Judiciary chair tells Human Services panel H45's immunization immunity language won 9'1 committee vote

Mark Malone, representative from South Burlington and chair of the House Judiciary Committee, briefed the House Human Services Committee on H45 and said his committee focused on the bill's immunity provision for immunizations and voted 9'1 to approve it. "As long as they're following the recommendations, they can only be liable if it's gross negligence," Malone said, describing the liability standard included in the draft.

Malone told the Human Services members that the Judiciary Committee examined what he described as the relevant state provision (referred to in the briefing as section 11 38, subsection c) and heard multiple witnesses while concentrating on section 2 of the bill. He said the panel did not address state sovereign immunity for the state itself, which he said is a separate legal issue, and noted that federal law currently preempts many claims against vaccine manufacturers.

Committee members asked Malone whether changes at the national level'for example, removal of a vaccine from a recommended schedule'would alter liability protections for manufacturers or providers. Malone said the bill does not change federal preemption and that the committee did not receive substantial pushback on the immunity language; he told the panel that trial-attorney groups contacted during the review were neutral.

Staff read through a revised draft of bill language and several members reviewed effective-date phrasing. The draft circulated to the committee sets multiple provisions "effective on passage until 07/01/2031," and includes language restoring prior insurance coverage for commissioner-of-health recommended immunizations and restoring pharmacist and pharmacy technician authority under those recommendations. Members debated whether to phrase the restoration as "in effect prior to passage" or to use explicit calendar dates; staff said the draft uses the 07/01/2031 date.

The committee did not take a final vote that evening on the floor-bound bill; the chair said the panel intends to vote on the measure on Tuesday, after the governor's budget address. Malone framed the committee vote to approve the immunity language as an internal Judiciary Committee action that the Human Services committee was being asked to note: the Judiciary panel's vote passage was 9 in favor and 1 opposed.

Next steps: the Human Services Committee will receive the Judiciary Committee briefing on H45 and expects the bill to move to the floor for further consideration on the schedule the chair announced. The committee also discussed related technical edits and will continue reviewing bill language before the floor vote.