HB 63 — An Act relating to the administration and distribution of COVID-19 vaccinations in this Commonwealth.

PRIOR PRINTER'S NO.

937 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

631025 2021THE INTRODUCEDGENERAL BYASSEMBLY LAWRENCE,OF MARCHPENNSYLVANIA 16,HOUSE 2021BILL REFERREDSession TO COMMITTEE ON HEALTH, MARCH 16, 2021 AN ACT Relating to the administration and distribution of COVID-19No. vaccinations in this Commonwealth.

63 2021 INTRODUCED BY LAWRENCE AND OWLETT, MARCH 16, 2021 AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, MARCH 23, 2021 AN ACT Relating to the administration and distribution of COVID-19 vaccinations in this Commonwealth.

<-- Notwithstanding any other act to the contrary, an individual authorized by the United States Department of Health and Human Services to administer a COVID-19 vaccination shall be permitted to administer the vaccines in this Commonwealth.

SECTION 2.

DEFINITIONS.

<-- THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"AFFECTED COUNTY." ANY OF THE FOLLOWING:

(1) A COUNTY OF THE SECOND CLASS A.

(2) A COUNTY OF THE THIRD CLASS WHICH HAS ENTERED INTO AN INTERGOVERNMENTAL COOPERATION AGREEMENT TO OVERSEE THE COVID-19 RESPONSE IN A COUNTY OF THE SECOND CLASS A.

"COVID-19." THE NOVEL CORONAVIRUS AS IDENTIFIED IN THE GOVERNOR'S PROCLAMATION OF DISASTER EMERGENCY ISSUED ON MARCH 6, 2020, PUBLISHED AT 50 PA.B.

1644 (MARCH 21, 2020).

"COVID-19 VACCINE." A VACCINE FOR COVID-19 THAT HAS RECEIVED AN EMERGENCY-USE AUTHORIZATION FROM THE UNITED STATES FOOD AND DRUG ADMINISTRATION.

"MASS VACCINATION SITE." ANY OF THE FOLLOWING:

(1) A LOCATION IN AN AFFECTED COUNTY DESIGNED TO QUICKLY AND EFFICIENTLY PROVIDE COVID-19 VACCINATIONS ON A MASS SCALE TO THE GENERAL PUBLIC.

(2) THE TERM INCLUDES A LOCATION UNDER PARAGRAPH (1), INCLUDING A GYMNASIUM, SHOPPING CENTER, PARKING LOT, SENIOR CENTER, HOUSE OF WORSHIP, LIBRARY, FIRE STATION OR OTHER FACILITY NOT TYPICALLY UTILIZED FOR THE DELIVERY OF MEDICAL SERVICES.

(3) THE TERM DOES NOT INCLUDE THE FOLLOWING:

(I) A LOCATION UNDER PARAGRAPH (1) WHICH IS A HOSPITAL, NURSING HOME, ASSISTED LIVING FACILITY, SKILLED NURSING FACILITY, PHARMACY OR OTHER FACILITY WHERE THE DELIVERY OF MEDICAL SERVICES IS TYPICALLY PERFORMED OR AN AUXILIARY LOCATION UTILIZED BY A HOSPITAL, HEALTH CARE 20210HB0063PN1025 - 2 - SYSTEM OR PHARMACY TO PROVIDE COVID-19 VACCINATIONS WITH COVID-19 VACCINES OBTAINED BY THE RESPECTIVE HOSPITAL, HEALTH CARE SYSTEM OR PHARMACY.

(II) A LOCATION UNDER PARAGRAPH (1) PRIMARILY OR EXCLUSIVELY PROVIDING COVID-19 VACCINATIONS TO INDIVIDUALS AT THEIR OWN PLACE OF EMPLOYMENT, OR TO INDIVIDUALS IN A SPECIFIC FIELD OF EMPLOYMENT, INCLUDING TEACHERS, AGRICULTURAL WORKERS, GROCERY STORE EMPLOYEES OR OTHER INDIVIDUALS DEEMED AS ESSENTIAL WORKERS.

(III) A LOCATION UNDER PARAGRAPH (1) PRIMARILY OR EXCLUSIVELY PROVIDING COVID-19 VACCINATIONS TO INDIVIDUALS COVERED UNDER A COLLECTIVE BARGAINING AGREEMENT.

SECTION 3.

ADMINISTRATION.

NOTWITHSTANDING ANY OTHER ACT TO THE CONTRARY, AN INDIVIDUAL AUTHORIZED TO ADMINISTER A COVID-19 VACCINE BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE SEVENTH AMENDMENT TO DECLARATION UNDER THE PUBLIC READINESS AND EMERGENCY PREPAREDNESS ACT FOR MEDICAL COUNTERMEASURES AGAINST COVID-19 SHALL BE PERMITTED TO ADMINISTER VACCINES IN THIS COMMONWEALTH, INCLUDING:

(1) A MIDWIFE, PARAMEDIC, ADVANCED OR INTERMEDIATE EMERGENCY MEDICAL TECHNICIAN, PHYSICIAN ASSISTANT, RESPIRATORY THERAPIST, DENTIST, PODIATRIST, OPTOMETRIST OR VETERINARIAN LICENSED, REGISTERED OR CERTIFIED TO PRACTICE UNDER THE LAWS OF THIS COMMONWEALTH.

(2) A PHYSICIAN, ADVANCED PRACTICE REGISTERED NURSE, REGISTERED NURSE, PRACTICAL NURSE, PHARMACIST, PHARMACY INTERN, MIDWIFE, PARAMEDIC, ADVANCED OR INTERMEDIATE EMERGENCY MEDICAL TECHNICIAN, RESPIRATORY THERAPIST, DENTIST, 20210HB0063PN1025 - 3 - PHYSICIAN ASSISTANT, PODIATRIST, OPTOMETRIST OR VETERINARIAN WHO HAS HELD AN ACTIVE LICENSE, REGISTRATION OR CERTIFICATION UNDER THE LAWS OF THIS COMMONWEALTH WITHIN THE LAST FIVE YEARS, WHICH IS INACTIVE, EXPIRED OR LAPSED, IF THE LICENSE, REGISTRATION OR CERTIFICATION WAS ACTIVE AND IN GOOD STANDING PRIOR TO THE DATE IT WENT INACTIVE, EXPIRED OR LAPSED AND WAS NOT REVOKED BY THE LICENSING AUTHORITY, SURRENDERED WHILE UNDER SUSPENSION, DISCIPLINE OR INVESTIGATION BY A LICENSING AUTHORITY OR SURRENDERED FOLLOWING AN ARREST, AND THE INDIVIDUAL IS NOT ON THE LIST OF EXCLUDED INDIVIDUALS/ENTITIES MAINTAINED BY THE OFFICE OF INSPECTOR GENERAL.

(3) A MEDICAL, NURSING, PHARMACY, PHARMACY INTERN, MIDWIFE, PARAMEDIC, ADVANCED OR INTERMEDIATE EMERGENCY MEDICAL TECHNICIAN, PHYSICIAN ASSISTANT, RESPIRATORY THERAPY, DENTAL, PODIATRY, OPTOMETRY OR VETERINARY STUDENT WITH APPROPRIATE TRAINING IN ADMINISTERING VACCINES AS DETERMINED BY HIS OR HER SCHOOL OR TRAINING PROGRAM, AND UNDER THE DIRECT SUPERVISION OF A CURRENTLY PRACTICING HEALTH CARE PROFESSIONAL WHO IS LICENSED, REGISTERED OR CERTIFIED IN THIS COMMONWEALTH AND WHO IS EXPERIENCED IN ADMINISTERING INTRAMUSCULAR INJECTIONS.

SECTION 4.

REQUIREMENTS.

INDIVIDUALS WHO GAIN AUTHORIZATION TO ADMINISTER COVID-19 VACCINES UNDER THIS ACT ARE SUBJECT TO THE FOLLOWING REQUIREMENTS:

(1) INDIVIDUALS MUST HAVE DOCUMENTATION SHOWING:

(I) CURRENT BASIC LIFE SUPPORT CERTIFICATION, COMMONLY KNOWN AS BASIC CARDIOPULMONARY RESUSCITATION OR CPR.

20210HB0063PN1025 - 4 - (II) COMPLETION OF AN IMMUNIZATION TRAINING PROGRAM ENDORSED OR PROVIDED BY THE CENTERS FOR DISEASE CONTROL AND PREVENTION, THE ACCREDITATION COUNCIL FOR PHARMACY EDUCATION OR ANY SIMILAR TRAINING APPROVED BY THE SECRETARY OF HEALTH THAT, AT A MINIMUM, INCLUDES:

(A) HANDS-ON INJECTION TECHNIQUE.

(B) CLINICAL EVALUATION OF INDICATIONS AND CONTRAINDICATIONS OF VACCINES.

(C) RECOGNITION AND TREATMENT OF EMERGENCY REACTIONS TO VACCINES.

(2) (RESERVED).

SECTION 5.

OBSERVATION PERIOD.

HEALTH CARE PROFESSIONALS AND STUDENTS WHO GAIN AUTHORIZATION TO ADMINISTER COVID-19 VACCINES UNDER THIS ACT MUST HAVE DOCUMENTATION OF AN OBSERVATION PERIOD BY A CURRENTLY PRACTICING HEALTH CARE PROFESSIONAL EXPERIENCED IN ADMINISTERING INTRAMUSCULAR INJECTIONS, AND FOR WHOM ADMINISTERING INTRAMUSCULAR INJECTIONS IS IN THEIR ORDINARY SCOPE OF PRACTICE, WHO CONFIRMS COMPETENCY OF THE HEALTH CARE PROVIDER OR STUDENT IN ADMINISTRATION OF COVID-19 VACCINES.