North Dakota 2025-2026 Regular Session

North Dakota House Bill HB1467 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	25.0296.03002
2		-	Title.04000
3		-	Adopted by the Human Services
4		-	Committee
	1	+	25.0296.03000
5	2		Sixty-ninth
6		-	February 19, 2025
7	3		Legislative Assembly
8	4		of North Dakota
9	5		Introduced by
10	6		Representative D. Anderson
11	7		A BILL for an Act to create and enact a new section to chapter 23-12 of the North Dakota
12	8		Century Code, relating to recording and reporting vaccine adverse event data; to amend and
13	9		reenact section 23-12-22 of the North Dakota Century Code, relating to the publication of
14		-	vaccine adverse event data and information; ~~and~~ to provide for a legislative management
15		-	~~report; to~~ provide an appropriation; to provide a continuing appropriation; and to provide an
16		-	~~expiration~~ date.
	10	+	vaccine adverse event data and information; to provide for a legislative management report; to
	11	+	provide an appropriation; to provide a continuing appropriation; and to provide an expiration
	12	+	date.
17	13		BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
18	14		SECTION 1. AMENDMENT. Section 23-12-22 of the North Dakota Century Code is
19	15		amended and reenacted as follows:
20	16		23-12-22. Vaccine adverse event data - Website.
21	17		1.The department of health and human services shall prominently:
22		-	a. 1. Prominently display, on a website maintained by the department, a link to the federal
23		-	vaccine adverse event reporting system, along with instructions on how to report an
24		-	adverse event and how to access state-specific data. The department may compile its
25		-	own data for use on this website.; and
26		-	b. 2. Provide information about the vaccine adverse event data system maintained by the
27		-	department under section 2 of this Act, including recording and reporting requirements
28		-	for health care providers By July first of each even - numbered year, provide a report to
29		-	the legislative management of all state-specific data and a summary of all reported
30		-	data nationally .
31		-	Page No. 1 25.0296.03002
	18	+	a.Prominently display, on a website maintained by the department, a link to the
	19	+	federal vaccine adverse event reporting system, along with instructions on how to
	20	+	report an adverse event and how to access state-specific data. The department
	21	+	may compile its own data for use on this website.; and
	22	+	b.Provide information about the vaccine adverse event data system maintained by
	23	+	the department under section 2 of this Act, including recording and reporting
	24	+	requirements for health care providers.
	25	+	2.The department of health and human services may compile its own data for use on its
	26	+	website.
	27	+	SECTION 2. A new section to chapter 23-12 of the North Dakota Century Code is created
	28	+	and enacted as follows:
	29	+	Page No. 1 25.0296.03000
32	30		HOUSE BILL NO. 1467
33		-	~~PROPOSED AMENDMENTS TO~~
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54	54		Legislative Assembly
55		-	2. The department of health and human services may compile its own data for use on its
56		-	website.
57		-	SECTION 2. A new section to chapter 23-12 of the North Dakota Century Code is created
58		-	and enacted as follows:
59	55		Vaccine adverse event data - Recording - Report to department and legislative
60	56		management - Vaccine adverse event data system fund - Continuing appropriation.
61	57		1.As used in this section:
62	58		a."Department" means the department of health and human services.
63	59		b."Health care provider" means a licensed individual or facility providing health care
64	60		services.
65	61		c."Vaccine" means a vaccine recommended by the federal advisory committee on
66	62		immunization practices of the centers for disease control and prevention.
67	63		d."Vaccine administration error" means a preventable event that may cause or lead
68	64		to inappropriate vaccine use or patient harm. The term includes administering a
69	65		wrong or expired vaccine; using the incorrect route, site, or dosage; scheduling
70	66		errors; improper preparation or storage; and administering a vaccine to the wrong
71	67		individual.
72	68		2.The department shall:
73	69		a.Establish and administer a system to record and compile reported vaccine
74	70		adverse event data;
75	71		b.Designate the adverse events a health care provider shall report to the
76	72		department, including:
77	73		(1)An adverse event required to be reported under the National Childhood
78	74		Vaccine Injury Act of 1986 [Pub. L. 99-660; 100 Stat. 3774; 42 U.S.C.
79	75		300aa-25 et seq.]; and
80	76		(2)A vaccine administration error;
81	77		c.Establish time frames and methods for reporting;
82	78		d.Develop forms for reporting ;
83	79		e.Adopt rules necessary to implement this section; and
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115	80		f.By July first of each even - numbered year, provide a comprehensive report to the
116	81		legislative management, which includes a summary of all reported data and the
117	82		overall effectiveness of the system.
118	83		3.A health care provider that administers a vaccine to an individual shall report every
119	84		occurrence of an adverse event to the department, on a form prescribed by the
120	85		department.
121		-	4. A member of the public may report an adverse event to the department in a manner
122		-	prescribed by the department.
123		-	5. A report required by this section and held by the department is confidential
124		-	information. Unless otherwise provided by law, information that may identify an
125		-	individual may not be disclosed to any person except:
126		-	a. The individual who received the vaccine, or that individual's parent, legal
127		-	guardian, or legal representative; and
128		-	b. For statistical purposes, in a manner such that personally identifiable information
129		-	can not be identified.
130		-	6. An officer or employee of the department may not be examined in any judicial,
131		-	executive, legislative, or other proceeding regarding the existence or content of any
132		-	individual's report retained by the department under this section.
133		-	7. There is created in the state treasury a vaccine adverse event data system fund. The
134		-	fund consists of all moneys transferred to the fund and all interest and earnings upon
135		-	moneys in the fund. Moneys in the fund are appropriated to the department on a
136		-	continuing basis for the purpose of administering the provisions of this chapter.
137		-	SECTION 3. APPROPRIATION - DEPARTMENT OF HEALTH AND HUMAN SERVICES -
138		-	VACCINE ADVERSE EVENT DATA SYSTEM. There is appropriated out of any moneys in the
139		-	general fund in the state treasury, not otherwise appropriated, the sum of $100,000, or so much
140		-	of the sum as may be necessary, to the department of health and human services for the
141		-	purpose of establishing and administering a system to record and compile reported vaccine
142		-	adverse event data, for the biennium beginning July 1, 2025, and ending June 30, 2027.
143		-	SECTION 4. EXPIRATION DATE. This Act is effective through June 30, 2029, and after that
144		-	date is ineffective.
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	117	+	31 Sixty-ninth
	118	+	Legislative Assembly
	119	+	4.A member of the public may report an adverse event to the department in a manner
	120	+	prescribed by the department.
	121	+	5.A report required by this section and held by the department is confidential
	122	+	information. Unless otherwise provided by law, information that may identify an
	123	+	individual may not be disclosed to any person except:
	124	+	a.The individual who received the vaccine, or that individual's parent, legal
	125	+	guardian, or legal representative; and
	126	+	b.For statistical purposes, in a manner such that personally identifiable information
	127	+	can not be identified.
	128	+	6.An officer or employee of the department may not be examined in any judicial,
	129	+	executive, legislative, or other proceeding regarding the existence or content of any
	130	+	individual's report retained by the department under this section.
	131	+	7.There is created in the state treasury a vaccine adverse event data system fund. The
	132	+	fund consists of all moneys transferred to the fund and all interest and earnings upon
	133	+	moneys in the fund. Moneys in the fund are appropriated to the department on a
	134	+	continuing basis for the purpose of administering the provisions of this chapter.
	135	+	SECTION 3. APPROPRIATION - DEPARTMENT OF HEALTH AND HUMAN SERVICES -
	136	+	VACCINE ADVERSE EVENT DATA SYSTEM. There is appropriated out of any moneys in the
	137	+	general fund in the state treasury, not otherwise appropriated, the sum of $100,000, or so much
	138	+	of the sum as may be necessary, to the department of health and human services for the
	139	+	purpose of establishing and administering a system to record and compile reported vaccine
	140	+	adverse event data, for the biennium beginning July 1, 2025, and ending June 30, 2027.
	141	+	SECTION 4. EXPIRATION DATE. This Act is effective through June 30, 2029, and after that
	142	+	date is ineffective.
	143	+	Page No. 3 25.0296.03000
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