EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0168*
SENATE BILL 168
J1 2lr0052
(PRE–FILED)
By: Chair, Education, Health, and Environmental Affairs Committee (By Request
– Departmental – Health)
Requested: October 5, 2021
Introduced and read first time: January 12, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Department of Health – ImmuNet and Statewide Advisory Commission on 2
Immunizations 3
FOR the purpose of repealing the exemption for certain health care providers or agents 4
from the requirement to provide individuals receiving vaccinations with certain 5
documents, notify the individuals or the parent or guardian of a minor of a certain 6
right, and report all vaccines administered to ImmuNet; altering the membership of 7
and term limits for members of the Statewide Advisory Commission on 8
Immunizations; and generally relating to ImmuNet and the Statewide Advisory 9
Commission on Immunizations. 10
BY repealing and reenacting, with amendments, 11
Article – Health – General 12
Section 18–109(d)(6) and 18–214 13
Annotated Code of Maryland 14
(2019 Replacement Volume and 2021 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Health – General 18
18–109. 19
(d) (6) [(i) Except as provided in subparagraph (ii) of this paragraph, a] A 20
health care provider who administers a vaccine, or the agent of the health care provider, 21
shall: 22
2 SENATE BILL 168
[1.] (I) Provide the individual with a copy of the form and 1
the brochure described in paragraphs (2) and (4) of this subsection; 2
[2.] (II) Notify the individual or the parent or guardian of a 3
minor of the right to refuse to disclose to ImmuNet; and 4
[3.] (III) Report to ImmuNet all vaccines administered. 5
[(ii) Subparagraph (i) of this paragraph does not apply to a health 6
care provider, or an agent of a health care provider, who administers a vaccine in a nursing 7
facility, an assisted living program, a continuing care retirement community, or a medical 8
day care program.] 9
18–214. 10
(a) In this section, “vaccine” means a product intended to elicit, in humans, active 11
or passive immunity against an infectious agent or product of an infectious agent. 12
(b) There is a Statewide Advisory Commission on Immunizations. 13
(c) The [Commission consists of the] following members SHALL SERVE 14
WITHOUT TERM LIMITS : 15
(1) [One physician member of MedChi, The Maryland State Medical 16
Society;] THE STATE SUPERINTENDENT OF SCHOOLS OR THE STATE 17
SUPERINTENDENT ’S DESIGNEE WITH KNOW LEDGE OF THE IMMUNIZ ATIONS 18
REQUIRED OF CHI LDREN ENTERING SCHOO LS; 19
(2) The chair of the Maryland Childhood Immunization Partnership, OR 20
THE CHAIR’S DESIGNEE; 21
(3) [Two physician members of the Maryland Chapter of the American 22
Academy of Pediatrics with experience in private practice and infectious diseases; 23
(4) One physician member of the Maryland Academy of Family Physicians; 24
(5) One physician member of the American College of Physicians – Internal 25
Medicine Society of Maryland; 26
(6) The executive director of the Maryland Partnership for Prevention; 27
(7)] One local health officer; 28
[(8)] (4) One representative from the Department’s Vaccines for Children 29
Program; AND 30
SENATE BILL 168 3
[(9) One representative from the Maryland school system with knowledge 1
of the immunizations required of children entering schools;] 2
[(10)] (5) The Maryland State Epidemiologist[;]. 3
(D) THE FOLLOWING MEMBERS ARE SUBJECT TO TERM LIMITS: 4
[(11)] (1) One representative from a public health consumer advocacy 5
group; 6
[(12)] (2) One nurse practitioner; 7
[(13)] (3) One representative from a health insurance carrier; 8
[(14)] (4) One consumer; [and] 9
[(15)] (5) One pharmacist; 10
(6) ONE PHYSICIAN MEMBER OF MEDCHI, THE MARYLAND STATE 11
MEDICAL SOCIETY; 12
(7) TWO PHYSICIAN MEMBERS OF THE MARYLAND CHAPTER OF THE 13
AMERICAN ACADEMY OF PEDIATRICS WITH EXPERI ENCE IN PRIVATE PRAC TICE 14
AND INFECTIOUS DISEA SES; 15
(8) ONE PHYSICIAN MEMBER OF THE MARYLAND ACADEMY OF 16
FAMILY PHYSICIANS; 17
(9) ONE PHYSICIAN MEMBER OF THE AMERICAN COLLEGE OF 18
PHYSICIANS – INTERNAL MEDICINE SOCIETY OF MARYLAND; AND 19
(10) UP TO THREE ADDITIONA L MEMBERS SELECTED BY THE 20
SECRETARY. 21
[(d)] (E) [The] EXCEPT FOR THE MEMBER S LISTED IN SUBSECTI ON (C)(1) 22
AND (2) OF THIS SECTION , THE Secretary shall appoint the membership of the 23
Commission, based on the recommendation of the appropriate medical society or agency. 24
[(e)] (F) (1) The Secretary, in consultation with MedChi, The Maryland State 25
Medical Society, shall appoint the chair of the Commission. 26
(2) The chair of the Commission shall: 27
(i) Establish subcommittees to facilitate the work of the 28
Commission; and 29 4 SENATE BILL 168
(ii) Appoint subcommittee chairs from among the Commission 1
members. 2
[(f)] (G) (1) THIS SUBSECTION APPLI ES ONLY TO MEMBERS WHO ARE 3
SUBJECT TO TERM LIMI TS. 4
(2) The term of an appointed member is [3] 4 years. 5
[(2) A member who is appointed after a term has begun serves only for the 6
rest of the term and until a successor is appointed and qualifies. 7
(3) At the end of a term, a member continues to serve until a successor is 8
appointed and qualifies. 9
(4) A member may be appointed for more than one term.] 10
(3) SUBJECT TO PARAGRAPH (5) OF THIS SUBSECTION , A MEMBER 11
MAY SERVE TWO CONSEC UTIVE TERMS. 12
(4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 13
A SUCCESSOR IS APPOI NTED AND QUALIFIES . 14
(5) A MEMBER WHO SERVES TW O CONSECUTIVE FULL 4–YEAR TERMS 15
MAY NOT BE REAPPOINT ED FOR 4 YEARS AFTER THE COMP LETION OF THOSE TERM S. 16
[(5)] (6) The terms of the members of the Commission are staggered as 17
required by the terms provided for the members of the Commission on June 1, 2010. 18
(H) IF A VACANCY FOR AN A PPOINTED MEMBER OF T HE COMMISSION 19
OCCURS, THE SECRETARY SHALL PROMP TLY APPOINT A SUCCES SOR. 20
[(g)] (I) A member of the Commission may not receive compensation but is 21
entitled to reimbursement for expenses under the Standard State Travel Regulations, as 22
provided in the State budget. 23
[(h)] (J) The Department shall provide the staffing for the Commission. 24
[(i)] (K) The Commission shall: 25
(1) Determine where community vaccine shortages exist and which 26
vaccines are in short supply; 27
(2) Develop a recommendation for a plan to effectuate the equitable 28
distribution of vaccines; 29 SENATE BILL 168 5
(3) Review: 1
(i) Potential provider reimbursement barriers to increasing 2
immunizations; 3
(ii) The relative effectiveness of outreach programs that educate the 4
public about the benefits of immunizations; 5
(iii) Potential cost–shifting of immunization expenses for privately 6
insured patients who receive immunizations at local health departments; and 7
(iv) Potential administrative burdens associated with State 8
purchasing of vaccines; 9
(4) Based on the review required under item (3) of this subsection, make 10
recommendations on how to increase immunizations, including catch–up immunizations, 11
among adults, adolescents, and children who are recommended to receive immunizations; 12
and 13
(5) Study and make recommendations about other related issues as 14
determined by the Commission, including: 15
(i) Immunizations required of children entering schools; 16
(ii) All available options for the purchasing of vaccines, including the 17
development of a Universal Vaccine Purchasing System, or a similar program to increase 18
access to necessary vaccines, for the State; 19
(iii) An update on the status of the use of thimerosal in vaccines, 20
including the availability and affordability of thimerosal–free vaccines, and any other issue 21
related to the use of thimerosal in vaccines that is identified by the Commission; 22
(iv) Elimination of any vaccine distribution disparities; 23
(v) A public education campaign in the event of a vaccine shortage 24
or public health emergency involving immunizations; and 25
(vi) The availability and affordability of adult, adolescent, and 26
childhood vaccines. 27
[(j)] (L) The Commission may recommend to the Department that information 28
on vaccine safety be communicated to health care providers. 29
[(k)] (M) On or before December 15 of each year, the Commission shall submit a 30
report on its findings and recommendations to the Governor and, in accordance with § 31
2–1257 of the State Government Article, to the Senate Education, Health, and 32 6 SENATE BILL 168
Environmental Affairs Committee and the House Health and Government Operations 1
Committee. 2
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 3
1, 2022. 4