Promoting Immunization Access

The bill amends existing law and adds new provisions relating to access to vaccines as follows:

• Updates insurance coverage for cervical cancer vaccinations to refer to the vaccine as the human papillomavirus vaccine, rather than the cervical cancer vaccine; recognizes coverage for both women and men; and authorizes the commissioner of insurance to adopt coverage rules for the vaccine if the advisory committee on immunization practices to the centers for disease control in the federal department of health and human services (ACIP) no longer recommends the vaccine ( section 3 of the bill);
• In naturopathic medicine practice, references a schedule of immunizations and guidelines established by the state board of health (board of health) in addition to ACIP's schedule of immunizations and guidelines referenced in existing law ( sections 4 and 5 );
• Authorizes pharmacists to exercise independent prescriptive authority for vaccines and requires the state board of pharmacy to adopt rules establishing and amending, as necessary, requirements for independent prescriptive authority for vaccines ( sections 6 and 7 );
• In the context of vaccines required for school entry, updates vaccine-related liability limitation provisions to limit liability for injuries if the vaccine was administered according to the board of health schedule of immunizations or to ACIP's schedule referenced in existing law ( section 8 );
• Directs the board of health, in adopting rules addressing which vaccines are to be administered to infants, to consider the recommendations of ACIP, as well as the recommendations of the American Academy of Pediatrics and other similar entities ( section 9 );
• Removes a prohibition on the use of state money for infant immunization programs if the state does not receive federal money for the immunization programs ( section 10 );
• Adds pharmacies and manufacturers to liability limitation provisions for hospitals, clinics, and other providers relating to the handling, storage, and distribution of vaccines for infants. Manufacturer liability limitation provisions are removed from the law for claims brought on or after January 31, 2029 ( section 11 ).
• Authorizes the department of public health and environment to consider recommendations of the American Academy of Pediatrics and other similar entities, in addition to ACIP, in recommending the purchase of vaccines, sending notifications concerning overdue vaccines and vaccine-preventable disease outbreaks, and when considering equivalent vaccines ( section 12 );
• Updates language in the cervical cancer immunization program to define the cervical cancer vaccine as the human papillomavirus vaccine and to refer to underinsured minors, rather than just uninsured female minors, since both male and female minors receive the vaccine ( sections 13 and 14 );
• Adds a new limitation on liability for civil damages for injury or death of an adult caused by a vaccine or immunizing agent if the vaccine or immunizing agent was administered according to the schedule of immunizations establish by the board of health, there were no medical contraindications, and the vaccine or immunizing agent was administered in accordance with generally accepted clinical methods. For claims brought on or before January 30, 2029, against a hospital, clinic, pharmacy, manufacturer, or provider arising from injuries resulting from the handling, storage, or distribution of vaccines, there is no liability unless the injuries are the result of the negligent failure of an employee of the hospital, clinic, pharmacy, or manufacturer to conform to recognized standards to protect public health. Manufacturer liability protections are removed from the law for claims brought on or after January 31, 2029 ( section 15 ).
• Authorizes the department of health care policy and financing to purchase for the children's basic health plan vaccines that are recommended by the American Academy of Pediatrics and other similar entities, in addition to those recommended by ACIP ( section 16 ).
  (Note: This summary applies to this bill as introduced.)