Requires Dept. of Health to maintain a website w/ instructions how to submit vaccine adverse events & access state specific data on VAERS

State: ND
Bill Number: HB 1207
Position: SUPPORT
Action Required: NONE
Status: ENACTED, signed by Governor Doug Burgum on 4/21/2023, Effective date 8/1/2023; Chapter 23-12

Legislation Details:

UPDATE: 4/21/2023 - HB 1207 was enacted. It was signed by Governor Doug Burgum on 4/21/2023, effective date 8/1/2023. Chapter 23-12. View the enrolled version HERE. By 8/1/2023, the department of health and human services shall prominently display, on a website maintained by the department, a link to the federal vaccine adverse event reporting system, along with instructions on how to report an adverse event and how to access state - specific data. The department may compile its own data for use on this website.

UPDATE: 4/19/2023 - HB 1207 was sent to Governor Doug Burgum on 4/19/2023.

UPDATE: 4/17/2023 - HB 1207 was reported from the Senate with the Conference Committee reported adopted on 4/17/2023. 

UPDATE: 4/13/2023 - HB 1207 was reported back from conference committee in Senate and placed on the calendar for a full vote in the Senate on 4/13/2023.

UPDATE: 4/12/2023 - HB 1207 passed Second Reading in the House by vote of 89 Yeas, 0 Nays.

UPDATE: 4/10/2023 - HB 1207 was reported back from conference committee, and the House members acceded (accepted) the Senate version. HB 1207 was placed on calendar for the Full House to vote for the amended version. 

UPDATE: 4/3/2023 - House refused to concur with Senate amendments on 4/3/2023. The House appointed three conference committee members, Representatives Pritchard, Keifert, and K. Anderson, to resolve the differences. The amended bill can be viewed here

UPDATE: 3/14/2023 - HB 1207 was returned to the House to review the Senate Amendment on 3/14/2023. 

UPDATE: 3/13/2023 - HB 1207 passed the Second Reading in Senate as amended by a vote of 47 Yeas, 0 Nays on 3/13/2023.

UPDATE: 3/9/2023 - HB 1207 was reported DO PASS from the Senate Human Services Committee as amended by a vote of 4 Yeas, 1 Nay on 3/9/2023. HB 1207 with Senate Amendments reads:

The department of health and human services shall prominently display, on a website maintained by the department, a link to the federal vaccine adverse event reporting system, along with instructions on how to report an adverse event and how to access state - specific data. The department may compile its own data for use on this website.

NVIC supports this amendment because it makes information about the federal Vaccine Adverse Event Reporting System (VAERS) more easily accessible to the public. However, there is still the problem that many health care providers fail to report vaccine adverse events to VAERS. The amendment fails to require North Dakota vaccine providers to report adverse events and there is no penalty for failing to comply with the federal reporting requirements. Adding a penalty to this bill for providers who don't report vaccine adverse events would would make the bill more effective as it would cause more providers to make the federally required reports. However, the amendment does promote increased awareness about reporting vaccine reactions to the VAERS system, so we are changing our position from WATCH to SUPPORT.

NVIC has changed the title of our bill posting from "Requires the Dept. of Health to maintain a website regarding vaccine adverse events that can be from VAERS or compiled state data" to "Requires Dept. of Health to maintain a website w/ instructions how to submit vaccine adverse events & access state specific data on VAERS" to reflect these changes.

UPDATE: 3/3/2023 - HB 1207 is scheduled for a hearing in the Senate Human Services Committee on 3/8/2023 at 10:00 AM in the Fort Lincoln Room. Link to submit testimony by 8:00 AM on 3/8/2023 here.

UPDATE: 2/16/2023 - HB 1207 was referred to the Senate Human Services Committee on 2/16/2023. 

UPDATE: 2/15/2023 - HB 1207 received in the Senate on 2/15/2023.

UPDATE: 2/14/2023 - HB 1207 passed the Second reading in the full House by a vote of 86 Yeas, 5 Nays on 2/14/2023. 

UPDATE: 2/9/2023 - HB 1207 was reported back from the House Human Services Committee with a DO PASS and place on calendar recommendation on 2/9/2023 by a vote of 13 Yes, 1 No.  

UPDATE: 1/20/2023 - HB 1207 is scheduled for a hearing in the House Human Services Committee on 1/23/2023 at 11:00 AM in the Pioneer Room.  Link to submit testimony by 8:00 AM 1/ 20/2023 - https://www.ndlegis.gov/legend/committee/testimony/public-testimony/2011/?hearing=4785

HB 1207 was introduced and referred to the House Human Services Committee on 1/9/2023.  This bill is sponsored by Representatives Dick Anderson, Fegley, Thomas and Vedaa. 

This bill requires the department of health and human services to publish, on a website maintained by the department, North Dakota data regarding vaccine adverse events. The department may utilize federal vaccine adverse event reporting system data or the department may compile its own data for use on this website.

NVIC supports the public being able to easily access information about vaccine adverse events, so we support the intention of HB 1207.  However, the problem is many health care providers fail to report vaccine adverse events to the federal Vaccine Adverse Event Reporting System (VAERS).  Also, there is no penalty with the federal reporting requirements for not complying, and HB 1207 additionally does not include a penalty for not reporting these adverse events to VAERS or a requirement for North Dakota vaccine providers to report adverse events to the state.  Adding a penalty to this bill for providers who don't report vaccine adverse events would inspire more participation by providers to make the federally required reports.

These issues would need to be addressed in order for the new requirement proposed by this bill to be effective.  

https://www.ndlegis.gov/assembly/68-2023/regular/bill-overview/bo1207.html - text, status and history for HB 1207