HB 3010: "An Act relating to vaccines and vaccinations; relating to liability for vaccines; relating to the administration of vaccines; relating to the provision of information before vaccinations; relating to the sale and advertisement of vaccines; relating to exemptions from vaccinations; relating to pharmacists and other health care providers; relating to health care insurers; relating to schools; relating to the Board of Pharmacy; relating to the Department of Education and Early Development; relating to the Department of Health and Social Services; relating to unfair trade practices; and providing for an effective date."
00 HOUSE BILL NO. 3010 01 "An Act relating to vaccines and vaccinations; relating to liability for vaccines; relating 02 to the administration of vaccines; relating to the provision of information before 03 vaccinations; relating to the sale and advertisement of vaccines; relating to exemptions 04 from vaccinations; relating to pharmacists and other health care providers; relating to 05 health care insurers; relating to schools; relating to the Board of Pharmacy; relating to 06 the Department of Education and Early Development; relating to the Department of 07 Health and Social Services; relating to unfair trade practices; and providing for an 08 effective date." 09 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 10 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 11 to read: 12 SHORT TITLE. This Act may be known as the Vaccine Consumer Protection Act.
01 * Sec. 2. AS 08.80.030(b) is amended to read: 02 (b) In order to fulfill its responsibilities, the board has the powers necessary 03 for implementation and enforcement of this chapter, including the power to 04 (1) elect a president and secretary from its membership and adopt rules 05 for the conduct of its business; 06 (2) license by examination or by license transfer the applicants who are 07 qualified to engage in the practice of pharmacy; 08 (3) assist the department in inspections and investigations for 09 violations of this chapter, or of any other state or federal statute relating to the practice 10 of pharmacy; 11 (4) adopt regulations to carry out the purposes of this chapter; 12 (5) establish and enforce compliance with professional standards and 13 rules of conduct for pharmacists engaged in the practice of pharmacy; 14 (6) determine standards for recognition and approval of degree 15 programs of schools and colleges of pharmacy whose graduates shall be eligible for 16 licensure in this state, including the specification and enforcement of requirements for 17 practical training, including internships; 18 (7) establish for pharmacists and pharmacies minimum specifications 19 for the physical facilities, technical equipment, personnel, and procedures for the 20 storage, compounding, and dispensing of drugs or related devices, and for the 21 monitoring of drug therapy; 22 (8) enforce the provisions of this chapter relating to the conduct or 23 competence of pharmacists practicing in the state, and the suspension, revocation, or 24 restriction of licenses to engage in the practice of pharmacy; 25 (9) license and regulate the training, qualifications, and employment of 26 pharmacy interns and pharmacy technicians; 27 (10) issue licenses to persons engaged in the manufacture and 28 distribution of drugs and related devices; 29 (11) establish and maintain a controlled substance prescription 30 database as provided in AS 17.30.200; 31 (12) establish standards for the independent administration by a
01 pharmacist of vaccines and related emergency medications under AS 08.80.168, 02 including the completion of an immunization training program approved by the board 03 and compliance with AS 18.15.500 - 18.15.580; 04 (13) establish standards for the independent dispensing by a 05 pharmacist of an opioid overdose drug under AS 17.20.085, including the completion 06 of an opioid overdose training program approved by the board; 07 (14) require that a licensed pharmacist register with the controlled 08 substance prescription database under AS 17.30.200(n); 09 (15) establish the qualifications and duties of the executive 10 administrator and delegate authority to the executive administrator that is necessary to 11 conduct board business; 12 (16) license and inspect the facilities of wholesale drug distributors, 13 third-party logistics providers, and outsourcing facilities located outside the state 14 under AS 08.80.159. 15 * Sec. 3. AS 09.65 is amended by adding a new section to read: 16 Sec. 09.65.355. Liability of entities that encourage the administration of a 17 COVID-19 vaccine. (a) Notwithstanding AS 09.50.250 and AS 09.65.070, an 18 employer who incentivizes, induces, or encourages an employee or prospective 19 employee to accept administration of a vaccine for novel coronavirus disease 20 (COVID-19), or penalizes or threatens to penalize an employee for not receiving a 21 COVID-19 vaccine, is civilly liable for any damages incurred by the employee or 22 prospective employee as the result of an adverse reaction to the COVID-19 vaccine, to 23 the extent permitted by federal law. 24 (b) Notwithstanding AS 09.50.250 and AS 09.65.070, a school or school 25 district that requires a student or prospective student to accept administration of a 26 COVID-19 vaccine, or penalizes or threatens to penalize a student or prospective 27 student for not receiving a COVID-19 vaccine, is civilly liable for any damages 28 incurred by the student or prospective student as a result of an adverse reaction to the 29 COVID-19 vaccine, to the extent permitted by federal law. In this subsection, "school" 30 means a public or private pre-elementary, elementary, or secondary school, or a 31 college or university.
01 (c) A business or nonprofit entity that requires an individual to be vaccinated 02 against COVID-19 for the individual to access an area or service that is open to the 03 public is civilly liable for any damages incurred by the individual as a result of an 04 adverse reaction to the COVID-19 vaccine if the individual obtains a COVID-19 05 vaccine to access an area or service of the business or nonprofit entity, to the extent 06 permitted by federal law. 07 * Sec. 4. AS 14.07.020(a) is amended to read: 08 (a) The department shall 09 (1) exercise general supervision over the public schools of the state 10 except the University of Alaska; 11 (2) study the conditions and needs of the public schools of the state, 12 adopt or recommend plans, administer and evaluate grants to improve school 13 performance awarded under AS 14.03.125, and adopt regulations for the improvement 14 of the public schools; the department may consult with the University of Alaska to 15 develop secondary education requirements to improve student achievement in college 16 preparatory courses; 17 (3) provide advisory and consultative services to all public school 18 governing bodies and personnel; 19 (4) prescribe by regulation a minimum course of study for the public 20 schools; the regulations must provide that, if a course in American Sign Language is 21 given, the course shall be given credit as a course in a foreign language; 22 (5) establish, in coordination with the Department of Health and Social 23 Services, a program for the continuing education of children who are held in juvenile 24 detention facilities or juvenile treatment facilities, as those terms are defined in 25 AS 47.12.990, in the state during the period of detention or treatment; 26 (6) accredit those public schools that meet accreditation standards 27 prescribed by regulation by the department; these regulations shall be adopted by the 28 department and presented to the legislature during the first 10 days of any regular 29 session, and become effective 45 days after presentation or at the end of the session, 30 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 31 the members of each house;
01 (7) prescribe by regulation, after consultation with the state fire 02 marshal and the state sanitarian, standards that will ensure healthful and safe 03 conditions in the public and private schools of the state, including a requirement of 04 physical examinations and, subject to AS 09.65.355(b), immunizations in pre- 05 elementary schools; the standards for private schools may not be more stringent than 06 those for public schools; 07 (8) exercise general supervision over pre-elementary schools that 08 receive direct state or federal funding; 09 (9) exercise general supervision over elementary and secondary 10 correspondence study programs offered by municipal school districts or regional 11 educational attendance areas; the department may also offer and make available to any 12 Alaskan through a centralized office a correspondence study program; 13 (10) accredit private schools that request accreditation and that meet 14 accreditation standards prescribed by regulation by the department; nothing in this 15 paragraph authorizes the department to require religious or other private schools to be 16 licensed; 17 (11) review plans for construction of new public elementary and 18 secondary schools and for additions to and major rehabilitation of existing public 19 elementary and secondary schools and, in accordance with regulations adopted by the 20 department, determine and approve the extent of eligibility for state aid of a school 21 construction or major maintenance project; for the purposes of this paragraph, "plans" 22 include educational specifications, schematic designs, projected energy consumption 23 and costs, and final contract documents; 24 (12) provide educational opportunities in the areas of vocational 25 education and training, and basic education to individuals over 16 years of age who 26 are no longer attending school; the department may consult with businesses and labor 27 unions to develop a program to prepare students for apprenticeships or internships that 28 will lead to employment opportunities; 29 (13) administer the grants awarded under AS 14.11; 30 (14) establish, in coordination with the Department of Public Safety, a 31 school bus driver training course;
01 (15) require the reporting of information relating to school disciplinary 02 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 03 behavior; 04 (16) establish by regulation criteria, based on low student performance, 05 under which the department may intervene in a school district to improve instructional 06 practices, as described in AS 14.07.030(a)(14) or (15); the regulations must include 07 (A) a notice provision that alerts the district to the deficiencies 08 and the instructional practice changes proposed by the department; 09 (B) an end date for departmental intervention, as described in 10 AS 14.07.030(a)(14)(A) and (B) and (15), after the district demonstrates three 11 consecutive years of improvement consisting of not less than two percent 12 increases in student proficiency on standards-based assessments in language 13 arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and 14 (C) a process for districts to petition the department for 15 continuing or discontinuing the department's intervention; 16 (17) notify the legislative committees having jurisdiction over 17 education before intervening in a school district under AS 14.07.030(a)(14) or 18 redirecting public school funding under AS 14.07.030(a)(15). 19 * Sec. 5. AS 14.30.125 is amended to read: 20 Sec. 14.30.125. Immunization. If in the judgment of the commissioner of 21 health and social services it is necessary for the welfare of the children or the general 22 public in an area, the governing body of the school district shall require the children 23 attending school in that area to be immunized, subject to AS 09.65.355(b), against the 24 diseases the commissioner of health and social services may specify. 25 * Sec. 6. AS 18.15.360 is amended by adding a new subsection to read: 26 (e) The department shall adopt regulations creating a screening checklist of 27 contraindications for vaccines for patients who are under 18 years of age. The 28 checklist must include questions concerning the patient's current health status, 29 allergies, previous vaccinations, serious adverse reactions to vaccines, long-term 30 health issues, family history of seizures and brain or nervous disorders, family 31 members who have experienced an adverse reaction to a vaccine, and immune system
01 problems or family history of immune system problems. In this subsection, 02 "vaccination" and "vaccine" have the meanings given in AS 18.15.580. 03 * Sec. 7. AS 18.15 is amended by adding new sections to read: 04 Article 7A. Vaccines and Vaccinations. 05 Sec. 18.15.500. Information on vaccine. (a) A health care provider or health 06 care facility that recommends or administers a vaccine to a patient shall, before 07 administering the vaccine, provide to the patient or, if the patient is a minor, to the 08 patient's parent or guardian information that identifies the risks and benefits of the 09 vaccine based on the patient's health record and the right of the patient or, if the 10 patient is a minor, the patient's parent or guardian to accept or refuse the vaccine. 11 (b) The information provided under (a) of this section must be in writing, must 12 be signed by the patient or, if the patient is a minor, the patient's parent or guardian 13 and must include 14 (1) the name and manufacturer of the vaccine; 15 (2) the ingredients of the vaccine, including adjuvants and excipients; 16 in this paragraph, 17 (A) "adjuvant" means a substance that enhances the 18 pharmacological effect of a drug or increases the ability of an antigen to 19 stimulate the immune system; 20 (B) "excipient" means an ingredient that is intentionally added 21 to a drug for a purpose other than the therapeutic or diagnostic effect at the 22 intended dose; 23 (3) the Internet website of the manufacturer for access to the vaccine 24 manufacturer's product insert for disclosed contraindications and adverse events and 25 any related information; 26 (4) the Internet website of the United States Health Resources and 27 Services Administration for access to the vaccine injury compensation program and 28 the vaccine injury table and information regarding reports of adverse effects and 29 recalls of vaccines; 30 (5) the Internet website of the United States Food and Drug 31 Administration for access to vaccine recall information;
01 (6) information regarding patient exemption rights, including the right 02 to an exemption from a vaccination for a medical, personal, religious, or other reason; 03 (7) information regarding rights concerning vaccination data collection 04 by the department; 05 (8) information regarding limitations on liability for a person who 06 administers a vaccine; 07 (9) information regarding incentives received by the health care 08 provider or health care facility related to vaccination services; 09 (10) information regarding the risks of contracting the disease or 10 illness for which the vaccine is given; 11 (11) the name, manufacturer, and ingredients of any vaccine scheduled 12 to be administered to the patient at a future appointment; and 13 (12) a notification of the patient's right of action against a vaccine 14 manufacturer for an injury resulting from the vaccine that was not specified in the 15 manufacturer's product insert. 16 (c) If the department publishes an advertisement that promotes a vaccine, the 17 department shall list potential adverse reactions associated with the vaccine and 18 identify persons for whom the Centers for Disease Control and Prevention, United 19 States Department of Health and Human Services, recommends against receiving the 20 vaccine. 21 Sec. 18.15.510. Vaccine contraindication checklist. A health care provider or 22 health care facility shall, before administering a vaccine to a patient who is a minor, 23 ensure that the patient's parent or guardian has completed the vaccine contraindication 24 checklist created by the department under AS 18.15.360(e). 25 Sec. 18.15.520. Adverse events. A health care provider or health care facility 26 that observes a patient experience an adverse event as a result of receiving a vaccine, 27 or that receives a report from a patient or a patient's family member that the patient has 28 recently experienced an adverse event as a result of receiving a vaccine, shall report 29 the adverse event in a timely manner to the Vaccine Adverse Event Reporting System 30 in the United States Department of Health and Human Services and record the vaccine 31 adverse event in the patient's medical record.
01 Sec. 18.15.530. Prohibitions. (a) A health care provider or health care facility 02 may not 03 (1) limit or deny health care services or benefits to a patient or harass, 04 coerce, scold, or threaten a patient or a patient's parent or guardian because the patient 05 or the patient's parent or guardian delays or declines a vaccination; or 06 (2) recommend or administer a vaccine to a patient who is a minor 07 without the consent of the patient's parent or guardian. 08 (b) A health care insurer may not deny insurance coverage or increase 09 insurance premiums for an individual who has delayed or declined a vaccination or 10 otherwise treat the individual differently than an individual who has received a 11 vaccination. 12 Sec. 18.15.540. Prohibition on sale and advertising. (a) A person, the state, 13 or a political subdivision of the state may not use the word "vaccine" to sell or 14 advertise for sale a product that 15 (1) is not a vaccine; 16 (2) contains both a vaccine and a product that is not a vaccine; or 17 (3) is administered to a patient without the voluntary and knowing 18 consent of the patient. 19 (b) A person that knowingly violates this section is guilty of a class A 20 misdemeanor punishable as provided in AS 12.55. In this subsection, "knowingly" has 21 the meaning given in AS 11.81.900. 22 Sec. 18.15.550. Civil penalty. (a) A health care provider, health care facility, 23 or health care insurer that violates a provision of AS 18.15.500 - 18.15.530 is liable for 24 a civil penalty to be assessed after a hearing by the state agency or licensing or 25 regulatory board that has jurisdiction over the health care provider, health care facility, 26 or health care insurer of up to $1,000 for the first violation and up to $5,000 for each 27 subsequent violation. 28 (b) When determining the amount of a civil penalty to be assessed at a hearing 29 conducted under (a) of this section, the state agency or licensing or regulatory board 30 shall consider 31 (1) the scope and severity of the violation, including the number of
01 people affected by the violation; 02 (2) any action taken by the health care provider, health care facility, or 03 health care insurer to remedy the violation; and 04 (3) the number of previous violations by the health care provider, 05 health care facility, or health care insurer. 06 Sec. 18.15.560. Publication of summary. The department shall publish on its 07 Internet website a summary of the rights, duties, prohibitions, and penalties contained 08 in AS 18.15.500 - 18.15.580. 09 Sec. 18.15.570. Confidentiality of an individual's vaccine status. The state 10 or a political subdivision of the state may not divulge information to a third party that 11 could be used to determine whether an individual has been vaccinated against novel 12 coronavirus disease (COVID-19). 13 Sec. 18.15.580. Definitions. In AS 18.15.500 - 18.15.580, 14 (1) "health care facility" means an office or institution that provides 15 care or treatment for physical, mental, emotional, dental, physiological, or 16 psychological diseases or conditions; 17 (2) "health care insurer" has the meaning given in AS 21.54.500; 18 (3) "health care provider" means an individual licensed, certified, or 19 otherwise authorized or permitted by law to provide health care services; in this 20 paragraph, "health care services" means care, treatment, a service, or a procedure to 21 maintain, diagnose, or otherwise affect an individual's physical or mental condition; 22 (4) "minor" means an individual under 18 years of age whose 23 disabilities have not been removed under AS 09.55.590; 24 (5) "vaccination" means treatment with a vaccine; 25 (6) "vaccine" means a substance 26 (A) used to stimulate the production of antibodies and provide 27 immunity against a disease; 28 (B) prepared from the causative agent of a disease or its 29 products or from a synthetic substitute; and 30 (C) treated to act as an antigen to a disease without inducing 31 the disease.
01 * Sec. 8. AS 23.30.055 is amended by adding a new subsection to read: 02 (b) Notwithstanding (a) of this section or AS 23.30.045, this chapter does not 03 apply to a claim arising under AS 09.65.355. 04 * Sec. 9. AS 45.50.471(b) is amended by adding a new paragraph to read: 05 (58) violating AS 18.15.540 (vaccine advertisements). 06 * Sec. 10. This Act takes effect immediately under AS 01.10.070(c).