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Capitol to Capitol | April 14, 2023

April 17, 2023

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NCSL Updates

NCSL Offers Public Comment on Proposed Rulemaking on State Authorization of Higher Education Institutions

During a public hearing, NCSL urged the U.S. Department of Education to continue to allow states to set the terms of voluntary state authorization reciprocity agreements, which allow distance learning institutions to operate across state lines under national standards. NCSL asked for the state legislative perspective to be included in any negotiated rulemaking sessions scheduled for fall 2023.

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Administration Updates

Some Liability Protections for COVID-19 Countermeasures to Extend Through December 2024

Health and Human Services Secretary Xavier Becerra’s planned extension of the PREP Act declaration will apply to pharmacists, pharmacy interns and pharmacy technicians who administer COVID-19 tests and vaccines as well as seasonal flu vaccines through December 2024. However, liability protection for these providers will no longer cover routine childhood vaccinations once the public health emergency ends on May 11. In addition, all activities related to COVID-19 countermeasures under the auspices of the federal government will also be protected through December 2024. Once the government supply of COVID-19 products runs out, liability protection will no longer extend to certain vaccination activities that were permitted during the public health emergency, including vaccination by retired health professionals, students and other non-traditional providers, and vaccinations across state lines.

NCSL will be watching for the amended declaration and any additional guidance that HHS may issue in this area. 

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Administration Announces Strengthened Approach to Disrupt Illicit Fentanyl Supply Chain

Last week, the Biden administration released its whole-of-government approach to address the trafficking of fentanyl into American communities. This strategy aims to disrupt the fentanyl supply chain in a global coalition with partners that have prioritized stopping the international drug trade. This new policy will also strengthen intelligence sharing and other communications between federal, state and local law enforcement entities that can help apprehend fentanyl traffickers. Recognizing that illegal drug traffickers often hide their operations behind legitimate businesses, the administration wants to disrupt these operations by partnering with the private sector to intercept more illegal substances and production materials and educate companies on how to protect themselves from illegal activities. The strategy also calls for tighter regulations in the financial services sector to better identify and eliminate drug traffickers’ use of U.S. and global financial systems through money laundering. Finally, the administration calls on Congress to close loopholes related to the chemical composition of fentanyl by permanently making it a Schedule I drug under the Controlled Substances Act.
 

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Department of Education Proposes Change to Title IX Regulations on Student Athletics Eligibility

The proposed regulation would prevent schools from adopting policies that categorically ban transgender students from participating on sports teams that align with their gender identity, but would allow schools to develop team eligibility criteria based on grade level and level of competition of particular teams. Comments on the proposed rule are due by May 15. 

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President Vetoes Legislation to Overturn WOTUS Rulemaking

President Biden vetoed a resolution brought forward under the Congressional Review Act that sought to overturn a rulemaking on the scope of federal authority to regulate the “waters of the United States,” and when states, local governments and others must seek federal permits to develop land because it contains such waters. For more information on the CRA, visit NCSL’s Congressional Review Act | Overview and Tracking webpage, and for more information on the WOTUS rulemaking, read NCSL’s Information Alert.

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