Senate advances H.545 to let state health commissioner issue temporary immunization recommendations through 2031
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Summary
H.545 would let the Vermont health commissioner issue 'recommended immunizations' (shifting some recommendation authority from the CDC to the state through July 1, 2031), preserve vaccine purchasing and coverage for ages 0–64, authorize pharmacists and supervised pharmacy technicians to administer certain vaccines, and creates advisory roles; the Senate proposed to the House amendments and ordered third reading.
The Senate advanced H.545 on second reading after the Committee on Health and Welfare recommended proposed amendments. The bill creates a temporary framework under which the commissioner of the Vermont Department of Health may issue "recommended immunizations" rather than rely solely on CDC recommendations, with many provisions set to revert on July 1, 2031.
Senator from Chittenden Southeast, reporting for Health and Welfare, said federal changes to immunization guidance prompted concern among state health and medical communities and prompted the Department of Health to ask for statutory clarity. "What happens in this bill is to establish and maintain the clear, transparent process for issuing immunization recommendations," the senator said, adding the approach is intended to preserve vaccine access and insurance coverage for people ages 0 to 64 and to keep the state's vaccine purchasing program operating.
Key provisions described on the floor include:
- A new statutory definition of "recommended immunizations," meaning vaccines and other immunizing agents recommended by the Commissioner of Health after consultation with the Vermont Immunization Advisory Council; the commissioner may purchase vaccines from CDC or other vendors at the lowest cost.
- Direction that recommendations address appropriate ages, dose schedules and other elements; the commissioner must consult with the Vermont Immunization Advisory Council and may receive advice from professional groups including the CDC, the American Academy of Pediatrics and the American Academy of Family Physicians.
- Temporary changes (effective until July 1, 2031) allowing pharmacists to prescribe, administer and dispense recommended immunizations to adults and to administer flu and COVID formulations to patients 5 and older consistent with commissioner guidance; language regarding pharmacy technicians was clarified so technicians may administer immunizations when a pharmacist is present under specified conditions.
- Immunity language (reviewed by Senate Judiciary) that provides civil/administrative immunity to health care professionals who prescribe, dispense or administer immunizations under the commissioner’s recommended schedule, except in cases of gross negligence, recklessness or intentional misconduct.
The reporter listed stakeholders who testified to committees, including legislative counsel, Representative Estes, Department of Health officials, the American Academy of Pediatrics, the American Academy of Family Physicians, the Vermont Medical Society, pharmacists, nurse practitioner leaders and others. Health and Welfare reported the bill out of committee unanimously; Appropriations reported it found no direct appropriations and recommended the bill (committee recorded a 5‑0‑2 vote). Senate Judiciary conducted a narrow review of the immunity subsection and reported no additional recommendations.
Senators asked questions on the floor about the role of the Secretary of Education on the advisory committee and whether that designee would vote; the reporter said education input would provide advice about school implications, but not be central to the scientific determinations.
Senators voted to propose to the House the committee amendments and then ordered H.545 to third reading.
Next steps: H.545 was proposed to the House with the committee’s amendments and ordered to third reading in the Senate. If passed on third reading, the temporary provisions will remain in effect until July 1, 2031 absent further legislative action.