Legislation Details:

UPDATE: 7/26/2024 - SB 559 was enacted, it was signed by Governor Christopher Sununu and became effective on 7/26/2024. Chapter No. 0307. View the Final Version HERE. 

UPDATE: 7/15/2024 - SB 559 was enrolled on 7/15/2024. View the Enrolled Version HERE. 

UPDATE: 5/30/2024 - SB 559, as amended in the House, was concurred in the Senate by a voice vote on 5/30/2024. 

UPDATE: 5/23/2024 - SB 559 passed the House 3rd reading and final passage by a vote of on 5/23/2024. View the Current Version HERE. 

UPDATE: 5/23/2024 - SB 559, with the Majority Committee Report of "Ought to pass with Amendment" (#2024-1831h), was adopted on the House floor by a division vote of 192-171 on 5/23/2024. 

UPDATE: 5/8/2024 - SB 559 was reported in the House Health, Human Services and Elderly Affairs Committee with the Majority Committee Report as "Ought to Pass with Amendment" by a vote of 11-9 and the Minority Committee Report as "Inexpedient to Legislate" on 5/8/2024. The Majority Committee Report Amendment (#2024-1831h) confines the type of biological product to the respiratory syncytial virus (RSV) biological product. This amendment restricts the biological products for which the state will be financially liable. 

NVIC does not take a position on the restriction of biological products to only the respiratory syncytial virus biological product. The bill only relates to the State's purchase and procurement of RSV biological products/vaccines. 

This amendment does not require a position change to our portal bill and remains as WATCH, however, it necessitate a title change from "Adds biological products to NHVA, opposed expansive change to definition of "vaccine" removed" to "Adds RSV biological products to NHVA, opposed expansive change to definition of "vaccine" removed".

UPDATE: 5/2/2024 - SB 559 is scheduled for an executive session in the House Health, Human Services and Elderly Affairs Committee on 5/8/2024 at 11:00AM in Room 205-207 of the Legislative Office Building. Continue to contact the House Health, Human Services and Elderly Affairs Committee Members until a vote is taken. Sometimes a vote is not taken on the day of the hearing. 

UPDATE: 4/24/2024 - SB 559 is scheduled for an executive session in the House Health, Human Services and Elderly Affairs Committee on 5/1/2024 at 10:00AM in Room 210-211 of the Legislative Office Building. Continue to contact the House Health, Human Services and Elderly Affairs Committee Members until a vote is taken. Sometimes a vote is not taken on the day of the hearing. 

UPDATE: 4/17/2024 - SB 559 is scheduled for a hearing in the House Health, Human Services and Elderly Affairs Committee on 4/25/2024 at 2:00PM in Room 206-208 of the Legislative Office Building. Continue to contact the House Health, Human Services and Elderly Affairs Committee Members until a vote is taken. Sometimes a vote is not taken on the day of the hearing.

UPDATE: 4/2/2024 - SB 559 was referred to the House Health, Human Services and Elderly Affairs Committee on 4/2/2024. 

UPDATE: 3/21/2024 - SB 559 passed the 3rd Senate Reading and Final Passage on 3/21/2024. View the Senate Journal HERE. 

UPDATE: 3/21/2024 - SB 559 was motioned on the Senate floor to adopt the Senate Finance Committee report of "Ought to Pass" and was ordered to the 3rd Senate reading on 3/21/2024. View the Senate Journal HERE. 

UPDATE: 3/19/2024 - SB 559 was reported with the recommendation as "Ought to Pass" in the Senate Finance Committee by a vote of 7-0 on 3/19/2024. 

UPDATE: 3/7/2024 - SB 559, as amended (#2024-0985), was motioned and adopted as "Ought to Pass with Amendment" in the full Senate by a voice vote and was referred to the Senate Finance Committee per Senate Rule 4-5 on 3/7/2024. View the Current Version HERE. 

UPDATE: 3/7/2024 - SB 559 was amended on the Senate floor by a voice vote on 3/7/2024. The amendment (2024-0985) replaces the entire bill and amends RSA 126-Q:1, III - X to establish the definition of "biological product" to RSA 126-Q regarding the statute governing the New Hampshire Vaccine Association (NHVA) and allow biologics to be eligible for New Hampshire Vaccine Association purchases for children under 19 years of age, with the exception of children who are covered under the federal Vaccines for Children Program, established under 42 U.S.C. section 1396s.

V-a.  “Biological product” means any biological product, including monoclonal antibody products, that has been approved by the federal Food and Drug Administration and recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention to be added to the Vaccines for Children program and has been authorized by the commissioner of the department of health and human services for administration to children of the state of New Hampshire under the age of 19 years for the purposes of protecting against diseases caused by infectious pathogens. 

Because the amendment strikes everything in the introduced version of the bill, SB 559 no longer contains the expansive definition of vaccine that NVIC opposed in the introduced version of the bill. NVIC does not take a position on the addition of the definition and assessment of biologics. This amendment necessitates a position change to our portal bill post from OPPOSE to WATCH, and a title change from "Changes definition of vaccine to remove 'for the purpose of producing immunity' " to "Adds biological products to NHVA, opposed expansive change to definition of "vaccine" removed." The attempted change to the definition of "vaccine" (RSA 126-Q:1, XI) failing is a win. 

UPDATE: 2/15/2024 - SB 559 is eligible for a Senate floor vote as of 2/15/2024. 

UPDATE: 2/8/2024 - SB 559 was recommended "Ought to Pass" in the Senate Health and Human Services Committee by a vote of 4-1 on 2/8/2024. View the Senate Committee Report HERE. 

UPDATE: 1/31/2024 - SB 559 was heard in the Senate Health and Human Services Committee on 1/31/2024. View the Senate Hearing Report HERE. 

UPDATE: 1/31/2024 - SB 559 is scheduled for a hearing in the Senate Health and Human Services Committee on Wednesday, 1/31/2024 at 10:00 AM in SH Room 100. View the hearing agenda HERE.  

SB 559 was introduced in the Senate and referred to the Senate Health and Human Services Committee on 1/3/2024. This bill is sponsored by Senator Suzanne "Sue" Prentiss. 

SB 559 changes the definition of "vaccine" in state code. The bill's sponsor justified the definition change to ensure NHVA funds could be used to purchase the new RSV vaccine, nirsevimab (Beyfortus™). It is currently ineligible because it is a monoclonal antibody that was developed under a different process than traditional vaccines which are created on killed or weakened microorganisms. A consequence of changing the vaccine definition is that new mRNA vaccines could be purchased with NHVA funds, as they would fall under the proposed new definition.

The bill changes the definition of "vaccine" as it is listed in Chapter 126-Q of the Title X Public Health Code:

The current definition is: "Vaccine" means any preparations of killed microorganisms, living attenuated organisms, or living fully virulent organisms that are approved by the federal Food and Drug Administration and recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention and have been authorized by the commissioner of the department of health and human services for administration to children of the state of New Hampshire under the age of 19 years for the purposes of producing or artificially increasing immunity to particular life-threatening and disabling diseases.

The proposed new definition is: "Vaccine" means, for the purposes of this chapter, any immunization administered through vaccination that has been approved by the federal Food and Drug Administration and recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention to be added to the Vaccines for Children program and has been authorized by the commissioner of the department of health and human services for administration to children of the state of New Hampshire under the age of 19 years for the purposes of protecting against diseases caused by infectious pathogens. 

NVIC OPPOSES SB 559 because the more expansive definition of "vaccine" includes mRNA technologies. These products do not currently fall under the state definition of vaccines. The proposed definition allows for the NHVA to substitute current vaccines for those utilizing mRNA technology without the consent of the residents of New Hampshire. The newness of the technology means no long term studies on health outcomes have been done, so giving true informed consent for the products would be impossible. With mandated vaccines, passage of these laws could find those who take vaccines for school entrance unknowingly receiving new mRNA vaccines which have unknown health consequences. State funding issues should not have priority over the health and potential long-term implications of changing the vaccine definition. A better and much less dangerous approach would be to change how the RSV vaccine could be funded. 

On January 25, 2023,  NVIC submitted a referenced public comment to the U.S. Food and Drug Administration's Vaccines and Related Biological Products Advisory Committee (FDA VRBPAC) calling for the withdrawal of mRNA COVID-19 vaccines from the market. Link

A recent article on the Penn Medicine website about mRNA vaccines had a quote by Drew Weissman, MD, PhD, “We're working on every imaginable infectious disease." It goes on to discuss the new and innovative ways mRNA technology is being used. Their researchers are at the forefront of mRNA vaccines for numerous infectious diseases. 

https://gencourt.state.nh.us/bill_status/legacy/bs2016/results.aspx?sortoption=billnumber&txtsessionyear=2024&txtbillnumber=SB559 - text, status, and history of SB 559.