Bill Text: NJ A2351 | 2020-2021 | Regular Session | Introduced
Bill Title: "Informed Consent for Vaccination Act"; revises requirements for administration of vaccines to patients.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-02-03 - Introduced, Referred to Assembly Health Committee [A2351 Detail]
Download: New_Jersey-2020-A2351-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
"Informed Consent for Vaccination Act"; revises requirements for administration of vaccines to patients.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning informed consent for vaccines, supplementing Title 26 of the Revised Statutes, and amending P.L.2003, c.280.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. No vaccine may be administered by a health care practitioner to any patient unless:
(1) at least 48 hours prior to administration of the vaccine, the practitioner furnishes to the to the patient, or to the patient's parent or guardian in the case of a patient who is an unemancipated minor:
(a) a copy of the vaccine insert produced by the manufacturer of the vaccine for inclusion in the packaging materials for the vaccine; and
(b) information concerning the Vaccine Adverse Event Reporting System (VAERS) co-managed by the federal Centers for Disease Control and Prevention and the United States Food and Drug Administration, which information shall include an overview of the VAERS, instructions on how to report vaccine injuries, a copy of the Reportable Events Table, and a copy of the Vaccine Injury Table;
(2) the practitioner provides the patient, or the patient's parent or guardian, in the case of a patient who is an unemancipated minor, with the option to opt out of receiving the vaccine, along with a description of the potential implications of opting out of the vaccine, including the risks of contracting or transmitting a communicable infectious disease and the potential that the patient may not be allowed to attend school unless the patient obtains a medical or religious exemption from student immunization requirements for that vaccine; and
(3) the patient, or the patient's parent or guardian, as applicable, returns a signed copy of the vaccine insert confirming the patient consents to receive the vaccine.
b. A health care practitioner may not refuse to provide health care services to a patient or seek to transfer care of the patient to another health care practitioner solely on the basis of the patient's refusal to receive a vaccine.
c. Except in the course of a public health emergency declared pursuant to P.L.2005, c.222 (C.26:13-1 et seq.), no vaccine may be administered pursuant to a standing order.
2. Section 24 of P.L.2003, c.280 (C.45:14-63) is amended to read as follows:
24. a. No pharmacist shall administer a prescription medication directly to a patient without appropriate education or certification, as determined by the board in accordance with the requirements set forth in the rules jointly promulgated by the board and the State Board of Medical Examiners. Such medication shall only be for the treatment of a disease for which a nationally certified program is in effect, or as determined by the board, and only if utilized for the treatment of that disease for which the medication is prescribed or indicated or for which the collaborative drug therapy management permits.
b. (1) Notwithstanding any law, rule, or regulation to the contrary, a pharmacist, pharmacy intern, or pharmacy extern may administer drugs to a patient 18 years of age or older, provided the pharmacist, pharmacy intern, or pharmacy extern is appropriately educated and qualified, as determined by the board in accordance with the requirements set forth in the rules jointly promulgated by the board and the State Board of Medical Examiners, and provided the drugs are administered [under any one of the following conditions]:
(a) pursuant to a prescription by an authorized prescriber for a vaccine and related emergency medications [;] .
(b) [in immunization programs implemented pursuant to an authorized prescriber's standing order for the vaccine and related emergency medications; or] (deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
(c) [in immunization programs and programs sponsored by governmental agencies that are not patient specific.] (deleted by amendment, P.L. , c. (pending before the Legislature as this bill)
(2) A pharmacist, pharmacy intern, or pharmacy extern may administer an influenza vaccine to a patient who is seven years of age or older. For a patient who is under 18 years of age, a pharmacist, pharmacy intern, or pharmacy extern shall not administer a vaccine except with the permission of the patient's parent or legal guardian. For a patient who is under 10 years of age, a pharmacist, pharmacy intern, or pharmacy extern shall not administer a vaccine unless pursuant to a prescription by an authorized prescriber. Nothing in this subsection shall be construed to require a patient 10 years of age or older to obtain a prescription for an influenza vaccine.
(3) A pharmacy intern or pharmacy extern, as defined by regulation of the New Jersey State Board of Pharmacy, may administer immunizations to patients by injection or by other delivery method, provided that the pharmacy intern or pharmacy extern is acting under the direct supervision of a licensed pharmacist who is pre-approved by the New Jersey State Board of Pharmacy to administer vaccines and related emergency medications, and who is in compliance with the rules jointly promulgated by the New Jersey State Board of Pharmacy and the State Board of Medical Examiners.
c. An immunization administered to a patient by a pharmacist, pharmacy intern, or pharmacy extern shall be reported by a supervising pharmacist to the New Jersey Immunization Information System established pursuant to section 4 of P.L.2004, c.138 (C.26:4-134) as required pursuant to N.J.A.C.8:57-3.16, for inclusion in the patient's registry.
(cf: P.L.2018, c.143, s.1)
3. This act shall take effect 30 days after the date of enactment.
STATEMENT
This bill, designated as the "Informed Consent for Vaccinations Act," revises the requirements to administer vaccines to patients. Specifically, the bill requires that, at least at least 48 hours prior to administration of the vaccine, the health care practitioner who will administer the vaccine is to furnish to the to the patient, or to the patient's parent or guardian in the case of a patient who is an unemancipated minor, a copy of the vaccine insert for the vaccine and information concerning the Vaccine Adverse Event Reporting System (VAERS) co-managed by the federal Centers for Disease Control and Prevention and the United States Food and Drug Administration, including an overview of the VAERS, instructions on how to report vaccine injuries, a copy of the Reportable Events Table, and a copy of the Vaccine Injury Table. a vaccine may be administered only if the patient, or the patient's parent or guardian, returns a signed copy of the vaccine insert confirming the patient consents to receive the vaccine.
The health care practitioner will additionally be required to provide the patient, or the patient's parent or guardian, as applicable, with the option to opt out of receiving the vaccine, along with a description of the potential implications of opting out of the vaccine, including the risks of contracting or transmitting a communicable infectious disease and the potential that the patient may not be allowed to attend school unless the patient obtains a medical or religious exemption from student immunization requirements for that vaccine.
The bill provides that a health care practitioner may not refuse to provide health care services to a patient or seek to transfer care of the patient to another health care practitioner solely on the basis of the patient's refusal to receive a vaccine.
The bill further provides that, except in the course of a public health emergency declared pursuant to P.L.2005, c.222 (C.26:13-1 et seq.), no vaccine may be administered pursuant to a standing order.
