Judiciary committee backs limited immunity clause for clinicians who follow immunization guidance

The House Judiciary Committee on Jan. 16 registered a limited favorable finding for Subsection C of an immunization-related provision, endorsing immunity for health-care professionals who prescribe, dispense or administer vaccines when they follow official clinical recommendations.

Presiding Member (unnamed) told the panel the provision (cited in discussion as "18 BSA 11 section 11 30 a, subsection c") would shield clinicians from liability so long as they adhere to those recommendations, but would not protect conduct amounting to "gross negligence, recklessness, or intentional misconduct." "The immunity is that as long as they are following those recommendations, they're not going to be liable unless there's gross negligence, recklessness, or intentional misconduct," the Presiding Member said.

Committee members were careful to limit the committee's action to the single subsection. The Presiding Member emphasized the discussion concerned clinical recommendations and not mandates or broader questions about state-level recommendations. He also said the proposal does not address liability of pharmaceutical manufacturers, noting that federal law currently preempts state action in that area.

Member 1 (unnamed) voiced support, citing prior legislation aimed at protecting health-care workers and warning of workforce shortages if protections were not maintained. After discussion, the committee voted to find Subsection C favorable; the Presiding Member reported the tally as 8 yes, 2 no and 1 abstention. He said he would report to the floor if reporting became necessary.

The committee's action was a procedural, narrowly focused step. No full endorsement of the larger bill was recorded, and additional testimony and drafting work on related measures remain possible.