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Immunization Legislation 2005

The following chart shows legislative activity on a variety of topics involved in immunization policy. Many states allow bills to be "carried over" into the second year of a biennium, so you will see some bills that have not show action since last year. These bills still have the potential to move back into the system during the 2006 sessions. NCSL tries to track all active legislation, but sometimes we miss a bill.

Bills Shaded in Blue are enacted

 Exemptions  Insurance Mandates  Long Term Care  Meningitis
 Mercury  Miscellaneous  Pharmacists  Public Assistance
 Registry  School Requirements  Scope of Practice  

Exemptions

 

AZ S.B. 1033

Concerns school attendance during health outbreaks; relates to immunization and parental objections.

FL H.B. 1111

Died in committee.,  Relates to immunization of children; amends provision regarding licensing standards for child care facilities to provide exemption from immunization requirements for children whose parents have objected in writing; provides for rules to allow exceptions to requirements that child of applicant for temporary family assistance receive certain immunizations; provides that vaccine used for immunizing minor in this state may not contain thimerosal or mercury.

FL H.B. 1509

Died in committee.,  Relates to public records exemptions; provides exemption from public records requirements for proprietary business information of the Florida Vaccine Research Institute and not-for-profit corporation established to govern and manage the institute; provides exemption from public meetings requirements for meetings of not-for-profit corporation; provides for future review and repeal; provides statement of public necessity.

FL S.B. 890

Laid on table.  Relates to students and parent rights; authorizes certain K-12 students to self-administer epinephrine by auto-injector under certain circumstances; requires adoption of rules; provides for indemnification.

MD H.B. 1210

Exempts individuals who object to immunizations for reasons of conscience or whose parents or guardians object to immunizations for reasons of conscience from specified immunization requirements; requires the Department of Health and Mental Hygiene to adopt specified rules and regulations regarding exemptions from immunization requirements.

MS H.B. 865

Died in committee.  Vaccinations; allow exemption from for school attendance with certificate from physician.

NJ A.B. 2620

Permits exemptions from certain medical examination and testing, vaccination and medical treatment requirements during public health emergencies.

NJ S.B. 1592

Provides for philosophical exemption to mandatory immunizations.

NY A.B. 883

Removes requirement that religious beliefs be genuine and sincere in order to provide an exemption from mandatory immunizations for students.

NY A.B. 884

Clarifies ambiguities regarding the medical exemption for mandatory immunizations for students.

NY A.B. 885

Enacts the Philosophical Exemption to Immunizations Act in order to establish an exemption to mandatory immunizations.

NY A.B. 8383

Provides protections to parents who decline to have their children immunized on the basis of religious beliefs; allows a parent to submit an affidavit stating that the parent, parents or guardian hold genuine and sincere religious beliefs.

NY S.B. 303

Removes requirement that religious beliefs be genuine and sincere in order to provide an exemption from mandatory immunizations for students.

NY S.B. 304

Clarifies ambiguities regarding the medical exemption for mandatory immunizations for students.

NY S.B. 305

Enacts the Philosophical Exemption to Immunizations Act in order to establish an exemption to mandatory immunizations.

NY S.B. 4693

Provides protections to parents who decline to have their children immunized on the basis of religious beliefs; allows a parent to submit an affidavit stating that the parent, parents or guardian hold genuine and sincere religious beliefs.

WV H.B. 3238

Providing an exemption from mandatory immunizations for school children on the basis of conscientious or religious belief.

WV S.B. 523

Providing exemption from mandatory immunizations for certain school children.

Insurance Mandates  
 

CO H.B. 1161

 

Eligible for GOVERNOR'S desk.,  Concerns reporting immunization information, and, in connection therewith, creating the immunization tracking fund and allowing qualified insurance companies to claim a credit against insurance premium tax for cash contributions to the fund.

 

IL H.B. 637

 

Amends the State Employees Group Insurance Act of 1971, the Counties Code, the Municipal Code, the School Code, the Insurance Code, the Health Maintenance Organization Act, and the Voluntary Health Services Plans Act. Provides that an individual or group policy of accident and health insurance or managed care plan must provide specified coverages. Deletes a Section requiring coverage for AIDS vaccine. Requires coverage of pain medication ordered by the applicant's physician in all branches.

 

NV A.B. 522

 

Prohibits managed care organizations from requiring providers of health care to assume financial risk for costs of acquiring immunizations for children under certain circumstances.

 

NJ A.B. 1456

 

Concerns coverage for childhood immunizations.

 

NJ A.B. 2162

 

Requires health insurers to cover Hepatitis B vaccination costs.

 

NJ S.B. 686

 

Requires health insurers to cover Hepatitis B vaccination costs.

 

NJ S.B. 2029

 

Requires health benefits coverage for expenses incurred in purchase and administration of flu vaccine.

 

NJ S.B. 2284

 

Mandates health insurance coverage for Lyme disease vaccination.

 

NY S.B. 2560

 

Requires every health insurance policy which provides hospital, surgical or medical coverage to provide coverage for expenses incurred in a health promotion program through health wellness examinations and counseling; such examinations and counseling shall include hemoglobin tests, blood pressure checks, glucose tests, blood cholesterol readings, glaucoma tests, stoll exams, colon exams, immunizations, and annual wellness consultations.

Long Term Care  
 

CA A.B. 1711

 

Authorizes a registered nurse or license pharmacist to administer in skilled nursing facilities influenza and pneumococcal immunizations to a patient over 50 years of age, pursuant to standing orders and without patient-specific orders, if the immunization standing orders that are not patient specific meet prescribed federal recommendations and are approved by the medical director of the facility.

 

FL H.B. 1073

 

Died in committee.,  Relates to immunizations; requires assisted living facilities to implement program to offer immunizations to residents against influenza viruses; requires each district school board and governing authority of each private school to provide information concerning meningococcal disease and its vaccine to parents; requires DOH to adopt rules specifying age or grade level of students for whom such information will be provide.

 

FL S.B. 1696

 

Died on calendar.,  Relates to immunizations; requires assisted living facilities to implement program to offer immunizations to residents against influenza viruses; requires each district school board and governing authority of each private school to provide information concerning meningococcal disease and its vaccine to parents; requires Department of Health to adopt rules specifying age or grade level of students for whom such information will be provided.

 

IL S.B. 197

 

Amends the Assisted Living and Shared Housing Act and the Nursing Home Care Act. Provides that an assisted living establishment or shared housing establishment that provides medication administration as an optional service shall administer a vaccination against tetanus to each resident; also provides that a nursing home shall administer a vaccination against tetanus to each resident.

 

IL S.B. 1220

 

Amends the Home Health Agency Licensing Act. Provides that a home health agency shall annually administer a vaccination against influenza to each client. Provides that in an assisted living or shared housing establishment or in a nursing home, influenza vaccinations for all residents under age 65 with a chronic medical condition shall be completed by a specified date.

 

OH H.B. 257

 

Requires nursing homes and other homes for the elderly to offer residents vaccinations against influenza and pneumonia; requires hospitals to offer certain patients vaccinations against influenza and pneumonia.

 

TX H.B. 1969

 

Committee report printed and distributed.,  Relates to the immunization of elderly persons by certain health care facilities.

 

TX S.B. 1330

 

Relates to the immunization of elderly persons by certain health care facilities.

 

VA H.B. 1178

 

Chapter No. 762,  Requires the offering of vaccines in certified nursing facilities, nursing homes and vaccination against influenza and a pneumococcal vaccination, unless the vaccination is medically contraindicated or the resident declines.

 

WV S.B. 634

 

Provides certain immunizations for elderly persons.

Meningitis

 

AK H.B. 185

Chapter No. 21,  An Act relating to immunization of postsecondary students for meningitis; and providing for an effective date.

AK S.B. 30

Relates to immunization of postsecondary students for meningitis.

GA H.B. 813

Relates to health of students in elementary and secondary education, so as to require that parents and guardians of students are provided with information about meningococcal meningitis and its associated vaccine or vaccines at the beginning of every school year; to provide for the development of sample educational materials by the Department of Human Resources; to provide for related matters; to repeal conflicting laws.

GA S.B. 349

 Relates to health of students in elementary and secondary education, so as to require that parents and guardians of students are provided with information about meningococcal meningitis and its associated vaccine or vaccines at the beginning of every school year; to provide for the development of sample educational materials by the Department of Human Resources; to provide for related matters; to repeal conflicting laws.

 

IN S.B. 326

 

Public Law No. 76,  Requires public and nonpublic schools to distribute materials concerning meningococcal meningitis and its vaccines; requires the Department of Education to develop the material to be distributed; provides for medication possessed by a school for administration to a student to be released to the student's parent or an individual who is at least 18 years of age or sent home with the student, if the student's parent provides written permission.

KS H.B. 2396

Concerns public postsecondary educational institutions; relates to students residing in on- campus housing; concerns procedure for submitting evidence of meningococcal disease vaccinations or certain affidavits.

MA S.B. 1247

Filed as Senate Docket 544,  Regulates college students meningococcal disease immunization.

MA S.D. 544

Assigned SENATE Bill No. 1247,  Relates to meningococcal immunization and students.

MN H.B. 2470

Relates to education; requires schools to inform students about meningococcal meningitis and influenza and their vaccines.

MN S.B. 2300

Relates to education; requires schools to inform students about meningococcal meningitis and influenza and their vaccines.

NJ S.B. 545

Withdrawn from further consideration.,  Requires meningococcal vaccinations for new residential students at four-year institutions of higher education.

VA S.B. 892

Requires school boards to ensure that all schools in the division include information regarding meningococcal meningitis and related vaccinations in those materials currently required to be distributed at the beginning of each school year to parents.

WA H.B. 1463

Chapter No. 404,  Requires schools to provide information on meningococcal immunization.

Mercury

 

DE H.B. 108

 

Requires that all immunizations be free of mercury on account of the potential harmful effects it may have on an individual, especially children under 6- years of age and pregnant women; physicians who administer immunizations prohibited by this Act are responsible for any costs associated with such immunization if an insurance company refuses to cover those costs. Additionally, pursuant to 16 Del. C. Section 107(a), violators of this section shall be fined not less than $100 and not more than $1000.

 

FL S.B. 690

 

Died in committee.,  Relates to immunizations; prohibits vaccinating a woman who is knowingly pregnant or a child who is younger than a specified age with a vaccine that contains mercury or injecting such a woman or child with a product that contains more than a specified amount of mercury; prohibits vaccinating a woman who is knowingly pregnant or a child under a specified age with an influenza vaccine that contains more than a specified amount of mercury.

 

IL S.B. 1679

Creates the Mercury-Free Vaccine Act. Provides that a person who is knowingly pregnant or who is under 3 years of age shall not be vaccinated with a mercury- containing vaccine or injected with a mercury- containing product that contains more than 0.5 micrograms of mercury per 0.5 milliliter dose. Provides that a person who is knowingly pregnant or who is under 3 years of age shall not be vaccinated with a mercury-containing influenza vaccine.

IL H.B. 511

 

Creates the Mercury-Free Vaccine Act. Provides that no person shall be vaccinated with a vaccine or injected with any product that contains as an additive, thimerosal or other mercury-based product. Provides that the Department of Public Health may exempt the use of a vaccine from the Act if the Department finds that an actual or potential bio- terrorist incident or other public health emergency makes necessary the administration of a vaccine containing mercury.

 

MA S.B. 1215

Relates to immunizations. Prohibits immunizations administered by the Department of Health or a medical professional from containing mercury or thimerosal; requires health insurers to cover mercury free vaccines.

MA H.D. 4362

 

Assigned HOUSE Bill No. 3836.,  Relates to prohibiting the use of certain vaccines and serums containing mercury.

MA H.B. 3836

Relates to prohibiting the use of certain vaccines and serums containing mercury.

MD H.B. 86

Prohibits, on or after July 1, 2006, children under the age of 3 years and women who are known to be pregnant from being vaccinated with a vaccine that contains, or injected with a product that contains, mercury or other heavy metals.

ME L.R. 1080

Assigned Senate Paper number 54 and LD 148.,  Requires certain physicians to provide information about Thimerosal in vaccines.

MN H.B. 1505

prohibits the use of certain vaccines containing mercury or mercury compounds.

MN S.B. 639

prohibits the use of certain vaccines containing mercury or mercury compounds.

MO S.B. 49

Prohibits immunizations containing mercury preservatives after January 1, 2007.

NC H.B. 1364  Pertains to the administration of thimerosal-free vaccines to pregnant women and certain-aged children.

NV A.B. 224

Prohibits person from administering or providing immunization which contains more than specified amount of mercury to certain persons.

NY A.B. 5543 Prohibits the administration of any vaccine or immunization that contains mercury.

NY S.B. 2707

Prohibits the administration of any vaccine or immunization that contains mercury.

OH S.B. 49

Limits the use of vaccines containing mercury.

OR S.B. 189

Modifies circumstances under which Department of Human Services may purchase or distribute vaccines containing thimerosal for use in persons under 18 years of age.

OR S.B. 823

Restricts use of vaccines containing mercury by pregnant women and children under three years of age; takes effect January 1, 2007.

PA H.B. 1162

Amends the Childhood Immunization Insurance Act of 1992. Further provides for definitions. Provides for mercury-free vaccines.

PA S.B. 391

Amends the Childhood Immunization Insurance Act of 1992. Further provides for definitions. Provides for mercury-free vaccines and for mercury disclosure.

RI H.B. 5729

Resolution No. 250,  Prohibits the use of thimerosal in vaccines and immunizations. This act would take effect upon passage.

TN H.B. 902

Concerns Insurance, Health, Accident; prohibits administration of immunizations to any person, including pregnant women, that contain mercury, trace amounts of mercury, or preservatives containing mercury, including but not limited to Thimerosal; prohibits insurer from making reimbursements for such immunizations and requires reimbursement for immunizations not containing such elements.

TN H.B. 956

prohibits vaccinations administered to children under eight years of age from containing mercury-based preservatives; allows commissioner of health an exemption in the case of a documented outbreak that requires use of vaccines containing mercury-based preservatives; requires insurers who cover vaccinations to charge the same percentage fee for vaccines that do not contain mercury-based preservatives.

TN S.B. 824

prohibits administration of immunizations to any person, including pregnant women, that contain mercury, trace amounts of mercury, or preservatives containing mercury, including but not limited to Thimerosal; prohibits insurer from making reimbursements for such immunizations and requires reimbursement for immunizations not containing such elements.

TN S.B. 1616

prohibits vaccinations administered to children under eight years of age from containing mercury-based preservatives; allows commissioner of health an exemption in the case of a documented outbreak that requires use of vaccines containing mercury-based preservatives; requires insurers who cover vaccinations to charge the same percentage fee for vaccines that do not contain mercury based preservatives as for those that do.

UT H.B. 146

Prohibits the Department of Health from purchasing or distributing pediatric vaccines that contain thimerosal, except in certain circumstances.

WA H.B. 2201

Prohibits vaccinating pregnant women and children with mercury containing vaccines.

WA S.B. 5305

Prohibits vaccinating pregnant women and children with mercury-containing vaccines.

Miscellaneous

 

IL H.B. 2374

Creates the Family Case Management Act. Requires the Department of Human Services to establish and administer a family case management program to help low-income families obtain available health and human services needed for healthy growth and development, including but not limited to immunizations, lead screenings, nutritional support, low birthweight and other specialized services for families with additional challenges and needs. Defines Targeted Intensive Case Managment. Amends reporting requirements.

IL H.B. 3821

Amends the College Student Immunization Act. Excludes private colleges and universities that do not provide on-campus housing from a definition of "post-secondary educational institution.

IN H.B. 1103

Requires the state Department of Health to prepare and publish forms disclosing the risks and benefits of vaccines and to publish forms allowing an adult or a parent or guardian of a child to exempt the adult or the child from receiving a vaccine; requires a health care provider to provide a copy of the appropriate forms to an adult and the parent or guardian of a child.

IN H.B. 1606

Requires the state department of health to publish and distribute forms disclosing the risks and benefits of vaccines against bioterrorism diseases and to publish and distribute forms for vaccination exemption by an adult or a parent or guardian of a child; requires a health care provider to provide a copy of the appropriate form to the adult or parent or guardian of a child receiving a vaccination.

IN S.B. 325

Requires health facilities to immunize patients against tetanus and diphtheria subject to determining patient status and obtaining informed consent.

MD H.B. 267

Chapter No. 200,  Extends the May 31, 2005 termination provision for the Statewide Advisory Commission on Immunizations.

 

ME S.B. 54

 

Requires the Department of Health and Human Services, Bureau of Health to prepare a poster and brochure on the use of thimerosal and other preservatives in vaccines. The bill requires physicians who administer vaccines to make the brochure available to patients and to display the poster. The bill requires the brochure and poster to be available on the Department of Health and Human Services' publicly accessible site on the Internet.

MO E.O. 11

 

93RD Orders that Department of Health and Senior Services and all health care providers and others that possess influenza vaccine adopt the Centers for Disease Control/Advisory Committee for Immunization Practices expanded priority group designations as soon as possible and update the designations as necessary.

 

MS H.B. 936

2005 School boards; authorize to pay for cost of flu shots for all teachers.

MT D. 404

Assigned HOUSE Bill No. 162,  Relates to transfer of immunization records.

NJ A.B. 1128

Withdrawn from further consideration.,  Requires Department of Health and Senior Services to prepare booklet on MMR vaccine and availability of blood test to determine immunity prior to administration of second dose.

NJ A.B. 2240

Chapter No. 138,  Enacts the Statewide Immunization Registry Act; establishes a statewide automated and electronic immunization registry in the Department of Health and Senior Services.

NJ A.B. 3450

Authorizes Department of Health and Senior Services to reallocate flu vaccine to high-risk persons.

NJ S.B. 553

Enacts the Statewide Immunization Registry Act.

NJ S.B. 2032

Requires Commissioner of Department of Health and Senior Services to annually determine amount of influenza vaccine needed for State and obtain vaccines.

NY S.B. 5020

Authorizes nurse practitioners to certify that an immunization may be detrimental to a child's health.

NY S.B. 5087

Requires hospitals to offer vaccination against influenza and pneumoccal disease to persons 65 years of age or older who are admitted to the hospital.

VA H.B. 2235

Requires children to receive a second dose of tetanus vaccine at age 11 to 12 years if at least 5 years have elapsed since the last dose of tetanus vaccine.

 

VA H.B. 2500

Requires the Department of Corrections to test each prisoner for hepatitis B and hepatitis C and vaccinate such prisoners for hepatitis A and hepatitis B and shall be provided treatment in accordance with Food and Drug Administration approved therapies.

VA H.B. 2519

Chapter No. 643,  Requires the Board of Health to establish the Immunization Information System that consolidates patient immunization histories from birth to death into a complete, accurate, and definitive record that may be made available to participating health care providers for use of the data in an epidemic or outbreak of a vaccine-preventable disease; provides intent to avoid under-and over-immunization of children.

Pharmacists  
 

OR S.B. 490

 

Authorizes pharmacists to administer immunizations to persons regardless of age.

 

WY S.B. 133

 

Indefinitely postponed.,  authorizes pharmacists and pharmacist interns to prescribe and administer immunizations.

Public Assistance

 
 

CT H.B. 5803

 

Authorizes pharmacists to administer vaccinations during public health emergencies; authorizes licensed pharmacists to administer vaccinations during public health emergencies.

 

DE H.B. 51

 

Reported without recommendation.,  Amends Title 24 of the Delaware Code relating to the practice of pharmacy by allowing patients increased access to flu and pneumonia vaccines and allowing pharmacists to work closely with the patient's physician to be proactive to improve patient health outcomes.

 

FL H.B. 1507

 

Died in committee.,  Relates to economic development; provides legislative intent; establishes the Florida Vaccine Research Institute in the College of Pharmacy and Pharmaceutical Sciences at Florida Agricultural and Mechanical University; prescribes purposes for institute; requires the Board of Governors to enter into agreement with not-for-profit corporations to govern and operate the institute; requires the board of directors of said corporation to create a council of scientific advisors; provides for public-records access.

 

FL H.B. 1557

 

Relates to pharmacy practice; revises term practice of profession of pharmacy to include administering of influenza virus immunizations to adults by pharmacist within established protocol under supervisory practitioner who is licensed physician or pursuant to written agreement between pharmacist and county health department; requires professional liability insurance, training and certification in immunization, and employer approval prior to entering into protocol.

 

FL S.B. 2296

 

Relates to pharmacy practice; revises term practice of profession of pharmacy to include administering of influenza virus immunizations to adults by pharmacist within established protocol and under supervisory practitioner who is licensed physician or by written agreement with county health department; requires professional liability insurance, training and certification in immunization, and employer approval before entering into protocol.

 

IN H.B. 1415

 

Allows a physician to delegate a pharmacist to administer immunizations under a drug order or prescription; requires the board of pharmacy to adopt rules concerning the qualifications, protocols, and record keeping requirements of pharmacists who administer immunizations.

 

IN S.B. 534

 

Allows a physician to delegate a pharmacist to administer immunizations to persons who are at least 18 years of age under a drug order or prescription; requires the board of pharmacy to adopt rules concerning the qualifications, protocols, and record keeping requirements of pharmacists who administer immunizations.

 

NH L.S.R. 188

 

Assigned Bill Number: HB115,  Relates to the administration of influenza vaccinations at designated community pharmacies.

 

NJ A.B. 3550

 

Requires State to contract with pharmaceutical companies to purchase influenza vaccine for high risk persons and their care providers.

Registry

 
 

CA A.B. 576

 

Allows the patient or client's physician, local health departments, and the Department of Health Services to maintain access to immunization information for the purpose of patient care or protection the public health after the patient or client, or parent or guardian of a patient or client, refuses the sharing of the information. Allows local health departments and the department to share the name of the patient or client, or parent or guardian of the patient of client unless the patient or client refuses.

 

NM H.B. 180

 

Chaptered. Chapter No. 45,  Relates to pharmacists; provides immunization reporting requirements for pharmacists; allows access to information in the immunization registry.

 

OR S.B. 225

 

Modifies scope of immunization registry maintained by Department of Human Services; modifies requirements for documentation of immunizations necessary for attendance at educational institutions in Oregon.

 

VA S.B. 1132

 

Chapter No. 684,  Requires the Board of Health to establish a statewide immunization registry that consolidates patient immunization histories from birth to death may be made available to participating health care providers; releases of aggregate data without personal identifiers, and the use of the data in an epidemic or outbreaks of a vaccine preventable disease.

School Requirements

 

KS H.B. 2264

Signed by GOVERNOR.,  Concerns the department of health and environment; relates to the director of health; concerns infectious and contagious diseases, use of quarantine and isolation for minors and persons over 18 or emancipated minors who refuse vaccination, requires tuberculosis evaluations for certain students who enter college or university classrooms.

MA H.B. 1642

Petitions that the Department of Public Health be authorized to enforce the immunization of public school students.

MA H.B. 2730

Relative to the Hepatitis B Vaccine requirement prior to admittance to the public schools.

MA H.D. 3500

Relates to the Hepatitis B vaccine requirement prior to admittance to the public schools.

MO H.B. 735

Modifies the requirements for immunization of children.

NJ A.B. 2616

Provides for conscientious exemption to mandatory immunizations for K-12 and college students.

NV S.B. 159

Prohibits State Board of Health from requiring person enrolled in program of distance education within University and Community College System of Nevada to submit proof of immunity to communicable diseases.

NV B.D.R. 942

Revises provisions concerning immunization requirements for distance education students of the University and Community College System.

NY A.B. 314

Provides that each school shall require that every child entering or attending such school shall produce proof of immunization in accordance with the Public Health Law.

NY A.B. 4010

Requires children entering any public, private or parochial child caring center, day nursery, day care agency, nursery school, kindergarten, elementary, intermediate, or secondary school to be immunized against hepatitis A.

NY S.B. 3165

Provides that each school shall require that every child entering or attending such school shall produce proof of immunization in accordance with the public health law.

TX H.B. 1316

Passed SENATE., Relates to immunization requirements for children in regulated child-care facilities.

VA H.B. 2040

Requires that children who have not received immunization against varicella zoster (chicken pox) receive such immunization prior to entering sixth grade.

Scope of Practice

 

NY S.B. 3516

Authorizes licensed pharmacists who are certified to administer immunizing agents to adults; provides that such a pharmacist may execute a non-patient specific regimen prescribed or ordered by a licensed physician or certified nurse practitioner.

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