HB 266: "An Act relating to vaccines and 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. 266 01 "An Act relating to vaccines and vaccinations; relating to pharmacists and other health 02 care providers; relating to health care insurers; relating to schools; relating to the Board 03 of Pharmacy; relating to the Department of Education and Early Development; relating 04 to the Department of Health and Social Services; relating to unfair trade practices; and 05 providing for an effective date." 06 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 07 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 08 to read: 09 SHORT TITLE. This Act may be known as the Vaccine Consumer Protection Act of 10 2022. 11 * Sec. 2. AS 08.80.030(b) is amended to read: 12 (b) In order to fulfill its responsibilities, the board has the powers necessary 13 for implementation and enforcement of this chapter, including the power to
01 (1) elect a president and secretary from its membership and adopt rules 02 for the conduct of its business; 03 (2) license by examination or by license transfer the applicants who are 04 qualified to engage in the practice of pharmacy; 05 (3) assist the department in inspections and investigations for 06 violations of this chapter, or of any other state or federal statute relating to the practice 07 of pharmacy; 08 (4) adopt regulations to carry out the purposes of this chapter; 09 (5) establish and enforce compliance with professional standards and 10 rules of conduct for pharmacists engaged in the practice of pharmacy; 11 (6) determine standards for recognition and approval of degree 12 programs of schools and colleges of pharmacy whose graduates shall be eligible for 13 licensure in this state, including the specification and enforcement of requirements for 14 practical training, including internships; 15 (7) establish for pharmacists and pharmacies minimum specifications 16 for the physical facilities, technical equipment, personnel, and procedures for the 17 storage, compounding, and dispensing of drugs or related devices, and for the 18 monitoring of drug therapy; 19 (8) enforce the provisions of this chapter relating to the conduct or 20 competence of pharmacists practicing in the state, and the suspension, revocation, or 21 restriction of licenses to engage in the practice of pharmacy; 22 (9) license and regulate the training, qualifications, and employment of 23 pharmacy interns and pharmacy technicians; 24 (10) issue licenses to persons engaged in the manufacture and 25 distribution of drugs and related devices; 26 (11) establish and maintain a controlled substance prescription 27 database as provided in AS 17.30.200; 28 (12) establish standards for the independent administration by a 29 pharmacist of vaccines and related emergency medications under AS 08.80.168, 30 including the completion of an immunization training program approved by the board 31 and compliance with AS 18.15.500 - 18.15.600;
01 (13) establish standards for the independent dispensing by a 02 pharmacist of an opioid overdose drug under AS 17.20.085, including the completion 03 of an opioid overdose training program approved by the board; 04 (14) require that a licensed pharmacist register with the controlled 05 substance prescription database under AS 17.30.200(n); 06 (15) establish the qualifications and duties of the executive 07 administrator and delegate authority to the executive administrator that is necessary to 08 conduct board business; 09 (16) license and inspect the facilities of wholesale drug distributors, 10 third-party logistics providers, and outsourcing facilities located outside the state 11 under AS 08.80.159. 12 * Sec. 3. AS 08.80.480 is amended by adding a new paragraph to read: 13 (40) "vaccine" has the meaning given in AS 18.15.600. 14 * Sec. 4. AS 09.65 is amended by adding a new section to read: 15 Sec. 09.65.360. Liability for disclosure of vaccination status. (a) A person 16 who learns whether an individual has been vaccinated against novel coronavirus 17 disease (COVID-19) and discloses that information to a third party is liable to the 18 individual for damages caused by the loss of privacy. 19 (b) A person who, in violation of AS 11.41.530, coerces an individual to 20 disclose whether the individual has been vaccinated against COVID-19 is liable for 21 damages. 22 * Sec. 5. AS 14.07.020(a) is amended to read: 23 (a) The department shall 24 (1) exercise general supervision over the public schools of the state 25 except the University of Alaska; 26 (2) study the conditions and needs of the public schools of the state, 27 adopt or recommend plans, administer and evaluate grants to improve school 28 performance awarded under AS 14.03.125, and adopt regulations for the improvement 29 of the public schools; the department may consult with the University of Alaska to 30 develop secondary education requirements to improve student achievement in college 31 preparatory courses;
01 (3) provide advisory and consultative services to all public school 02 governing bodies and personnel; 03 (4) prescribe by regulation a minimum course of study for the public 04 schools; the regulations must provide that, if a course in American Sign Language is 05 given, the course shall be given credit as a course in a foreign language; 06 (5) establish, in coordination with the Department of Health and Social 07 Services, a program for the continuing education of children who are held in juvenile 08 detention facilities or juvenile treatment facilities, as those terms are defined in 09 AS 47.12.990, in the state during the period of detention or treatment; 10 (6) accredit those public schools that meet accreditation standards 11 prescribed by regulation by the department; these regulations shall be adopted by the 12 department and presented to the legislature during the first 10 days of any regular 13 session, and become effective 45 days after presentation or at the end of the session, 14 whichever is earlier, unless disapproved by a resolution concurred in by a majority of 15 the members of each house; 16 (7) prescribe by regulation, after consultation with the state fire 17 marshal and the state sanitarian, standards that will ensure healthful and safe 18 conditions in the public and private schools of the state, including a requirement of 19 physical examinations and, subject to AS 18.15.560 and 18.15.590(b), 20 immunizations in pre-elementary schools; the standards for private schools may not be 21 more stringent than those for public schools; 22 (8) exercise general supervision over pre-elementary schools that 23 receive direct state or federal funding; 24 (9) exercise general supervision over elementary and secondary 25 correspondence study programs offered by municipal school districts or regional 26 educational attendance areas; the department may also offer and make available to any 27 Alaskan through a centralized office a correspondence study program; 28 (10) accredit private schools that request accreditation and that meet 29 accreditation standards prescribed by regulation by the department; nothing in this 30 paragraph authorizes the department to require religious or other private schools to be 31 licensed;
01 (11) review plans for construction of new public elementary and 02 secondary schools and for additions to and major rehabilitation of existing public 03 elementary and secondary schools and, in accordance with regulations adopted by the 04 department, determine and approve the extent of eligibility for state aid of a school 05 construction or major maintenance project; for the purposes of this paragraph, "plans" 06 include educational specifications, schematic designs, projected energy consumption 07 and costs, and final contract documents; 08 (12) provide educational opportunities in the areas of vocational 09 education and training, and basic education to individuals over 16 years of age who 10 are no longer attending school; the department may consult with businesses and labor 11 unions to develop a program to prepare students for apprenticeships or internships that 12 will lead to employment opportunities; 13 (13) administer the grants awarded under AS 14.11; 14 (14) establish, in coordination with the Department of Public Safety, a 15 school bus driver training course; 16 (15) require the reporting of information relating to school disciplinary 17 and safety programs under AS 14.33.120 and of incidents of disruptive or violent 18 behavior; 19 (16) establish by regulation criteria, based on low student performance, 20 under which the department may intervene in a school district to improve instructional 21 practices, as described in AS 14.07.030(a)(14) or (15); the regulations must include 22 (A) a notice provision that alerts the district to the deficiencies 23 and the instructional practice changes proposed by the department; 24 (B) an end date for departmental intervention, as described in 25 AS 14.07.030(a)(14)(A) and (B) and (15), after the district demonstrates three 26 consecutive years of improvement consisting of not less than two percent 27 increases in student proficiency on standards-based assessments in language 28 arts and mathematics, as provided in AS 14.03.123(f)(1)(A); and 29 (C) a process for districts to petition the department for 30 continuing or discontinuing the department's intervention; 31 (17) notify the legislative committees having jurisdiction over
01 education before intervening in a school district under AS 14.07.030(a)(14) or 02 redirecting public school funding under AS 14.07.030(a)(15). 03 * Sec. 6. AS 14.30.125 is amended to read: 04 Sec. 14.30.125. Immunization. If, in the judgment of the commissioner of 05 health and social services, it is necessary for the welfare of the children or the general 06 public in an area, the governing body of the school district may [SHALL] require the 07 children attending school in that area to be immunized, subject to AS 18.15.560 and 08 18.15.590(b), against the diseases the commissioner of health and social services may 09 specify. 10 * Sec. 7. AS 18.09.990(11) is repealed and reenacted to read: 11 (11) "vaccine" has the meaning given in AS 18.15.600. 12 * Sec. 8. AS 18.15.360 is amended by adding a new subsection to read: 13 (e) The department shall adopt regulations creating a screening checklist of 14 contraindications for vaccines for patients who are under 18 years of age. The 15 checklist must include questions concerning the patient's current health status, 16 allergies, previous vaccinations, serious adverse reactions to vaccines, long-term 17 health issues, family history of seizures and brain or nervous disorders, family 18 members who have experienced an adverse reaction to a vaccine, and immune system 19 problems or family history of immune system problems. In this subsection, 20 "vaccination" and "vaccine" have the meanings given in AS 18.15.600. 21 * Sec. 9. AS 18.15 is amended by adding new sections to read: 22 Article 7A. Vaccines and Vaccinations. 23 Sec. 18.15.500. Information on vaccine. (a) A health care provider or health 24 care facility that recommends or administers a vaccine to a patient shall, before 25 administering the vaccine, provide to the patient or, if the patient is a minor, to the 26 patient's parent or guardian information that identifies the risks and benefits of the 27 vaccine based on the patient's health record and the right of the patient or, if the 28 patient is a minor, the patient's parent or guardian to accept or refuse the vaccine. 29 (b) The information provided under (a) of this section must be in writing, must 30 be signed by the patient or, if the patient is a minor, the patient's parent or guardian 31 and must include
01 (1) the name and manufacturer of the vaccine; 02 (2) the ingredients of the vaccine, including adjuvants and excipients; 03 in this paragraph, 04 (A) "adjuvant" means a substance that enhances the 05 pharmacological effect of a drug or increases the ability of an antigen to 06 stimulate the immune system; 07 (B) "excipient" means an ingredient that is intentionally added 08 to a drug for a purpose other than the therapeutic or diagnostic effect at the 09 intended dose; 10 (3) the Internet website of the manufacturer for access to the vaccine 11 manufacturer's product insert for disclosed contraindications and adverse events and 12 any related information; 13 (4) the Internet website of the United States Health Resources and 14 Services Administration for access to the vaccine injury compensation program and 15 the vaccine injury table and information regarding reports of adverse effects and 16 recalls of vaccines; 17 (5) the Internet website of the United States Food and Drug 18 Administration for access to vaccine recall information; 19 (6) information regarding patient exemption rights, including the right 20 to an exemption from a vaccination for a medical, personal, religious, or other reason; 21 (7) information regarding rights concerning vaccination data collection 22 by the department; 23 (8) information regarding limitations on liability for a person who 24 administers a vaccine; 25 (9) information regarding incentives received by the health care 26 provider or health care facility related to vaccination services; 27 (10) information regarding the risks of contracting the disease or 28 illness for which the vaccine is given; 29 (11) the name, manufacturer, and ingredients of any vaccine scheduled 30 to be administered to the patient at a future appointment; and 31 (12) a notification of any potential right of action the patient may have
01 against a vaccine manufacturer for an injury resulting from the vaccine that was not 02 specified in the manufacturer's product insert. 03 (c) If the department publishes an advertisement that promotes a vaccine, the 04 department shall list potential adverse reactions associated with the vaccine and 05 identify persons for whom the Centers for Disease Control and Prevention, United 06 States Department of Health and Human Services, recommends against receiving the 07 vaccine. 08 Sec. 18.15.510. Vaccine contraindication checklist. A health care provider or 09 health care facility shall, before administering a vaccine to a patient who is a minor, 10 ensure that the patient's parent or guardian has completed the vaccine contraindication 11 checklist created by the department under AS 18.15.360(e). 12 Sec. 18.15.520. Adverse events. A health care provider or health care facility 13 that observes a patient experience an adverse event as a result of receiving a vaccine, 14 or that receives a report from a patient or a patient's family member that the patient has 15 recently experienced an adverse event as a result of receiving a vaccine, shall report 16 the adverse event in a timely manner to the Vaccine Adverse Event Reporting System 17 in the United States Department of Health and Human Services and record the adverse 18 event in the patient's medical record. 19 Sec. 18.15.530. Prohibitions. (a) A health care provider or health care facility 20 may not 21 (1) limit or deny health care services or benefits to a patient or harass, 22 coerce, scold, or threaten a patient or a patient's parent or guardian because the patient 23 or the patient's parent or guardian delays or declines a vaccination; or 24 (2) recommend or administer a vaccine to a patient who is a minor 25 without the consent of the patient's parent or guardian. 26 (b) A health care insurer may not deny insurance coverage or increase 27 insurance premiums for an individual who has delayed or declined a vaccination or 28 otherwise treat the individual differently than an individual who has received a 29 vaccination. 30 Sec. 18.15.540. Prohibition on sale and advertising. (a) A person, the state, 31 or a political subdivision of the state may not use the word "vaccine" to sell or
01 advertise for sale a product that 02 (1) is not a vaccine; or 03 (2) contains both a vaccine and a product that is not a vaccine. 04 (b) A person that knowingly violates this section is guilty of a class A 05 misdemeanor punishable as provided in AS 12.55. In this subsection, "knowingly" has 06 the meaning given in AS 11.81.900. 07 Sec. 18.15.550. Civil penalty. (a) A health care provider, health care facility, 08 or health care insurer that violates a provision of AS 18.15.500 - 18.15.530 is liable for 09 a civil penalty to be assessed after a hearing by the state agency or licensing or 10 regulatory board that has jurisdiction over the health care provider, health care facility, 11 or health care insurer of up to $1,000 for the first violation and up to $5,000 for each 12 subsequent violation. 13 (b) When determining the amount of a civil penalty to be assessed at a hearing 14 conducted under (a) of this section, the state agency or licensing or regulatory board 15 shall consider 16 (1) the scope and severity of the violation, including the number of 17 people affected by the violation; 18 (2) any action taken by the health care provider, health care facility, or 19 health care insurer to remedy the violation; and 20 (3) the number of previous violations by the health care provider, 21 health care facility, or health care insurer. 22 Sec. 18.15.560. Long-term follow-up data. (a) If a drug is recognized by the 23 United States Food and Drug Administration to be a gene therapy drug and the long- 24 term follow-up period for the drug has concluded, the department shall make data 25 from the long-term follow-up period available to each patient being prescribed the 26 drug, or to the parent or guardian of each patient being prescribed the drug who is a 27 minor, before the state or a political subdivision of the state may impose a legal 28 requirement related to the drug. 29 (b) If a drug is not recognized by the United States Food and Drug 30 Administration to be a gene therapy drug and has undergone or is undergoing a phase 31 IV clinical study, the department shall make data from the phase IV clinical study
01 available to each patient being prescribed the drug, or to the parent or guardian of each 02 patient being prescribed the drug who is a minor, before the state or a political 03 subdivision of the state may impose a legal requirement related to the drug. In this 04 subsection, "phase IV clinical study" means a post-marketing study to delineate 05 additional information about a drug's risks, benefits, and optimal use, including 06 studying different doses or schedules of administration than were used in a prior 07 clinical study, use of the drug in other patient populations or other stages of the 08 disease, or use of the drug over a longer period of time. 09 Sec. 18.15.570. Publication of summary. The department shall publish on its 10 Internet website a summary of the rights, duties, prohibitions, and penalties contained 11 in AS 18.15.500 - 18.15.600. 12 Sec. 18.15.580. Confidentiality of an individual's COVID-19 vaccine 13 status. The state or a political subdivision of the state may not divulge information to 14 a third party that could be used to determine whether an individual has been 15 vaccinated against novel coronavirus disease (COVID-19). 16 Sec. 18.15.590. Prohibition against penalizing employees for not receiving 17 a COVID-19 vaccine. (a) An employer may not penalize or threaten to penalize an 18 employee for not receiving a vaccine for novel coronavirus disease (COVID-19) or a 19 booster dose of the COVID-19 vaccine. 20 (b) A school or school district may not penalize or threaten to penalize a 21 student or prospective student for not receiving a COVID-19 vaccine or booster dose 22 of the COVID-19 vaccine. In this subsection, "school" means a public or private pre- 23 elementary, elementary, or secondary school, or a college or university. 24 (c) A business or nonprofit entity may not require an individual to be 25 vaccinated against COVID-19 for the individual to access an area or service that is 26 open to the public. 27 Sec. 18.15.600. Definitions. In AS 18.15.500 - 18.15.600, 28 (1) "health care facility" means an office or institution that provides 29 care or treatment for physical, mental, emotional, dental, physiological, or 30 psychological diseases or conditions; 31 (2) "health care insurer" has the meaning given in AS 21.54.500;
01 (3) "health care provider" means an individual licensed, certified, or 02 otherwise authorized or permitted by law to provide health care services; in this 03 paragraph, "health care services" means care, treatment, a service, or a procedure to 04 maintain, diagnose, or otherwise affect an individual's physical or mental condition; 05 (4) "minor" means an individual under 18 years of age whose 06 disabilities have not been removed under AS 09.55.590; 07 (5) "vaccination" means treatment with a vaccine; 08 (6) "vaccine" means a substance 09 (A) used to stimulate the production of antibodies and provide 10 immunity against a disease; 11 (B) prepared from the causative agent of a disease or its 12 products or from a synthetic substitute; 13 (C) treated to act as an antigen to a disease without inducing 14 the disease; and 15 (D) that is designed to be administered to a patient only after 16 the patient gives voluntary and knowing consent to receive the substance or, if 17 the patient is a minor, only after a parent or guardian of the minor gives 18 voluntary and knowing consent to administer the substance to the minor. 19 * Sec. 10. AS 45.50.471(b) is amended by adding a new paragraph to read: 20 (58) violating AS 18.15.540 (vaccine sale and advertisements). 21 * Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. (a) AS 09.65.360, added by sec. 4 of this Act, and AS 18.15.550, 24 added by sec. 9 of this Act, apply to conduct occurring on or after the effective date of this 25 Act. 26 (b) AS 18.15.540, added by sec. 9 of this Act, applies to offenses committed on or 27 after the effective date of this Act. 28 * Sec. 12. This Act takes effect immediately under AS 01.10.070(c).