Vermont panel reviews bill letting state set temporary vaccine recommendations, preserves access and limited liability for providers

Montpelier — The Senate Health & Welfare committee on Friday considered H.545, legislation to authorize the Vermont Department of Health to issue a temporary, state-level "recommended immunization" schedule intended to preserve vaccine access and purchasing arrangements if federal recommendations change.

Supporters and health officials said the bill does not impose new vaccine mandates on individuals or schools but instead gives the commissioner of health authority to set Vermont's recommended immunization schedule for six years and to continue the state's vaccine purchasing and distribution mechanisms.

"This bill is not a vaccine mandate," Rick Hillbrand, introduced for the record as commissioner of health, told the committee. He said the measure aims to preserve three elements he described as essential: science-based reviews and recommendations, the ability to purchase vaccines at low cost, and liability protections for providers who follow state recommendations.

The measure would replace multiple statutory references that currently tie Vermont's recommended immunization schedule to Centers for Disease Control and Prevention (CDC) guidance with language allowing the commissioner to establish a Vermont schedule and to consult the Vermont Immunization Advisory Council and professional medical groups before issuing recommendations. The bill also contains a six-year sunset, returning statutes to their prior form after that period unless further action is taken.

Dr. Tracy Tyson, a board-certified pediatrician and president-elect of the Vermont chapter of the American Academy of Pediatrics, urged lawmakers to preserve access to vaccines and to provide clarity for families and providers. "We are having some of the largest amounts of pediatric death in over two decades from the flu," Tyson said, and described recent outbreaks and widespread public confusion following abrupt changes in federal recommendations.

Testimony from Department of Health staff and the immunization program manager described how Vermont's vaccine purchasing and funding currently work: a federal childhood vaccine program covers roughly half of children in the state, private insurers cover most adult vaccine costs, and the department distributes vaccines to primary care providers and pharmacies. Witnesses told the panel that if CDC purchasing or recommendation mechanisms change, the state needs statutory flexibility to obtain vaccines from alternate vendors and to keep vaccines available without cost to individuals.

The bill also includes a limited immunity provision that would shield a health-care professional from civil and administrative liability for an adverse event following administration of a recommended immunization so long as the clinician acted without gross negligence, recklessness or intentional misconduct and followed the commissioner's recommendations. Presenters said that protection is narrower than the federal vaccine-injury compensation program and does not extend to manufacturers.

Committee members pressed officials on how the bill affects informed consent and avenues for compensation. Staff reiterated that Vermont law continues to require providers to obtain informed consent and that established tort and malpractice standards remain in force; providers could still be liable for failures to disclose foreseeable risks or for negligent conduct.

The presenter said H.545 was recommended out of the House Human Services committee by a vote of 10–1–0 and reviewed favorably in other House committees. The Senate committee heard testimony from pediatricians, the Department of Health and program staff and deferred additional witnesses for a later session.

The committee did not take a final vote on the bill during the hearing. Lawmakers said they would call additional witnesses and follow up with legal and programmatic questions before advancing H.545.