|
UPDATE: 4/27/2022 - HB 939 enacted and in effect. This bill is identical to SB 647, which was also signed into law. The final version of HB 939 amends §32.1-41.1, Administration and dispensing of necessary drugs and devices during a declared disaster or state of emergency, and § 54.1-3408, Professional use by practitioners.
In its final form, the bill allows the Board of Health to allow persons who are not authorized to administer vaccines to do so through its own emergency orders. The bill contains specifications for who may be authorized in these instances.
Previously, the Board could only authorize these individuals to administer vaccines in accordance with the Governor's declarations of disaster or states of emergency, or the U.S. Secretary of Health and Human Services' declaration of an actual or potential bioterrorism incident or other actual or potential public health emergency.
UPDATE: 4/27/2022 - SB 647 enacted and in effect. This bill is identical to HB 939, which was also signed into law. The final version of the SB 647 amends §32.1-41.1, Administration and dispensing of necessary drugs and devices during a declared disaster or state of emergency, and § 54.1-3408, Professional use by practitioners.
In its final form, the bill allows the Board of Health to allow persons who are not authorized to administer vaccines to do so through its own emergency orders. The bill contains specifications for who may be authorized in these instances.
Previously, the Board could only authorize these individuals to administer vaccines in accordance with the Governor's declarations of disaster or states of emergency, or the U.S. Secretary of Health and Human Services' declaration of an actual or potential bioterrorism incident or other actual or potential public health emergency.
UPDATE: 4/27/2022 - The House and Senate concurred with the governor's recommendation for HB 939 and it was adopted.
UPDATE: 4/27/2022 - Both the Senate and the House concurred with the governor's recommendation for SB 647 and it was adopted.
UPDATE: 4/27/2022 - HB 939 placed on House Calendar.
UPDATE: 4/11/2022 - The governor recommends that the legislature insert the following text into line 257 of HB 939 after the word "health:"
"and for the limited purpose of administering vaccines as an approved countermeasure for such communicable, contagious, and infectious diseases."
The bill currently allows the Commissioner of Health to authorize persons who are not authorized by law to administer vaccines in accordance with protocols established by the Commissioner when the Board of Health has made an emergency order for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other dangers to the public life and health. This would clarify that this authorization includes instances when vaccines are an approved countermeasure for communicable, contagious, and infectious diseases.
UPDATE: 4/11/2022 - The governor recommends that the legislature insert the following text into line 257 of SB 647 after the word "health:"
"and for the limited purpose of administering vaccines as an approved countermeasure for such communicable, contagious, and infectious diseases."
The bill currently allows the Commissioner of Health to authorize persons who are not authorized by law to administer vaccines in accordance with protocols established by the Commissioner when the Board of Health has made an emergency order for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other dangers to the public life and health. This would clarify that this authorization includes instances when vaccines are an approved countermeasure for communicable, contagious, and infectious diseases.
UPDATE: 3/9/2022 - HB 939 bill text as passed House and Senate (HB939ER)
UPDATE: 3/2/2022 - SB 647 passed the House in a 97-3 vote as a substitute on 3/2/2022 and the Senate agreed to the substitute. The bill passed both the House and the Senate on 3/9/2022. Final version - http://leg1.state.va.us/cgi-bin/legp504.exe?221+ful+SB647H1+hil
UPDATE: 3/1/2022 - HB 939 passed the Senate (40-Y 0-N) on 2/28/2022
UPDATE: 2/24/2022 - HB 939 is scheduled for a hearing in the Senate Education and Health Committee on Thursday, Feb. 24th at 8:00 AM in Senate Committee Room A in the Pocahontas Building. Agenda - https://lis.virginia.gov/cgi-bin/legp604.exe?221+doc+S0410224&221+doc+S0410224
UPDATE: 2/24/2022 - SB 647 passed the House Health, Welfare and Institutions Committee in a 22-0 vote with a substitute which states that the bill will go into affect upon passage.
UPDATE: 2/23/2022 - SB 647 is scheduled for a hearing in the House Health, Welfare and Institutions Committee on 2/24/2022 at 8:30 AM in the House Committee Room. Agenda - https://virginiageneralassembly.gov/house/agendas/agendaItem.php?id=3459&ses=221
UPDATE: 2/16/2022 - SB 647 Passed Senate (40-Y 0-N)
SB 647 is on the agenda for the Senate Committee on Education & Health hearing on Feb. 10th at 8:00 AM in Senate Committee Room A/Pocahontas Building. See agenda - https://lis.virginia.gov/cgi-bin/legp604.exe?221+doc+S0410210 Video available here - https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
This bill is sponsored by Senator Dunnavant.
This bill would allow the Commissioner of Health to authorize persons who are not authorized by law to administer vaccines in accordance with protocols established by the Commissioner when the Board of Health has made an emergency order for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other dangers to the public life and health.
This bill is similar to HB 939. This bill is extremely broad and unnecessary.
See additions highlighted in yellow - https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB647+hil
Be it enacted by the General Assembly of Virginia:
1. That § 32.1-42.1 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-42.1. Administration and dispensing of necessary drugs, devices and vaccines during a declared disaster or emergency.
A. The Commissioner, pursuant to § 54.1-3408, may authorize persons who are not authorized by law to administer or dispense drugs or devices to administer or dispense all necessary drugs or devices in accordance with protocols established by the Commissioner when (i) the Governor has declared a disaster or a state of emergency or, the United States Secretary of Health and Human Services has issued a declaration of an actual or potential bioterrorism incident or other actual or potential public health emergency, or when the Board has made an emergency order pursuant to § 32.1-13 for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other dangers to the public life and health and for the limited purpose of administering vaccines as an approved countermeasure for such communicable, contagious, and infectious diseases; (ii) it is necessary to permit the provision of needed drugs or devices; and (iii) such persons have received the training necessary to safely administer or dispense the needed drugs or devices. Such persons shall administer or dispense all drugs or devices under the direction, control, and supervision of the Commissioner. For purposes of this section, "administer," "device," "dispense," and "drug" shall have the same meaning as provided in § 54.1-3401. The Commissioner shall develop protocols, in consultation with the Department of Health Professions, that address the required training of such persons and procedures for such persons to use in administering or dispensing drugs or devices.
B. Where the Commissioner, pursuant to subsection A, authorizes persons who are not otherwise authorized by law to administer vaccines, such persons shall include any of the following who, due to their education and training, are qualified to administer drugs: (i) any person licensed by a health regulatory board within the Department of Health Professions whose license is in good standing, or was in good standing within the 20 years immediately prior to lapsing; (ii) any emergency medical services provider licensed or certified by the Department whose license or certification is in good standing, or was in good standing within the 20 years immediately prior to lapsing; and (iii) any health professions student enrolled in an accredited program in the Commonwealth who is in good academic standing with such student's school and provided that the school certifies that the student has been properly trained in the administration of vaccines. A health professions student who administers vaccines pursuant to this section shall be supervised by any eligible health care provider who holds a license issued by a health regulatory board within the Department of Health Professions, and the supervising health care provider shall not be required to be licensed in the same health profession for which the student is studying. A person who is licensed as a nurse practitioner by the Boards of Medicine and Nursing or licensed as a physician assistant by the Board of Medicine who administers vaccines pursuant to this section may administer such vaccine without a written or electronic practice agreement. In the absence of gross negligence or willful misconduct, any such person authorized by the Commissioner or entity overseeing any such person who administers the vaccine pursuant to this section shall not be liable for (a) any actual or alleged injury or wrongful death or (b) any civil cause of action arising from any act or omission arising out of, related to, or alleged to have resulted in the contraction of or exposure to the communicable, contagious, and infectious disease or to have resulted from the administration of the vaccine.
HB 939 was engrossed and passed in the House as a substitute on 2/7/2022. This bill is sponsored by Delegate Robinson.
This bill would allow the Commissioner of Health to authorize persons who are not authorized by law to administer vaccines in accordance with protocols established by the Commissioner when the Board of Health has made an emergency order for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other dangers to the public life and health.
This bill is the same as SB 647, except that HB 939 adds the expanded authority to an additional section of law.
NVIC Advocacy opposes this bill because it is very broad and unnecessary.
See yellow highlights for additions: https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+HB939H1+hil
1. That §§ 32.1-42.1 and 54.1-3408 of the Code of Virginia are amended and reenacted as follows:
§ 32.1-42.1. Administration and dispensing of necessary drugs, devices and vaccines during a declared disaster or emergency
A. The Commissioner, pursuant to § 54.1-3408, may authorize persons who are not authorized by law to administer or dispense drugs or devices to administer or dispense all necessary drugs or devices in accordance with protocols established by the Commissioner when (i) the Governor has declared a disaster or a state of emergency or, the United States Secretary of Health and Human Services has issued a declaration of an actual or potential bioterrorism incident or other actual or potential public health emergency, or the Board has made an emergency order pursuant to § 32.1-13 for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other dangers to the public life and health and for the limited purpose of administering vaccines as an approved countermeasure for such communicable, contagious, and infectious diseases; (ii) it is necessary to permit the provision of needed drugs or devices; and (iii) such persons have received the training necessary to safely administer or dispense the needed drugs or devices. Such persons shall administer or dispense all drugs or devices under the direction, control, and supervision of the Commissioner. For purposes of this section, "administer," "device," "dispense," and "drug" shall have the same meaning as provided in § 54.1-3401. The Commissioner shall develop protocols, in consultation with the Department of Health Professions, that address the required training of such persons and procedures for such persons to use in administering or dispensing drugs or devices.
B. Where the Commissioner, pursuant to subsection A, authorizes persons who are not otherwise authorized by law to administer vaccines, such persons shall include any of the following who, due to their education and training, are qualified to administer drugs: (i) any person licensed by a health regulatory board within the Department of Health Professions whose license is in good standing, or was in good standing within the 20 years immediately prior to lapsing; (ii) any emergency medical services provider licensed or certified by the Department whose license or certification is in good standing, or was in good standing within the 20 years immediately prior to lapsing; and (iii) any health professions student enrolled in an accredited program in the Commonwealth who is in good academic standing with such student's school and provided that the school certifies that the student has been properly trained in the administration of vaccines. A health professions student who administers vaccines pursuant to this section shall be supervised by any eligible health care provider who holds a license issued by a health regulatory board within the Department of Health Professions, and the supervising health care provider shall not be required to be licensed in the same health profession for which the student is studying. A person who is licensed as a nurse practitioner by the Boards of Medicine and Nursing or licensed as a physician assistant by the Board of Medicine who administers vaccines pursuant to this section may administer such vaccine without a written or electronic practice agreement. In the absence of gross negligence or willful misconduct, any such person authorized by the Commissioner or entity overseeing any such person who administers the vaccine pursuant to this section shall not be liable for (a) any actual or alleged injury or wrongful death or (b) any civil cause of action arising from any act or omission arising out of, related to, or alleged to have resulted in the contraction of or exposure to the communicable, contagious, and infectious disease or to have resulted from the administration of the vaccine.
§ 54.1-3408. Professional use by practitioners.
P. In addition, this section shall not prevent the administration or dispensing of drugs and devices by persons if they are authorized by the State Health Commissioner in accordance with protocols established by the State Health Commissioner pursuant to §
32.1-42.1
when (i) the Governor has declared a disaster or a state of emergency
or
,
the United States Secretary of Health and Human Services has issued a declaration of an actual or potential bioterrorism incident or other actual or potential public health emergency
, or the Board of Health has made an emergency order pursuant to § 32.1-13 for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other dangers to the public life and health
; (ii) it is necessary to permit the provision of needed drugs or devices; and (iii) such persons have received the training necessary to safely administer or dispense the needed drugs or devices. Such persons shall administer or dispense all drugs or devices under the direction, control, and supervision of the State Health Commissioner.
https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB939 - text, status and history for HB 939
https://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+SB647
- text, status and history for SB 647
|