing order issued, and it is recommended that it should include appropriate recommendations for follow-up care.
Subsection (5) requires the secretary or the secretary's designee to solicit and consider the recommendations of the local health officers for the geographic areas to which the standing order will apply, with the exception if doing so would result in a delay that is likely to endanger public health. This subsection also allows the secretary or the secretary's designee, at their discretion, to solicit and consider the recommendations of stakeholders and persons with relevant knowledge.
Subsection (6) allows the secretary, the secretary's designee, and department employees to acquire, possess, deliver, dispense, and administer biological products, devices, or drugs under a prescription or standing order, provided they have a valid license. This subsections also allows other persons to acquire, possess, deliver, dispense, and administer biological products, devices, or drugs under a prescription or standing order issued by the secretary or the secretary's designee as otherwise provided by law.
Subsection (7) includes "a vaccine" in the definition of a biological product for the purposes of this new section. This Subsection also defines "person" to mean any individual, corporation, government governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.
NVIC OPPOSES SB 6095 because standing orders for vaccinations are vaccine mandates and they remove the ability for someone to make an informed decision. This bill was requested by the Department of Health and titled as "Establishing clear authority for the secretary of health to issue standing orders". The background for this bill in the Senate Bill Report references the vaccine mandates issued by the secretary during the COVID-19 pandemic which was under now expired federal emergency authorization.
The Secretary of Health is an appointed position and is not elected by the people. SB 6095 allows the secretary, or the secretary's designee, to mandate ANY vaccine under a standing order with the purpose to control and prevent the spread of, mitigate, or treat any infectious or non infectious disease or threat to public health as a legitimate medical purpose without ANY civil or criminal liability or damages or any professional disciplinary action. This bill also removes the state from any liability in relation to vaccine mandates issued by standing order.
SB 6095 applies a one-size-fits-all approach for everyone and that is dangerous to patients because everyone is different and can respond differently to vaccinations. This bill is a complete conflict of interest. The Department of Health should not be requesting legislation that "establishes clear authority" for vaccine mandates to bypass the legislature while negating any liability.
NVIC does not take a position on the bill's provisions which are unrelated to vaccines or the power to order them without consequences.
https://app.leg.wa.gov/billsummary?BillNumber=6095&Year=2023 - text, status, and history of SB 6095
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