Senate Health & Welfare advances H.545 to full Senate after committee review of immunization authority

The Senate Health & Welfare Committee voted to advance H.545 (draft 2.1) to the full Senate after reviewing changes that would let the state Commissioner of Health issue recommendations for certain immunizations, and briefly shift some coverage and provider authorities away from a CDC-linked standard.

Legislative Council staff presented the bill and told the panel, "This is draft 2.1," and that it integrates prior Office of Professional Regulation amendments, including a change that "the really biggest change in this section is changing the definition of immunization to be recommended immunization, which means immunizations that are recommended by the Commissioner of Health instead of, like, for the CDC recommendations," according to Katie of the Legislative Council.

Under draft 2.1, sections 1 through 7 (and the bill's repeal provision) would take effect on passage; a new Section 2 that defines the scope and consultation requirements for the commissioner's recommendations would sunset on July 1, 2031. Legislative Council staff said sections 8 through 13 would revert the statutory language back to the current, CDC-linked definition on that date.

The proposal also updates the Vermont Immunization Advisory Council's membership and responsibilities, specifies that the secretary of education or their designee and a public schools representative would not vote on recommended immunizations, and modifies insurance and pharmacy provisions that currently reference CDC recommendations. Katie summarized those changes as including how insurers treat immunizations and "the authority to prescribe, order, and administer immunizations" for pharmacists and pharmacy technicians.

The draft limits pharmacy technician administration: pharmacy technicians may administer immunizations only when "a licensed pharmacist who is trained to immunize is present and able to assist," and immunizations for certain ages (for example, patients 5 or older for influenza or COVID vaccines) are addressed in the text.

A committee member asked whether the bill should require a state-provided information or "risk" sheet for vaccines that would not appear on the federal/CDC sheet. Laurie Lane, general counsel for the Department of Health, replied that vaccine information statements exist for many vaccines and provide common side effects, reporting instructions and contact information, but "the vaccine information statement is not complete form consent," and health-care providers remain obliged to discuss foreseeable side effects with patients.

Committee members also noted that the Judiciary Committee had reviewed the bill's liability language; the committee record indicated that review had approved that section.

Senator Gulick moved to advance the bill to the full Senate. The clerk called the roll and recorded named responses including Senator Companies (yes), Senator Gulick (yes), Senator Morley (yes) and Senator Leggett (no); the clerk then announced a tally of 5 yes, 0 no, 0 abstain. The chair said the committee would hold the vote open so remote members could participate and thanked Senator Morley for joining remotely. The committee will report H.545 and place it on notice Tuesday, and it is expected to be up Wednesday.

The committee closed consideration of H.545 and proceeded to the next agenda item, S.142, while waiting for Senator Harrison to join for that item.