North Carolina 2025-2026 Regular Session

North Carolina House Bill H803 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 803
	3	+	H D
	4	+	HOUSE BILL DRH30333-MG-1A
	5	+
5	6
6	7
7	8		Short Title: 3-Year FDA Approval for New Childhood Vaxx. (Public)
8		-	Sponsors: Representatives Blackwell, Biggs, Potts, and Rhyne (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Health, if favorable, Education - K-12, if favorable, Rules, Calendar, and
11		-	Operations of the House
12		-	April 8, 2025
13		-	H803 -v-1
	9	+	Sponsors: Representative Blackwell.
	10	+	Referred to:
	11	+
	12	+	DRH30333 -MG-1A
14	13		A BILL TO BE ENTITLED 1
15	14		AN ACT PROHIBITING THE COMMISSION FOR PUBLIC HEALTH FROM ADDING 2
16	15		ANY NEW VACCINES TO THE STATE 'S CHILDHOOD IMMUNIZATION SCHEDULE 3
17	16		UNLESS THE VACCINE HAS EITHER BEEN APPROVED BY THE UNITED STATES 4
18	17		FOOD AND DRUG ADMINISTRATION (FDA) FOR A MINIMUM OF THREE YEARS 5
19	18		OR, IF FDA-APPROVED FOR LESS THAN THREE YEARS, UPON THE 6
20	19		RECOMMENDATION OF BOTH THE NORTH CAROLINA MEDICAL SOCIETY 7
21	20		BOARD OF DIRECTORS AND THE NORTH CAROLINA PEDIATRIC SOCIETY 8
22	21		BOARD OF DIRECTORS. 9
23	22		The General Assembly of North Carolina enacts: 10
24	23		SECTION 1. G.S. 130A-152 reads as rewritten: 11
25	24		"§ 130A-152. Immunization required. 12
26	25		(a) Every child present in this State shall be immunized against diphtheria, tetanus, 13
27	26		whooping cough, poliomyelitis, red measles (rubeola) and rubella. In addition, except as 14
28	27		provided in subsection (f) of this section, every child present in this State shall be immunized 15
29	28		against any other disease upon (i) a determination by the Commission that the immunization is 16
30	29		in the interest of the public health. health and (ii) confirmation by the Commission that the 17
31	30		vaccine used for immunization has been approved by the United States Food and Drug 18
32	31		Administration (FDA) for a minimum of three years. The Commission may, however, add to the 19
33	32		State's childhood immunization schedule an FDA-approved vaccine that has been approved for 20
34	33		less than the minimum three-year period specified in this subsection upon recommendation by 21
35	34		both the North Carolina Medical Society Board of Directors and the North Carolina Pediatric 22
36	35		Society Board of Directors. 23
37	36		(a1) Every parent, guardian, person in loco parentis and person or agency, whether 24
38	37		governmental or private, with legal custody of a child shall have the responsibility to ensure is 25
39	38		responsible for ensuring that the child has received the required each immunization required by 26
40	39		this section at the age required specified by the Commission. If a child has not received the a 27
41	40		required immunizations immunization by the specified age, the responsible person shall obtain 28
42	41		the required immunization for the child as soon as possible after the lack of the required 29
43	42		immunization is determined. 30
44	43		(b) Repealed by Session Laws 2002-179, s. 10, effective October 1, 2002. 31
45	44		(c) The Commission shall adopt and the Department shall enforce rules concerning the 32
46	45		implementation of the an immunization program. program that meets the requirements of this 33
47		-	Part. The rules shall provide for:delineate all of the following: 34 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 803-First Edition
49		-	(1) The child's age at administration of each vaccine;vaccine. 1
50		-	(2) The number of doses of each vaccine;vaccine. 2
51		-	(3) Exemptions from the immunization requirements where medical practice 3
52		-	suggests that immunization would not be in the best health interests of a 4
53		-	specific category of children;children. 5
54		-	(4) The procedures and practices for administering the vaccine; andvaccine. 6
55		-	(5) Redistribution of vaccines provided to local health departments. 7
56		-	(6) Reasonable fees health care providers may charge for the administration of 8
57		-	vaccines provided by the State, in accordance with subsection (b) of 9
58		-	G.S. 130A-433. 10
59		-	(7) Limitations on the requirements that can be placed on children and their 11
60		-	parents, guardians, or custodians as a condition for receiving vaccines 12
61		-	provided by the State. 13
62		-	(c1) The Commission for Public Health shall, pursuant to G.S. 130A-152 and 14
63		-	G.S. 130A-433, adopt rules establishing reasonable fees for the administration of vaccines and 15
64		-	rules limiting the requirements that can be placed on children, their parents, guardians, or 16
65		-	custodians as a condition for receiving vaccines provided by the State. These rules shall become 17
66		-	effective January 1, 1994. 18
67		-	(d) Only vaccine preparations which that meet the standards of the United States Food 19
68		-	and Drug Administration or its successor in licensing vaccines and are approved for use by the 20
69		-	Commission may be used. 21
70		-	(e) When the Commission requires immunization against a disease not listed in paragraph 22
71		-	subsection (a) of this section, or requires an additional dose of a vaccine, the Commission is 23
72		-	authorized to exempt from the new requirement children who are or who have been enrolled in 24
73		-	school (K-12) on or before the effective date of the new requirement. 25
74		-	(f) Notwithstanding this section or other applicable State law, the Commission for Public 26
75		-	Health, public school units, community colleges, constituent institutions of The University of 27
76		-	North Carolina, and any private colleges or universities receiving State funds are prohibited from 28
77		-	requiring a student to (i) provide proof of vaccination against the coronavirus disease of 2019 29
78		-	(COVID-19) or to (ii) submit to a COVID-19 vaccination or series of COVID-19 vaccinations 30
79		-	unless the requirement for vaccination or proof of vaccination is required for participating in a 31
80		-	program of study, or fulfilling education requirements for a program, that requires working, 32
81		-	volunteering, or training in a facility certified by the Centers for Medicare and Medicaid 33
82		-	Services." 34
83		-	SECTION 2. This act is effective when it becomes law and applies to new vaccine 35
84		-	requirements established for children in this State on or after that date. 36
	46	+	Part. The rules shall provide for:delineate all of the following: 34
	47	+	(1) The child's age at administration of each vaccine;vaccine. 35
	48	+	(2) The number of doses of each vaccine;vaccine. 36
	49	+	H.B. 803
	50	+	Apr 7, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH30333-MG-1A
	53	+	(3) Exemptions from the immunization requirements where medical practice 1
	54	+	suggests that immunization would not be in the best health interests of a 2
	55	+	specific category of children;children. 3
	56	+	(4) The procedures and practices for administering the vaccine; andvaccine. 4
	57	+	(5) Redistribution of vaccines provided to local health departments. 5
	58	+	(6) Reasonable fees health care providers may charge for the administration of 6
	59	+	vaccines provided by the State, in accordance with subsection (b) of 7
	60	+	G.S. 130A-433. 8
	61	+	(7) Limitations on the requirements that can be placed on children and their 9
	62	+	parents, guardians, or custodians as a condition for receiving vaccines 10
	63	+	provided by the State. 11
	64	+	(c1) The Commission for Public Health shall, pursuant to G.S. 130A-152 and 12
	65	+	G.S. 130A-433, adopt rules establishing reasonable fees for the administration of vaccines and 13
	66	+	rules limiting the requirements that can be placed on children, their parents, guardians, or 14
	67	+	custodians as a condition for receiving vaccines provided by the State. These rules shall become 15
	68	+	effective January 1, 1994. 16
	69	+	(d) Only vaccine preparations which that meet the standards of the United States Food 17
	70	+	and Drug Administration or its successor in licensing vaccines and are approved for use by the 18
	71	+	Commission may be used. 19
	72	+	(e) When the Commission requires immunization against a disease not listed in paragraph 20
	73	+	subsection (a) of this section, or requires an additional dose of a vaccine, the Commission is 21
	74	+	authorized to exempt from the new requirement children who are or who have been enrolled in 22
	75	+	school (K-12) on or before the effective date of the new requirement. 23
	76	+	(f) Notwithstanding this section or other applicable State law, the Commission for Public 24
	77	+	Health, public school units, community colleges, constituent institutions of The University of 25
	78	+	North Carolina, and any private colleges or universities receiving State funds are prohibited from 26
	79	+	requiring a student to (i) provide proof of vaccination against the coronavirus disease of 2019 27
	80	+	(COVID-19) or to (ii) submit to a COVID-19 vaccination or series of COVID-19 vaccinations 28
	81	+	unless the requirement for vaccination or proof of vaccination is required for participating in a 29
	82	+	program of study, or fulfilling education requirements for a program, that requires working, 30
	83	+	volunteering, or training in a facility certified by the Centers for Medicare and Medicaid 31
	84	+	Services." 32
	85	+	SECTION 2. This act is effective when it becomes law and applies to new vaccine 33
	86	+	requirements established for children in this State on or after that date. 34