Permits pharmacists to vaccinate minors & requires pharmacies report to DELVAX registry within 72 hours

State: DE
Bill Number: SB 165
Position: OPPOSE
Action Required: NONE
Status: ENACTED, signed by Governor John Carney & effective 8/17/2023; Public Law Number 169

Legislation Details:

UPDATE: 8/17/2023 - SB 165 was enacted, it was signed by the Governor John Carney and effective 8/17/2023; Public Law Number 169

UPDATE: 6/29/2023 - SB 165 passed the House on 6/29/2023 by a vote of 25 Yes, 16 Absent.

UPDATE: 6/21/2023 - SB 165 was reported out of the House Health and Human Development Committee by a vote of 5 favorable, 5 on its merits, and 0 unfavorable.

UPDATE: 6/16/2023 - SB 165 is scheduled for a hearing in the House Health & Human Development Committee on Wednesday, 6/21/2023 at 11:00 AM in the House Majority Hearing Room (H217). The agenda and testimony instructions can be found here. 

UPDATE: 6/15/2023 - SB 165 passed the Senate by a vote of 20 Yes, 1 Absent. 

UPDATE: 6/15/2023 - Senate Amendment 1 was approved and placed with SB 165.  This amendment deletes the word “adult” from line 28 of Senate Bill No. 165, and thus allows pharmacists to administer immunizations to minors pursuant to a valid prescription or physician-approved protocol approved by a licensed Delaware physician.  The bill title on the portal was changed from "Requires pharmacies report all vaccine administration to DELVAX registry within 72 hours, current req't to report to patient's physician within 72 hrs" to " Permits pharmacists to vaccinate minors & requires pharmacies report to DELVAX registry within 72 hours" to reflect this change.  NVIC continues to OPPOSE this bill. Senate Amendment 2 was also approved and placed with the bill but it is just clarifying a definition and does not change the scope of the bill or NVIC's position.  

UPDATE: 6/14/2023 - SB 165 was reported out of the Senate Legislative Oversight & Sunset Committee by a vote of 2 favorable, 2 on its merits, and 0 unfavorable.

UPDATE: 6/10/2023 - SB 165 is scheduled for a hearing in the Senate Legislative Oversight & Sunset Committee on Wednesday, 6/14/2023 at 3:00 PM in the Senate Hearing Room. The meeting notice is here. Instructions on how to testify at the hearing can be found here.

SB 165 was introduced and referred to Legislative Oversight & Sunset Committee in Senate on 6/6/2023. It is sponsored by Senator Nicole Poore.

SB 165 states new reporting requirements for pharmacies that administer vaccines. It says, "all vaccine administrations shall be reported to DELVAX within 72 hours of administration." This report to DELVAX shall include the patient’s name, the name of the immunization, inoculations, or vaccinations administered, site of injection, Lot and expiration, the facility that provided vaccination, and the date of administration, and shall be submitted electronically. Pharmacists, pharmacy interns, and nationally certified pharmacy technicians who have completed an accredited training program, are currently trained in CPR, and have notified the Delaware Board of Pharmacy, may administer immunizations via a prescriber’s order or protocol for patients 3 years of age and older."
The previous statute only required pharmacy to tell the patient's physician within 72 hours that a vaccine(s) had been given. SB 165 makes registry reporting mandatory for all vaccines administered in a pharmacy. 

NVIC is opposed to the mandatory tracking of vaccine records into DELVAX vaccine tracking database.

https://legis.delaware.gov/BillDetail?LegislationId=140525 - text, status, and history of SB 165


This amendment deletes the word “adult” from line 28 of Senate Bill No. 165, and thus allows pharmacists to administer immunizations to minors pursuant to a valid prescription or physician-approved protocol approved by a duly licensed Delaware physician.