71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3573
 
                           A-Engrossed
 
                         House Bill 3339
                   Ordered by the House May 17
             Including House Amendments dated May 17
 
Sponsored by Representative KRUSE
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Authorizes State Health Officer to declare vaccine
shortage emergency or vaccine shortage crisis in certain
circumstances.  Authorizes Health Division to establish
procedures for addressing vaccine shortages, to impose civil
penalties in certain circumstances and to delegate certain
authority to local public health administrators. Authorizes
division to take title to and redistribute supplies of vaccine
under certain conditions.  Requires payment for vaccine obtained
for purposes of vaccine shortages. - }  { +
  Requires Health Division to adopt by rule Oregon Vaccine
Education and Prioritization Plan. Specifies contents of plan,
including civil penalty of $500 for knowing violation. Describes
circumstances for implementation of plan. + }
 
                        A BILL FOR AN ACT
Relating to vaccine shortages.
Be It Enacted by the People of the State of Oregon: + }
  SECTION 1.  { + Section 2 of this 2001 Act is added to and made
a part of ORS 433.001 to 433.045. + }
  SECTION 2.  { + (1) As used in this section, 'vaccine' includes
vaccines, immune products and chemoprophylactic medications.
  (2) When the State Health Officer of the Health Division
determines that there is clear evidence that adverse and
avoidable health outcomes from a preventable and acute
communicable disease are expected to affect identifiable
categories of high-risk individuals throughout Oregon and that
assistance with the administration of vaccine is warranted due to
a vaccine shortage to protect or treat such individuals, the
health officer shall implement the Oregon Vaccine Education and
Prioritization Plan as provided in subsection (3) of this
section.
  (3) The Health Division shall develop and adopt by rule the
Oregon Vaccine Education and Prioritization Plan to protect the
public health during a vaccine shortage. The plan shall consist
of:
  (a) Guidelines for physicians, nurses, hospitals, health
systems, pharmacies and others that hold vaccines for the
distribution and administration of vaccines. The guidelines shall
include, but are not limited to, a definition of high-risk groups
for priority protection or treatment in the event a vaccine
shortage is imminent;
  (b) Rules for imposing a civil penalty of $500 against persons
who knowingly violate the guidelines for each repeat violation of
the guidelines; and
  (c) Procedures for:
  (A) Mobilizing public and private health resources to assist in
vaccine distribution and administration; and
  (B) Notifying health professional regulatory boards and
licensing authorities of repeated violations of the guidelines by
health professionals regulated by the board or licensed by the
authority. + }
  SECTION 3.  { + By March 1, 2003, the State Health Officer of
the Health Division of the Department of Human Services shall
report to the Seventy-second Legislative Assembly on the
development, use and any problems encountered in the
implementation of the Oregon Vaccine Education and Prioritization
Plan established by section 2 of this 2001 Act. + }
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