Revision: May 20, 2024, 4:24 p.m.
Rep. Layon, Rock. 13
May 20, 2024
2024-2067h
11/05
Floor Amendment to SB 402
Amend the title of the bill by replacing it with the following:
AN ACT relative to allowing pharmacists to administer influenza, COVID-19, and other FDA licensed vaccines without explicit approval from the general court; the definition of noncommunicable disease; restricting data sharing through the state immunization registry; and removing the immunization requirements for child care agencies.
Amend the bill by replacing all after section 1 with the following:
2 Immunization; Definition of Noncommunicable Disease. Amend RSA 141-C:20-a, III to read as follows:
III. Nothing in this section shall require an immunization/vaccination requirement for diseases that are noncommunicable, other than tetanus. Noncommunicable disease means a disease that is not [infectious or] transmissible from person-to-person.
3 New Paragraph; State Immunization Registry; Data Sharing. Amend RSA 141-C:20-f by inserting after paragraph I the following new paragraph:
I-a. Prior to entering into an agreement to share personally identifiable information with any other organization, including but not limited to, other state immunization information systems, the department shall ensure that withdrawals under paragraph III-a will be honored by that organization. This paragraph shall not apply to personally identified information extracted from the state immunization information system by health care providers who care for their patients.
4 Department of Health and Human Services; Division of Public Health Services, State Immunization Registry; Data Sharing; Classified Position Established; Appropriation.
I. A systems development specialist IV (Labor Grade 26, Step 3) position is established in the department of health and human services to support the department’s division of public health services to complete development, testing, implementation, and ongoing maintenance and quality assurance activities as a result of statutory changes made in this act.
II. The sum of $107,000 for the biennium ending June 30, 2025, is hereby appropriated to the department of health and human services for the purpose of funding the position established in paragraph I, including related office and travel expenses. In addition to the appropriation and notwithstanding RSA 14:30-a, the department may accept and expend matching federal funds without prior approval of the fiscal committee of the general court. The governor is authorized to draw a warrant for the general fund portion of said sum out of any money in the treasury not otherwise appropriated.
III. Additionally, the non-lapsing sum of $80,000 for the biennium ending June 30, 2025, is hereby appropriated to the department of health and human services for the purpose of funding the required one-time enhancement to the New Hampshire immunization information system (NHIIS) as a result of this act. In addition to the appropriation and notwithstanding RSA 14:30-a, the department may accept and expend matching federal funds without prior approval of the fiscal committee of the general court. The governor is authorized to draw a warrant for the general fund portion of said sum out of any money in the treasury not otherwise appropriated.
5 Immunization; Optional for Child Care Agency. Amend RSA 141-C:20-a, II to read as follows:
II. No child shall be admitted or enrolled in any school [or child care agency, public or private], unless the following is demonstrated:
(a) Immunization under paragraph I;
(b) Partial immunization relative to the age of the child as specified in rules adopted by the commissioner; or
(c) Exemption under RSA 141-C:20-c.
6 Records. Amend RSA 141-C:20-b, II to read as follows:
II. Schools [and child care agencies] shall keep immunization records for all enrolled children. Such records shall be available for inspection during reasonable hours upon request by the commissioner or his designee.
7 Immunization Reports. Amend RSA 141-C:20-e to read as follows:
141-C:20-e Immunization Reports. Schools [and child care agencies, whether public or private,] shall make an annual report to the commissioner relative to the status of immunization of all enrolled children.
I. Section 4 shall take effect upon its passage.
II. The remainder of this act shall take effect 60 days after its passage.
2024-2067h
AMENDED ANALYSIS
This bill:
I. Allows pharmacists to administer influenza, COVID-19, and other FDA licensed vaccines without explicit approval from the general court.
II Removes the word infectious from the definition of noncommunicable disease.
III. Prohibits the department of health and human services from sharing data from the state immunization registry with other organizations unless the department can assure withdrawals from the registry will be honored by the organization.
IV. Establishes a position in the department of health and human services to assist in implementation and makes appropriations to the department therefor.
V. Removes the immunization requirements for child care agencies.