LAWRENCE J. HOGAN, JR., Governor Ch. 220
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Chapter 220
(Senate Bill 168)
AN ACT concerning
Department of Health – ImmuNet and Statewide Advisory Commission on
Immunizations
FOR the purpose of repealing the exemption for certain health care providers or agents
from the requirement to provide individuals receiving vaccinations with certain
documents, notify the individuals or the parent or guardian of a minor of a certain
right, and report all vaccines administered to ImmuNet; altering the membership of
and term limits for members of the Statewide Advisory Commission on
Immunizations; and generally relating to ImmuNet and the Statewide Advisory
Commission on Immunizations.
BY repealing and reenacting, with amendments,
Article – Health – General
Section 18–109(d)(6) and 18–214
Annotated Code of Maryland
(2019 Replacement Volume and 2021 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
18–109.
(d) (6) [(i) Except as provided in subparagraph (ii) of this paragraph, a] A
health care provider who administers a vaccine, or the agent of the health care provider,
shall:
[1.] (I) Provide the individual with a copy of the form and
the brochure described in paragraphs (2) and (4) of this subsection;
[2.] (II) Notify the individual or the parent or guardian of a
minor of the right to refuse to disclose to ImmuNet; and
[3.] (III) Report to ImmuNet all vaccines administered.
[(ii) Subparagraph (i) of this paragraph does not apply to a health
care provider, or an agent of a health care provider, who administers a vaccine in a nursing
facility, an assisted living program, a continuing care retirement community, or a medical
day care program.] Ch. 220 2022 LAWS OF MARYLAND
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18–214.
(a) In this section, “vaccine” means a product intended to elicit, in humans, active
or passive immunity against an infectious agent or product of an infectious agent.
(b) There is a Statewide Advisory Commission on Immunizations.
(c) The [Commission consists of the] following members SHALL SERVE
WITHOUT TE RM LIMITS:
(1) [One physician member of MedChi, The Maryland State Medical
Society;] THE STATE SUPERINTENDENT OF SCHOOLS OR THE STATE
SUPERINTENDENT ’S DESIGNEE WITH KNOW LEDGE OF THE IMMUNIZ ATIONS
REQUIRED OF CHILDREN ENTERING SCHOOLS ;
(2) The chair of the Maryland Childhood Immunization Partnership, OR
THE CHAIR’S DESIGNEE;
(3) (2) [Two physician members of the Maryland Chapter of the American
Academy of Pediatrics with experience in private practice and infectious diseases;
(4) One physician member of the Maryland Academy of Family Physicians;
(5) One physician member of the American College of Physicians – Internal
Medicine Society of Maryland;
(6) The executive director of the Maryland Partnership for Prevention;
(7)] One local health officer;
[(8)] (4) (3) One representative from the Department’s Vaccines for
Children Program; AND
[(9) One representative from the Maryland school system with knowledge
of the immunizations required of children entering schools;]
[(10)] (5) (4) The Maryland State Epidemiologist[;].
(D) THE FOLLOWING MEMBERS ARE SUBJECT TO TERM LIMITS:
[(11)] (1) One representative from a public health consumer advocacy
group;
[(12)] (2) One nurse practitioner; LAWRENCE J. HOGAN, JR., Governor Ch. 220
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[(13)] (3) One representative from a health insurance carrier;
[(14)] (4) One consumer; [and]
[(15)] (5) One pharmacist;
(6) ONE PHYSICIAN MEMBER OF MEDCHI, THE MARYLAND STATE
MEDICAL SOCIETY;
(7) TWO PHYSICIAN MEMBERS OF THE MARYLAND CHAPTER OF THE
AMERICAN ACADEMY OF PEDIATRICS WITH EXPER IENCE IN PRIVATE PRA CTICE
AND INFECTIOUS DISEA SES;
(8) ONE PHYSICIAN MEMBER OF THE MARYLAND ACADEMY OF
FAMILY PHYSICIANS;
(9) ONE SCHOOL–BASED HEALTH CARE PR OVIDER MEMBER OF THE
MARYLAND ASSEMBLY ON SCHOOL–BASED HEALTH CARE;
(10) ONE SCHOOL NURSE MEMB ER OF THE MARYLAND ASSOCIATION
OF SCHOOL HEALTH NURSES OR THE MARYLAND NURSES ASSOCIATION;
(9) (11) ONE PHYSICIAN MEMBER OF THE AMERICAN COLLEGE OF
PHYSICIANS – INTERNAL MEDICINE SOCIETY OF MARYLAND; AND
(10) (12) UP TO THREE ADDITIONA L MEMBERS SELECTED B Y THE
SECRETARY.
[(d)] (E) [The] EXCEPT FOR THE MEMBER S LISTED IN SUBSECTI ON (C)(1)
AND, (2), AND (4) OF THIS SECTION, THE Secretary shall appoint the membership of the
Commission, based on the recommendation of the appropriate medical society or agency.
[(e)] (F) (1) The Secretary, in consultation with MedChi, The Maryland State
Medical Society, shall appoint the chair of the Commission.
(2) The chair of the Commission shall:
(i) Establish subcommittees to facilitate the work of the
Commission; and
(ii) Appoint subcommittee chairs from among the Commission
members.
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[(f)] (G) (1) THIS SUBSECTION APPLI ES ONLY TO MEMBERS WHO ARE
SUBJECT TO TERM LIMI TS.
(2) The term of an appointed member is [3] 4 years.
[(2) A member who is appointed after a term has begun serves only for the
rest of the term and until a successor is appointed and qualifies.
(3) At the end of a term, a member continues to serve until a successor is
appointed and qualifies.
(4) A member may be appointed for more than one term.]
(3) SUBJECT TO PARAGRAPH (5) OF THIS SUBSECTION , A MEMBER
MAY SERVE TWO CONSEC UTIVE TERMS.
(4) AT THE END OF A TERM , A MEMBER CONTINUES T O SERVE UNTIL
A SUCCESSOR IS APPOI NTED AND QUALIFIES .
(5) A MEMBER WHO SERVES TW O CONSECUTIVE FULL 4–YEAR TERMS
MAY NOT BE REAPPOINT ED FOR 4 YEARS AFTER THE COMP LETION OF THOSE TERM S.
[(5)] (6) The terms of the members of the Commission are staggered as
required by the terms provided for the members of the Commission on June 1, 2010.
(H) IF A VACANCY FOR AN A PPOINTED MEMBER OF T HE COMMISSION
OCCURS, THE SECRETARY SHALL PROMP TLY APPOINT A SUCCES SOR.
[(g)] (I) A member of the Commission may not receive compensation but is
entitled to reimbursement for expenses under the Standard State Travel Regulations, as
provided in the State budget.
[(h)] (J) The Department shall provide the staffing for the Commission.
[(i)] (K) The Commission shall:
(1) Determine where community vaccine shortages exist and which
vaccines are in short supply;
(2) Develop a recommendation for a plan to effectuate the equitable
distribution of vaccines;
(3) Review:
LAWRENCE J. HOGAN, JR., Governor Ch. 220
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(i) Potential provider reimbursement barriers to increasing
immunizations;
(ii) The relative effectiveness of outreach programs that educate the
public about the benefits of immunizations;
(iii) Potential cost–shifting of immunization expenses for privately
insured patients who receive immunizations at local health departments; and
(iv) Potential administrative burdens associated with State
purchasing of vaccines;
(4) Based on the review required under item (3) of this subsection, make
recommendations on how to increase immunizations, including catch–up immunizations,
among adults, adolescents, and children who are recommended to receive immunizations;
and
(5) Study and make recommendations about other related issues as
determined by the Commission, including:
(i) Immunizations required of children entering schools;
(ii) All available options for the purchasing of vaccines, including the
development of a Universal Vaccine Purchasing System, or a similar program to increase
access to necessary vaccines, for the State;
(iii) An update on the status of the use of thimerosal in vaccines,
including the availability and affordability of thimerosal–free vaccines, and any other issue
related to the use of thimerosal in vaccines that is identified by the Commission;
(iv) Elimination of any vaccine distribution disparities;
(v) A public education campaign in the event of a vaccine shortage
or public health emergency involving immunizations; and
(vi) The availability and affordability of adult, adolescent, and
childhood vaccines.
[(j)] (L) The Commission may recommend to the Department that information
on vaccine safety be communicated to health care providers.
[(k)] (M) On or before December 15 of each year, the Commission shall submit a
report on its findings and recommendations to the Governor and, in accordance with §
2–1257 of the State Government Article, to the Senate Education, Health, and
Environmental Affairs Committee and the House Health and Government Operations
Committee. Ch. 220 2022 LAWS OF MARYLAND
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2022.
Approved by the Governor, April 21, 2022.