PRIOR PRINTER'S NO. 937
PRINTER'S NO. 1025
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
63
Session of
2021
INTRODUCED BY LAWRENCE AND OWLETT, MARCH 16, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 23, 2021
AN ACT
Relating to the administration and distribution of COVID-19
vaccinations in this Commonwealth.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the COVID-19
Vaccine Administration and Distribution Act.
Section 2. Administration.
Notwithstanding any other act to the contrary, an individual
authorized by the United States Department of Health and Human
Services to administer a COVID-19 vaccination shall be permitted
to administer the vaccines in this Commonwealth.
Section 3. Expiration.
This act shall expire 60 days after the termination of the
Governor's COVID-19 emergency declaration order, or December 31,
2022, whichever is earlier.
Section 4. Effective date.
This act shall take effect immediately.
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SECTION 2. DEFINITIONS.
THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
CONTEXT CLEARLY INDICATES OTHERWISE:
"AFFECTED COUNTY." ANY OF THE FOLLOWING:
(1) A COUNTY OF THE SECOND CLASS A.
(2) A COUNTY OF THE THIRD CLASS WHICH HAS ENTERED INTO
AN INTERGOVERNMENTAL COOPERATION AGREEMENT TO OVERSEE THE
COVID-19 RESPONSE IN A COUNTY OF THE SECOND CLASS A.
"COVID-19." THE NOVEL CORONAVIRUS AS IDENTIFIED IN THE
GOVERNOR'S PROCLAMATION OF DISASTER EMERGENCY ISSUED ON MARCH 6,
2020, PUBLISHED AT 50 PA.B. 1644 (MARCH 21, 2020).
"COVID-19 VACCINE." A VACCINE FOR COVID-19 THAT HAS RECEIVED
AN EMERGENCY-USE AUTHORIZATION FROM THE UNITED STATES FOOD AND
DRUG ADMINISTRATION.
"MASS VACCINATION SITE." ANY OF THE FOLLOWING:
(1) A LOCATION IN AN AFFECTED COUNTY DESIGNED TO QUICKLY
AND EFFICIENTLY PROVIDE COVID-19 VACCINATIONS ON A MASS SCALE
TO THE GENERAL PUBLIC.
(2) THE TERM INCLUDES A LOCATION UNDER PARAGRAPH (1),
INCLUDING A GYMNASIUM, SHOPPING CENTER, PARKING LOT, SENIOR
CENTER, HOUSE OF WORSHIP, LIBRARY, FIRE STATION OR OTHER
FACILITY NOT TYPICALLY UTILIZED FOR THE DELIVERY OF MEDICAL
SERVICES.
(3) THE TERM DOES NOT INCLUDE THE FOLLOWING:
(I) A LOCATION UNDER PARAGRAPH (1) WHICH IS A
HOSPITAL, NURSING HOME, ASSISTED LIVING FACILITY, SKILLED
NURSING FACILITY, PHARMACY OR OTHER FACILITY WHERE THE
DELIVERY OF MEDICAL SERVICES IS TYPICALLY PERFORMED OR AN
AUXILIARY LOCATION UTILIZED BY A HOSPITAL, HEALTH CARE
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SYSTEM OR PHARMACY TO PROVIDE COVID-19 VACCINATIONS WITH
COVID-19 VACCINES OBTAINED BY THE RESPECTIVE HOSPITAL,
HEALTH CARE SYSTEM OR PHARMACY.
(II) A LOCATION UNDER PARAGRAPH (1) PRIMARILY OR
EXCLUSIVELY PROVIDING COVID-19 VACCINATIONS TO
INDIVIDUALS AT THEIR OWN PLACE OF EMPLOYMENT, OR TO
INDIVIDUALS IN A SPECIFIC FIELD OF EMPLOYMENT, INCLUDING
TEACHERS, AGRICULTURAL WORKERS, GROCERY STORE EMPLOYEES
OR OTHER INDIVIDUALS DEEMED AS ESSENTIAL WORKERS.
(III) A LOCATION UNDER PARAGRAPH (1) PRIMARILY OR
EXCLUSIVELY PROVIDING COVID-19 VACCINATIONS TO
INDIVIDUALS COVERED UNDER A COLLECTIVE BARGAINING
AGREEMENT.
SECTION 3. ADMINISTRATION.
NOTWITHSTANDING ANY OTHER ACT TO THE CONTRARY, AN INDIVIDUAL
AUTHORIZED TO ADMINISTER A COVID-19 VACCINE BY THE UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THE SEVENTH
AMENDMENT TO DECLARATION UNDER THE PUBLIC READINESS AND
EMERGENCY PREPAREDNESS ACT FOR MEDICAL COUNTERMEASURES AGAINST
COVID-19 SHALL BE PERMITTED TO ADMINISTER VACCINES IN THIS
COMMONWEALTH, INCLUDING:
(1) A MIDWIFE, PARAMEDIC, ADVANCED OR INTERMEDIATE
EMERGENCY MEDICAL TECHNICIAN, PHYSICIAN ASSISTANT,
RESPIRATORY THERAPIST, DENTIST, PODIATRIST, OPTOMETRIST OR
VETERINARIAN LICENSED, REGISTERED OR CERTIFIED TO PRACTICE
UNDER THE LAWS OF THIS COMMONWEALTH.
(2) A PHYSICIAN, ADVANCED PRACTICE REGISTERED NURSE,
REGISTERED NURSE, PRACTICAL NURSE, PHARMACIST, PHARMACY
INTERN, MIDWIFE, PARAMEDIC, ADVANCED OR INTERMEDIATE
EMERGENCY MEDICAL TECHNICIAN, RESPIRATORY THERAPIST, DENTIST,
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PHYSICIAN ASSISTANT, PODIATRIST, OPTOMETRIST OR VETERINARIAN
WHO HAS HELD AN ACTIVE LICENSE, REGISTRATION OR CERTIFICATION
UNDER THE LAWS OF THIS COMMONWEALTH WITHIN THE LAST FIVE
YEARS, WHICH IS INACTIVE, EXPIRED OR LAPSED, IF THE LICENSE,
REGISTRATION OR CERTIFICATION WAS ACTIVE AND IN GOOD STANDING
PRIOR TO THE DATE IT WENT INACTIVE, EXPIRED OR LAPSED AND WAS
NOT REVOKED BY THE LICENSING AUTHORITY, SURRENDERED WHILE
UNDER SUSPENSION, DISCIPLINE OR INVESTIGATION BY A LICENSING
AUTHORITY OR SURRENDERED FOLLOWING AN ARREST, AND THE
INDIVIDUAL IS NOT ON THE LIST OF EXCLUDED
INDIVIDUALS/ENTITIES MAINTAINED BY THE OFFICE OF INSPECTOR
GENERAL.
(3) A MEDICAL, NURSING, PHARMACY, PHARMACY INTERN,
MIDWIFE, PARAMEDIC, ADVANCED OR INTERMEDIATE EMERGENCY
MEDICAL TECHNICIAN, PHYSICIAN ASSISTANT, RESPIRATORY THERAPY,
DENTAL, PODIATRY, OPTOMETRY OR VETERINARY STUDENT WITH
APPROPRIATE TRAINING IN ADMINISTERING VACCINES AS DETERMINED
BY HIS OR HER SCHOOL OR TRAINING PROGRAM, AND UNDER THE
DIRECT SUPERVISION OF A CURRENTLY PRACTICING HEALTH CARE
PROFESSIONAL WHO IS LICENSED, REGISTERED OR CERTIFIED IN THIS
COMMONWEALTH AND WHO IS EXPERIENCED IN ADMINISTERING
INTRAMUSCULAR INJECTIONS.
SECTION 4. REQUIREMENTS.
INDIVIDUALS WHO GAIN AUTHORIZATION TO ADMINISTER COVID-19
VACCINES UNDER THIS ACT ARE SUBJECT TO THE FOLLOWING
REQUIREMENTS:
(1) INDIVIDUALS MUST HAVE DOCUMENTATION SHOWING:
(I) CURRENT BASIC LIFE SUPPORT CERTIFICATION,
COMMONLY KNOWN AS BASIC CARDIOPULMONARY RESUSCITATION OR
CPR.
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(II) COMPLETION OF AN IMMUNIZATION TRAINING PROGRAM
ENDORSED OR PROVIDED BY THE CENTERS FOR DISEASE CONTROL
AND PREVENTION, THE ACCREDITATION COUNCIL FOR PHARMACY
EDUCATION OR ANY SIMILAR TRAINING APPROVED BY THE
SECRETARY OF HEALTH THAT, AT A MINIMUM, INCLUDES:
(A) HANDS-ON INJECTION TECHNIQUE.
(B) CLINICAL EVALUATION OF INDICATIONS AND
CONTRAINDICATIONS OF VACCINES.
(C) RECOGNITION AND TREATMENT OF EMERGENCY
REACTIONS TO VACCINES.
(2) (RESERVED).
SECTION 5. OBSERVATION PERIOD.
HEALTH CARE PROFESSIONALS AND STUDENTS WHO GAIN AUTHORIZATION
TO ADMINISTER COVID-19 VACCINES UNDER THIS ACT MUST HAVE
DOCUMENTATION OF AN OBSERVATION PERIOD BY A CURRENTLY PRACTICING
HEALTH CARE PROFESSIONAL EXPERIENCED IN ADMINISTERING
INTRAMUSCULAR INJECTIONS, AND FOR WHOM ADMINISTERING
INTRAMUSCULAR INJECTIONS IS IN THEIR ORDINARY SCOPE OF PRACTICE,
WHO CONFIRMS COMPETENCY OF THE HEALTH CARE PROVIDER OR STUDENT
IN ADMINISTRATION OF COVID-19 VACCINES.
SECTION 6. RECORDKEEPING.
HEALTH CARE PROFESSIONALS AND STUDENTS WHO GAIN AUTHORIZATION
TO ADMINISTER COVID-19 VACCINES UNDER THIS ACT MUST COMPLY WITH
RECORDKEEPING AND REPORTING REQUIREMENTS AS DETERMINED BY THE
SECRETARY OF HEALTH.
SECTION 7. VACCINE DATA.
NO LATER THAN 14 DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION AND NOT LESS THAN EACH 14 DAYS THEREAFTER, THE
DEPARTMENT OF HEALTH SHALL PUBLISH ALL OF THE FOLLOWING ON THE
DEPARTMENT OF HEALTH'S PUBLICLY ACCESSIBLE INTERNET WEBSITE:
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(1) A CHART SHOWING THE TOTAL NUMBER OF DOSES OF VACCINE
FOR COVID-19 MADE AVAILABLE IN EACH COUNTY. THE DATA UNDER
THIS PARAGRAPH SHALL INCLUDE VACCINES MADE AVAILABLE FROM ALL
SOURCES, INCLUDING FEDERAL PARTNERSHIPS.
(2) A CHART SHOWING THE DATA UNDER PARAGRAPH (1)
SEPARATED BY VACCINE MANUFACTURER.
(3) A CHART SHOWING THE TOTAL NUMBER OF DOSES OF VACCINE
FOR COVID-19 ADMINISTERED IN EACH COUNTY. THE DATA UNDER THIS
PARAGRAPH SHALL INCLUDE VACCINES MADE AVAILABLE FROM ALL
SOURCES, INCLUDING FEDERAL PARTNERSHIPS.
(4) A CHART SHOWING THE DATA UNDER PARAGRAPH (3)
SEPARATED BY VACCINE MANUFACTURER.
(5) TO THE EXTENT THE DATA IS AVAILABLE, DEMOGRAPHIC
DATA, INCLUDING AGE AND RACE, OF INDIVIDUALS WHO HAVE BEEN
ADMINISTERED A COVID-19 VACCINE.
(6) A DESCRIPTION OF THE FORMULA OR ALLOCATION CRITERIA
THAT THE DEPARTMENT OF HEALTH HAS USED TO ALLOCATE DOSES OF
VACCINE FOR COVID-19 TO EACH COUNTY. THE DESCRIPTION UNDER
THIS PARAGRAPH SHALL INCLUDE A SUMMARY OF EACH FACTOR IN THE
FORMULA OR ALLOCATION CRITERIA AND, IF APPLICABLE, THE
RELATIVE WEIGHT GIVEN TO EACH FACTOR.
(7) A DESCRIPTION OF HOW THE FORMULA OR ALLOCATION
CRITERIA UNDER PARAGRAPH (6) WAS DEVELOPED.
(8) AN ESTIMATE OF THE TOTAL POPULATION IN EACH COUNTY
WHICH ARE ELIGIBLE UNDER EACH CATEGORY OF ELIGIBILITY FOR
DOSES OF VACCINE FOR COVID-19 ESTABLISHED BY THE DEPARTMENT
OF HEALTH.
(9) AN ESTIMATE OF THE POPULATION IN EACH COUNTY UNDER
PARAGRAPH (8) WHICH HAVE NOT RECEIVED A DOSE OF VACCINE FOR
COVID-19 AT THE TIME OF THE PUBLISHING OF THE CHART.
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SECTION 8. VACCINE DISTRIBUTION PLAN.
NO LATER THAN 14 DAYS AFTER THE EFFECTIVE DATE OF THIS
SECTION, THE DEPARTMENT OF HEALTH SHALL SUBMIT A REPORT TO THE
PRESIDENT PRO TEMPORE OF THE SENATE, THE MAJORITY LEADER OF THE
SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE
HOUSE OF REPRESENTATIVES, THE MAJORITY LEADER OF THE HOUSE OF
REPRESENTATIVES, THE MINORITY LEADER OF THE HOUSE OF
REPRESENTATIVES, THE CHAIRPERSON AND MINORITY CHAIRPERSON OF THE
HEALTH AND HUMAN SERVICES COMMITTEE OF THE SENATE AND THE
CHAIRPERSON AND MINORITY CHAIRPERSON OF THE HEALTH COMMITTEE OF
THE HOUSE OF REPRESENTATIVES. THE REPORT SHALL DESCRIBE THE
MEANS BY WHICH THE DEPARTMENT OF HEALTH WILL PROVIDE SUFFICIENT
DOSES OF COVID-19 VACCINE TO COUNTIES THAT HAVE REQUESTED MORE
DOSES OF COVID-19 VACCINE THAN THE COUNTY RECEIVED FROM THE
DEPARTMENT OF HEALTH.
SECTION 9. DISTRIBUTION OF COVID-19 VACCINES TO A MASS
VACCINATION SITE.
THE DEPARTMENT OF HEALTH SHALL DELIVER COVID-19 VACCINES
INTENDED FOR USE AT A MASS VACCINATION SITE IN AN AFFECTED
COUNTY TO THE HEALTH DEPARTMENT OF THE AFFECTED COUNTY, OR THE
COUNTY HEALTH DEPARTMENT OVERSEEING THE RESPONSE TO THE COVID-19
PANDEMIC FOR THE AFFECTED COUNTY. THE GOVERNING BOARD OF EACH
AFFECTED COUNTY SHALL HAVE SOLE AUTHORITY TO DESIGNATE A
LOCATION OR LOCATIONS TO BE UTILIZED AS A MASS VACCINATION SITE
OR SITES WITHIN THE COUNTY AND SHALL COORDINATE WITH THE
APPROPRIATE COUNTY HEALTH DEPARTMENT FOR THE DELIVERY AND
ADMINISTRATION OF COVID-19 VACCINES AT EACH MASS VACCINATION
SITE.
SECTION 10. EXPIRATION.
THIS ACT SHALL EXPIRE 60 DAYS AFTER THE TERMINATION OF THE
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GOVERNOR'S COVID-19 EMERGENCY DECLARATION ORDER, OR DECEMBER 31,
2022, WHICHEVER IS EARLIER.
SECTION 11. EFFECTIVE DATE.
THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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