MD
Maryland Senate Bill SB168

Maryland 2022 Regular Session

Maryland Senate Bill SB168 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 220
21
3-– 1 –
4-Chapter 220
5-(Senate Bill 168)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0168*
89
9-Department of Health – ImmuNet and Statewide Advisory Commission on
10-Immunizations
10+SENATE BILL 168
11+J1 2lr0052
12+ (PRE–FILED)
13+By: Chair, Education, Health, and Environmental Affairs Committee (By Request
14+– Departmental – Health)
15+Requested: October 5, 2021
16+Introduced and read first time: January 12, 2022
17+Assigned to: Education, Health, and Environmental Affairs
18+Committee Report: Favorable with amendments
19+Senate action: Adopted
20+Read second time: February 1, 2022
1121
12-FOR the purpose of repealing the exemption for certain health care providers or agents
13-from the requirement to provide individuals receiving vaccinations with certain
14-documents, notify the individuals or the parent or guardian of a minor of a certain
15-right, and report all vaccines administered to ImmuNet; altering the membership of
16-and term limits for members of the Statewide Advisory Commission on
17-Immunizations; and generally relating to ImmuNet and the Statewide Advisory
18-Commission on Immunizations.
22+CHAPTER ______
1923
20-BY repealing and reenacting, with amendments,
21- Article – Health – General
22- Section 18–109(d)(6) and 18–214
23- Annotated Code of Maryland
24- (2019 Replacement Volume and 2021 Supplement)
24+AN ACT concerning 1
2525
26- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
27-That the Laws of Maryland read as follows:
26+Department of Health – ImmuNet and Statewide Advisory Commission on 2
27+Immunizations 3
2828
29-Article – Health – General
29+FOR the purpose of repealing the exemption for certain health care providers or agents 4
30+from the requirement to provide individuals receiving vaccinations with certain 5
31+documents, notify the individuals or the parent or guardian of a minor of a certain 6
32+right, and report all vaccines administered to ImmuNet; altering the membership of 7
33+and term limits for members of the Statewide Advisory Commission on 8
34+Immunizations; and generally relating to ImmuNet and the Statewide Advisory 9
35+Commission on Immunizations. 10
3036
31-18–109.
37+BY repealing and reenacting, with amendments, 11
38+ Article – Health – General 12
39+ Section 18–109(d)(6) and 18–214 13
40+ Annotated Code of Maryland 14
41+ (2019 Replacement Volume and 2021 Supplement) 15
3242
33- (d) (6) [(i) Except as provided in subparagraph (ii) of this paragraph, a] A
34-health care provider who administers a vaccine, or the agent of the health care provider,
35-shall:
43+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
44+That the Laws of Maryland read as follows: 17
3645
37- [1.] (I) Provide the individual with a copy of the form and
38-the brochure described in paragraphs (2) and (4) of this subsection;
46+Article – Health – General 18
3947
40- [2.] (II) Notify the individual or the parent or guardian of a
41-minor of the right to refuse to disclose to ImmuNet; and
48+18–109. 19 2 SENATE BILL 168
4249
43- [3.] (III) Report to ImmuNet all vaccines administered.
4450
45- [(ii) Subparagraph (i) of this paragraph does not apply to a health
46-care provider, or an agent of a health care provider, who administers a vaccine in a nursing
47-facility, an assisted living program, a continuing care retirement community, or a medical
48-day care program.] Ch. 220 2022 LAWS OF MARYLAND
4951
50-– 2 –
52+ (d) (6) [(i) Except as provided in subparagraph (ii) of this paragraph, a] A 1
53+health care provider who administers a vaccine, or the agent of the health care provider, 2
54+shall: 3
5155
52-18–214.
56+ [1.] (I) Provide the individual with a copy of the form and 4
57+the brochure described in paragraphs (2) and (4) of this subsection; 5
5358
54- (a) In this section, “vaccine” means a product intended to elicit, in humans, active
55-or passive immunity against an infectious agent or product of an infectious agent.
59+ [2.] (II) Notify the individual or the parent or guardian of a 6
60+minor of the right to refuse to disclose to ImmuNet; and 7
5661
57- (b) There is a Statewide Advisory Commission on Immunizations.
62+ [3.] (III) Report to ImmuNet all vaccines administered. 8
5863
59- (c) The [Commission consists of the] following members SHALL SERVE
60-WITHOUT TE RM LIMITS:
64+ [(ii) Subparagraph (i) of this paragraph does not apply to a health 9
65+care provider, or an agent of a health care provider, who administers a vaccine in a nursing 10
66+facility, an assisted living program, a continuing care retirement community, or a medical 11
67+day care program.] 12
6168
62- (1) [One physician member of MedChi, The Maryland State Medical
63-Society;] THE STATE SUPERINTENDENT OF SCHOOLS OR THE STATE
64-SUPERINTENDENT ’S DESIGNEE WITH KNOW LEDGE OF THE IMMUNIZ ATIONS
65-REQUIRED OF CHILDREN ENTERING SCHOOLS ;
69+18–214. 13
6670
67- (2) The chair of the Maryland Childhood Immunization Partnership, OR
68-THE CHAIR’S DESIGNEE;
71+ (a) In this section, “vaccine” means a product intended to elicit, in humans, active 14
72+or passive immunity against an infectious agent or product of an infectious agent. 15
6973
70- (3) (2) [Two physician members of the Maryland Chapter of the American
71-Academy of Pediatrics with experience in private practice and infectious diseases;
74+ (b) There is a Statewide Advisory Commission on Immunizations. 16
7275
73- (4) One physician member of the Maryland Academy of Family Physicians;
76+ (c) The [Commission consists of the] following members SHALL SERVE 17
77+WITHOUT TERM LIMITS : 18
7478
75- (5) One physician member of the American College of Physicians – Internal
76-Medicine Society of Maryland;
79+ (1) [One physician member of MedChi, The Maryland State Medical 19
80+Society;] THE STATE SUPERINTENDENT OF SCHOOLS OR THE STATE 20
81+SUPERINTENDENT ’S DESIGNEE WITH KNOW LEDGE OF THE IMMUNIZ ATIONS 21
82+REQUIRED OF CHILDREN ENTERING SCHOOLS ; 22
7783
78- (6) The executive director of the Maryland Partnership for Prevention;
84+ (2) The chair of the Maryland Childhood Immunization Partnership, OR 23
85+THE CHAIR’S DESIGNEE; 24
7986
80- (7)] One local health officer;
87+ (3) (2) [Two physician members of the Maryland Chapter of the American 25
88+Academy of Pediatrics with experience in private practice and infectious diseases; 26
8189
82- [(8)] (4) (3) One representative from the Department’s Vaccines for
83-Children Program; AND
90+ (4) One physician member of the Maryland Academy of Family Physicians; 27
8491
85- [(9) One representative from the Maryland school system with knowledge
86-of the immunizations required of children entering schools;]
92+ (5) One physician member of the American College of Physicians – Internal 28
93+Medicine Society of Maryland; 29
8794
88- [(10)] (5) (4) The Maryland State Epidemiologist[;].
95+ (6) The executive director of the Maryland Partnership for Prevention; 30
96+ SENATE BILL 168 3
8997
90- (D) THE FOLLOWING MEMBERS ARE SUBJECT TO TERM LIMITS:
9198
92- [(11)] (1) One representative from a public health consumer advocacy
93-group;
99+ (7)] One local health officer; 1
94100
95- [(12)] (2) One nurse practitioner; LAWRENCE J. HOGAN, JR., Governor Ch. 220
101+ [(8)] (4) (3) One representative from the Department’s Vaccines for 2
102+Children Program; AND 3
96103
97-– 3 –
104+ [(9) One representative from the Maryland school system with knowledge 4
105+of the immunizations required of children entering schools;] 5
98106
99- [(13)] (3) One representative from a health insurance carrier;
107+ [(10)] (5) (4) The Maryland State Epidemiologist[;]. 6
100108
101- [(14)] (4) One consumer; [and]
109+ (D) THE FOLLOWING MEMBERS ARE SUBJECT TO TERM LIMITS: 7
102110
103- [(15)] (5) One pharmacist;
111+ [(11)] (1) One representative from a public health consumer advocacy 8
112+group; 9
104113
105- (6) ONE PHYSICIAN MEMBER OF MEDCHI, THE MARYLAND STATE
106-MEDICAL SOCIETY;
114+ [(12)] (2) One nurse practitioner; 10
107115
108- (7) TWO PHYSICIAN MEMBERS OF THE MARYLAND CHAPTER OF THE
109-AMERICAN ACADEMY OF PEDIATRICS WITH EXPER IENCE IN PRIVATE PRA CTICE
110-AND INFECTIOUS DISEA SES;
116+ [(13)] (3) One representative from a health insurance carrier; 11
111117
112- (8) ONE PHYSICIAN MEMBER OF THE MARYLAND ACADEMY OF
113-FAMILY PHYSICIANS;
118+ [(14)] (4) One consumer; [and] 12
114119
115- (9) ONE SCHOOL–BASED HEALTH CARE PR OVIDER MEMBER OF THE
116-MARYLAND ASSEMBLY ON SCHOOL–BASED HEALTH CARE;
120+ [(15)] (5) One pharmacist; 13
117121
118- (10) ONE SCHOOL NURSE MEMB ER OF THE MARYLAND ASSOCIATION
119-OF SCHOOL HEALTH NURSES OR THE MARYLAND NURSES ASSOCIATION;
122+ (6) ONE PHYSICIAN MEMBER OF MEDCHI, THE MARYLAND STATE 14
123+MEDICAL SOCIETY; 15
120124
121- (9) (11) ONE PHYSICIAN MEMBER OF THE AMERICAN COLLEGE OF
122-PHYSICIANS – INTERNAL MEDICINE SOCIETY OF MARYLAND; AND
125+ (7) TWO PHYSICIAN MEMBERS OF THE MARYLAND CHAPTER OF THE 16
126+AMERICAN ACADEMY OF PEDIATRICS WITH EXPER IENCE IN PRIVATE PRA CTICE 17
127+AND INFECTIOUS DISEA SES; 18
123128
124- (10) (12) UP TO THREE ADDITIONA L MEMBERS SELECTED B Y THE
125-SECRETARY.
129+ (8) ONE PHYSICIAN MEMBER OF THE MARYLAND ACADEMY OF 19
130+FAMILY PHYSICIANS; 20
126131
127- [(d)] (E) [The] EXCEPT FOR THE MEMBER S LISTED IN SUBSECTI ON (C)(1)
128-AND, (2), AND (4) OF THIS SECTION, THE Secretary shall appoint the membership of the
129-Commission, based on the recommendation of the appropriate medical society or agency.
132+ (9) ONE SCHOOL–BASED HEALTH CARE PR OVIDER MEMBER OF THE 21
133+MARYLAND ASSEMBLY ON SCHOOL–BASED HEALTH CARE; 22
130134
131- [(e)] (F) (1) The Secretary, in consultation with MedChi, The Maryland State
132-Medical Society, shall appoint the chair of the Commission.
135+ (10) ONE SCHOOL NURSE MEMB ER OF THE MARYLAND ASSOCIATION 23
136+OF SCHOOL HEALTH NURSES OR THE MARYLAND NURSES ASSOCIATION; 24
133137
134- (2) The chair of the Commission shall:
138+ (9) (11) ONE PHYSICIAN MEMBER OF THE AMERICAN COLLEGE OF 25
139+PHYSICIANS – INTERNAL MEDICINE SOCIETY OF MARYLAND; AND 26
135140
136- (i) Establish subcommittees to facilitate the work of the
137-Commission; and
141+ (10) (12) UP TO THREE ADDITIONA L MEMBERS SELECTED B Y THE 27
142+SECRETARY. 28
143+ 4 SENATE BILL 168
138144
139- (ii) Appoint subcommittee chairs from among the Commission
140-members.
141- Ch. 220 2022 LAWS OF MARYLAND
142145
143-– 4 –
144- [(f)] (G) (1) THIS SUBSECTION APPLI ES ONLY TO MEMBERS WHO ARE
145-SUBJECT TO TERM LIMI TS.
146+ [(d)] (E) [The] EXCEPT FOR THE MEMBER S LISTED IN SUBSECTI ON (C)(1) 1
147+AND, (2), AND (4) OF THIS SECTION, THE Secretary shall appoint the membership of the 2
148+Commission, based on the recommendation of the appropriate medical society or agency. 3
146149
147- (2) The term of an appointed member is [3] 4 years.
150+ [(e)] (F) (1) The Secretary, in consultation with MedChi, The Maryland State 4
151+Medical Society, shall appoint the chair of the Commission. 5
148152
149- [(2) A member who is appointed after a term has begun serves only for the
150-rest of the term and until a successor is appointed and qualifies.
153+ (2) The chair of the Commission shall: 6
151154
152- (3) At the end of a term, a member continues to serve until a successor is
153-appointed and qualifies.
155+ (i) Establish subcommittees to facilitate the work of the 7
156+Commission; and 8
154157
155- (4) A member may be appointed for more than one term.]
158+ (ii) Appoint subcommittee chairs from among the Commission 9
159+members. 10
156160
157- (3) SUBJECT TO PARAGRAPH (5) OF THIS SUBSECTION , A MEMBER
158-MAY SERVE TWO CONSEC UTIVE TERMS.
161+ [(f)] (G) (1) THIS SUBSECTION APPLI ES ONLY TO MEMBERS WHO ARE 11
162+SUBJECT TO TERM LIMI TS. 12
159163
160- (4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
161-A SUCCESSOR IS APPOI NTED AND QUALIFIES .
164+ (2) The term of an appointed member is [3] 4 years. 13
162165
163- (5) A MEMBER WHO SERVES TW O CONSECUTIVE FULL 4–YEAR TERMS
164-MAY NOT BE REAPPOINT ED FOR 4 YEARS AFTER THE COMP LETION OF THOSE TERM S.
166+ [(2) A member who is appointed after a term has begun serves only for the 14
167+rest of the term and until a successor is appointed and qualifies. 15
165168
166- [(5)] (6) The terms of the members of the Commission are staggered as
167-required by the terms provided for the members of the Commission on June 1, 2010.
169+ (3) At the end of a term, a member continues to serve until a successor is 16
170+appointed and qualifies. 17
168171
169- (H) IF A VACANCY FOR AN A PPOINTED MEMBER OF T HE COMMISSION
170-OCCURS, THE SECRETARY SHALL PROMP TLY APPOINT A SUCCES SOR.
172+ (4) A member may be appointed for more than one term.] 18
171173
172- [(g)] (I) A member of the Commission may not receive compensation but is
173-entitled to reimbursement for expenses under the Standard State Travel Regulations, as
174-provided in the State budget.
174+ (3) SUBJECT TO PARAGRAPH (5) OF THIS SUBSECTION , A MEMBER 19
175+MAY SERVE TWO CONSEC UTIVE TERMS. 20
175176
176- [(h)] (J) The Department shall provide the staffing for the Commission.
177+ (4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL 21
178+A SUCCESSOR IS APPOI NTED AND QUALIFIES . 22
177179
178- [(i)] (K) The Commission shall:
180+ (5) A MEMBER WHO SERVES TW O CONSECUTIVE FULL 4–YEAR TERMS 23
181+MAY NOT BE REAPPOINT ED FOR 4 YEARS AFTER THE COMP LETION OF THOSE TERM S. 24
179182
180- (1) Determine where community vaccine shortages exist and which
181-vaccines are in short supply;
183+ [(5)] (6) The terms of the members of the Commission are staggered as 25
184+required by the terms provided for the members of the Commission on June 1, 2010. 26
182185
183- (2) Develop a recommendation for a plan to effectuate the equitable
184-distribution of vaccines;
186+ (H) IF A VACANCY FOR AN A PPOINTED MEMBER OF T HE COMMISSION 27
187+OCCURS, THE SECRETARY SHALL PROMP TLY APPOINT A SUCCES SOR. 28
188+ SENATE BILL 168 5
185189
186- (3) Review:
187- LAWRENCE J. HOGAN, JR., Governor Ch. 220
188190
189-– 5 –
190- (i) Potential provider reimbursement barriers to increasing
191-immunizations;
191+ [(g)] (I) A member of the Commission may not receive compensation but is 1
192+entitled to reimbursement for expenses under the Standard State Travel Regulations, as 2
193+provided in the State budget. 3
192194
193- (ii) The relative effectiveness of outreach programs that educate the
194-public about the benefits of immunizations;
195+ [(h)] (J) The Department shall provide the staffing for the Commission. 4
195196
196- (iii) Potential cost–shifting of immunization expenses for privately
197-insured patients who receive immunizations at local health departments; and
197+ [(i)] (K) The Commission shall: 5
198198
199- (iv) Potential administrative burdens associated with State
200-purchasing of vaccines;
199+ (1) Determine where community vaccine shortages exist and which 6
200+vaccines are in short supply; 7
201201
202- (4) Based on the review required under item (3) of this subsection, make
203-recommendations on how to increase immunizations, including catch–up immunizations,
204-among adults, adolescents, and children who are recommended to receive immunizations;
205-and
202+ (2) Develop a recommendation for a plan to effectuate the equitable 8
203+distribution of vaccines; 9
206204
207- (5) Study and make recommendations about other related issues as
208-determined by the Commission, including:
205+ (3) Review: 10
209206
210- (i) Immunizations required of children entering schools;
207+ (i) Potential provider reimbursement barriers to increasing 11
208+immunizations; 12
211209
212- (ii) All available options for the purchasing of vaccines, including the
213-development of a Universal Vaccine Purchasing System, or a similar program to increase
214-access to necessary vaccines, for the State;
210+ (ii) The relative effectiveness of outreach programs that educate the 13
211+public about the benefits of immunizations; 14
215212
216- (iii) An update on the status of the use of thimerosal in vaccines,
217-including the availability and affordability of thimerosal–free vaccines, and any other issue
218-related to the use of thimerosal in vaccines that is identified by the Commission;
213+ (iii) Potential cost–shifting of immunization expenses for privately 15
214+insured patients who receive immunizations at local health departments; and 16
219215
220- (iv) Elimination of any vaccine distribution disparities;
216+ (iv) Potential administrative burdens associated with State 17
217+purchasing of vaccines; 18
221218
222- (v) A public education campaign in the event of a vaccine shortage
223-or public health emergency involving immunizations; and
219+ (4) Based on the review required under item (3) of this subsection, make 19
220+recommendations on how to increase immunizations, including catch–up immunizations, 20
221+among adults, adolescents, and children who are recommended to receive immunizations; 21
222+and 22
224223
225- (vi) The availability and affordability of adult, adolescent, and
226-childhood vaccines.
224+ (5) Study and make recommendations about other related issues as 23
225+determined by the Commission, including: 24
227226
228- [(j)] (L) The Commission may recommend to the Department that information
229-on vaccine safety be communicated to health care providers.
227+ (i) Immunizations required of children entering schools; 25
230228
231- [(k)] (M) On or before December 15 of each year, the Commission shall submit a
232-report on its findings and recommendations to the Governor and, in accordance with §
233-2–1257 of the State Government Article, to the Senate Education, Health, and
234-Environmental Affairs Committee and the House Health and Government Operations
235-Committee. Ch. 220 2022 LAWS OF MARYLAND
229+ (ii) All available options for the purchasing of vaccines, including the 26
230+development of a Universal Vaccine Purchasing System, or a similar program to increase 27
231+access to necessary vaccines, for the State; 28
236232
237-– 6 –
233+ (iii) An update on the status of the use of thimerosal in vaccines, 29
234+including the availability and affordability of thimerosal–free vaccines, and any other issue 30
235+related to the use of thimerosal in vaccines that is identified by the Commission; 31
238236
239- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
240-1, 2022.
237+ (iv) Elimination of any vaccine distribution disparities; 32 6 SENATE BILL 168
241238
242-Approved by the Governor, April 21, 2022.
239+
240+
241+ (v) A public education campaign in the event of a vaccine shortage 1
242+or public health emergency involving immunizations; and 2
243+
244+ (vi) The availability and affordability of adult, adolescent, and 3
245+childhood vaccines. 4
246+
247+ [(j)] (L) The Commission may recommend to the Department that information 5
248+on vaccine safety be communicated to health care providers. 6
249+
250+ [(k)] (M) On or before December 15 of each year, the Commission shall submit a 7
251+report on its findings and recommendations to the Governor and, in accordance with § 8
252+2–1257 of the State Government Article, to the Senate Education, Health, and 9
253+Environmental Affairs Committee and the House Health and Government Operations 10
254+Committee. 11
255+
256+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 12
257+1, 2022. 13
258+
259+
260+
261+
262+Approved:
263+________________________________________________________________________________
264+ Governor.
265+________________________________________________________________________________
266+ President of the Senate.
267+________________________________________________________________________________
268+ Speaker of the House of Delegates.