HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:      CS/CS/HB 1063 Administration of Vaccines
SPONSOR(S): Health & Human Services Committee, Professions & Public Health Subcommittee,
Fernandez-Barquin
TIED BILLS:        IDEN./SIM. BILLS: SB 898
  REFERENCE                                                        ACTION                   ANALYST                STAFF DIRECTOR or
                                                                                                                   BUDGET/POLICY CHIEF
  1) Professions & Public Health Subcommittee                      17 Y, 1 N, As CS         Morris                 McElroy
  2) Health & Human Services Committee                             16 Y, 1 N, As CS         Morris                 Calamas
                                                         SUMMARY ANALYSIS
Current law authorizes pharmacists and registered interns who meet certain educational requirements to
administer vaccines to adults within an established protocol with a supervising physician. A pharmacist may
administer:
         Immunizations or vaccines listed on the U.S. Centers for Disease Control and Prevention (CDC) Adult
          Immunization Schedule as of February 1, 2015;
         Vaccines recommended by the CDC for international travel as of July 1, 2015;
         Immunizations or vaccines approved by the Board of Pharmacy in rule; and
         Immunizations or vaccines approved by the Board of Pharmacy in response to a state of emergency
          declared by the Governor.
CS/CS/HB 1063 authorizes qualified Florida-licensed pharmacists or registered pharmacy interns to administer
any CDC-recommended vaccine or vaccine licensed in the United States by the U.S. Food and Drug
Administration (FDA) to an adult. The bill allows the Board of Pharmacy to authorize by rule additional
immunizations or vaccines, as they are recommended by the CDC, licensed by the FDA, that a qualified
pharmacist or registered pharmacy intern may administer. The bill authorizes a pharmacist, or a registered
intern under the supervision of a pharmacist, to administer vaccines authorized for emergency use by the FDA.
The bill also authorizes pharmacists to provide influenza vaccines to individuals age 7 and older.
The bill also repeals the specific statutory limitation to the 2015 CDC-recommended vaccines, effectively
updating the reference to the CDC-recommended vaccines as of the date of enactment.
Lastly, the bill increases the number of interns who administer vaccines that a pharmacist may supervise from
one to three.
The bill has an insignificant, negative fiscal impact on the Department of Health, which can be absorbed within
existing resources. The bill has no fiscal impact on local governments.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h1063b.HHS
DATE: 3/24/2021
                                                        FULL ANALYSIS
                                                I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
         Present Situation
         Vaccinations
                   CDC Immunizations Recommendations
         The Advisory Committee on Immunization Practices (ACIP) is comprised of medical and public health
         experts who develop recommendations on the use of vaccines in the United States.1 The ACIP works
         with professional organizations, such as the American Academy of Pediatrics, the American Academy
         of Family Physicians, the American College of Obstetricians and Gynecologists, and the American
         College of Physicians to develop annual childhood and adult immunization schedules.2 The Centers for
         Disease Control and Prevention (CDC) reviews the ACIP’s recommendations; and once approved, they
         are published as the CDC’s official recommendations for immunizations of the U.S. population.3 The
         current recommended immunization schedule for those ages 18 and under includes:4
                Hepatitis B                                                  Rotavirus
                Diphtheria, tetanus, & acellular pertussis                   Haemophilus influenza type b
                Pneumococcal conjugate                                       Inactivated poliovirus
                Influenza                                                    Measles, mumps, rubella (MMR)
                Varicella                                                    Hepatitis A
                Meningococcal                                                Human papillomavirus
                Meningococcal B                                              Pneumococcal polysaccharide
                Tetanus, diphtheria, and acellular pertussis
         The current recommended immunization schedule for adults includes:5
              Influenza (annually)                                         Varicella (if born in 1980 or later)
              Measles, mumps, rubella                                      Tetanus, diphtheria, pertussis (booster
                                                                             every 10 years)
                Zoster                                                     Human papillomavirus
                Pneumococcal polysaccharide                                Pneumococcal conjugate
                Haemophilus influenza type b                               Hepatitis A
                Hepatitis B                                                Meningococcal A, C, W, Y
                Meningococcal B
         New vaccines are considered for addition to the schedule after licensure by the United States Food and
         Drug Administration.6 Not all newly licensed vaccines are added to the schedule. Some licensed
         vaccines are only recommended for people who are traveling to areas where other vaccine preventable
1 Centers for Disease Control and Prevention, Advisory Committee on Immunization Practices (ACIP), General Committee-Related
Information, available at https://www.cdc.gov/vaccines/acip/committee/index.html (last visited March 16, 2021).
2 Centers for Disease Control and Prevention, Advisory Committee on Immunization Practices (ACIP), ACIP Recommendations,
available at https://www.cdc.gov/vaccines/acip/recommendations.html (last visited March 16, 2021).
3 Id.
4 Centers for Disease Control and Prevention, Recommended Child and Adolescent Immunization Schedule for Ages 18 Years and
Younger, United States, 2021, available at https://www.cdc.gov/vaccines/schedules/hcp/imz/child-adolescent.html (last visited March
16, 2021). The schedule provides the recommended age, as well as the administration intervals for vaccines that require multiple
doses. Some vaccines are recommended only for populations with special situations that put these individuals at higher risk.
5 Centers for Disease Control and Prevention, Recommended Adult Immunization Schedule for Ages 19 Years or Older, United States,
2021, available at https://www.cdc.gov/vaccines/schedules/hcp/imz/adult.html (last visited March 16, 2021). The schedule provides the
recommended age, as well as the administration intervals for vaccines that require multiple doses. Some vaccines are recommended
only for populations with special situations that put these individuals at higher risk.
6 College of Physicians of Philadelphia, The History of Vaccines: The Development of the Immunization Schedule, available at
http://www.historyofvaccines.org/content/articles/development-immunization-schedule (last visited March 16, 2021).
STORAGE NAME: h1063b.HHS                                                                                                      PAGE: 2
DATE: 3/24/2021
         diseases occur, such as yellow fever, cholera, dengue, Japanese encephalitis, plague, rabies,
         smallpox, and typhoid.7
                 CDC Health Information for International Travel
        CDC’s Health Information for International Travel, commonly called the Yellow Book (Book), is
        published biannually by the CDC as a reference for those who advise international travelers about
        health risks.8 The Book includes the CDC’s most current travel health guidelines, including pre-travel
        vaccine recommendations and destination-specific health advice. The Book is authored by subject-
        matter experts both within and outside the CDC and the guidelines in the Book are evidence-based and
        supported by best practices.9
         Vaccinations are recommended by the CDC to protect international travelers from illness and prevent
         the importation of infectious diseases across international borders. The Book recommends that persons
         traveling internationally should be up to date on all CDC-recommended vaccines.10 Additionally, the
         Book may recommend additional vaccinations based on traveler’s destination and other factors.
         Examples of additional vaccines required for travelers based on the country of entry is yellow fever,
         meningococcal, and polio.11 An example of a vaccine the CDC recommends travelers obtain to protect
         their health, even if they aren’t required for entry into the country, is the typhoid vaccine.12
                 Emergency Use Authorizations
         Emergency use authorization (EUA) allows the United States Food and Drug Administration (FDA) to
         help strengthen the nation’s public health protections against chemical, biological, radiological, and
         nuclear threats including infectious diseases, by facilitating the availability and use of medical
         countermeasures need during public health emergencies.13 Under section 564 of the Federal Food,
         Drug, and Cosmetic Act,14 when the Secretary of the United States Department of Health and Human
         Services (HHS) declares that an emergency use authorization is appropriate, the FDA may authorize
         unapproved medical products or unapproved uses of approved medical products to be used in an
         emergency to diagnose, treat, or prevent serious life-threatening diseases or conditions caused by
         chemical, biological, radiological, and nuclear threats.15
7 Id. For a complete list of FDA-licensed vaccines, see U.S. Food & Drug Administration, Vaccines Licensed for Use in the United
States, (last rev. Jan. 16, 2020), available at https://www.fda.gov/vaccines-blood-biologics/vaccines/vaccines-licensed-use-united-
states (last visited March 15, 2021).
8 Centers for Disease Control and Prevention. CDC Yellow Book 2020: Health Information for International Travel, available at
https://wwwnc.cdc.gov/travel/page/yellowbook-home (last visited March 16, 2021).
9 Id.
10 Id.
11 Centers for Disease Control and Prevention, Travelers’ Health Most Frequently Asked Questions, available at
https://wwwnc.cdc.gov/travel/page/faq (last visited March 16, 2021).
12 Id.
13 Food and Drug Administration, Emergency Use Authorization, https://www.fda.gov/emergency-preparedness-and-response/mcm-
legal-regulatory-and-policy-framework/emergency-use-authorization (last visited March 16, 2021). Medical countermeasures are FDA-
regulated products (biologics, drugs, and devices) that may be used in the event of a public health emergency.
14 21 U.S.C. § 360bbb-3.
15 Supra, note 13. A determination that a public health emergency exists does not enable the FDA to issue EUAs.
STORAGE NAME: h1063b.HHS                                                                                                    PAGE: 3
DATE: 3/24/2021
        Practice of Pharmacy
                 Licensure
        Pharmacy is the third largest health profession behind nursing and medicine.16 The Board of Pharmacy
        (Board), in conjunction with the Department of Health (DOH), regulates the practice of pharmacists
        pursuant to ch. 465, F.S.17 To be licensed as a pharmacist, a person must:18
                Complete an application and remit an examination fee;
                Be at least 18 years of age;
                Hold a degree from an accredited and approved school or college of pharmacy;19
                Have completed a Board-approved internship; and
                Successfully complete the Board-approved examination.
        A pharmacist must complete at least 30 hours of Board-approved continuing education during each
        biennial renewal period.20 Pharmacists who are certified to administer vaccines or epinephrine
        autoinjections must complete a 3-hour continuing education course on the safe and effective
        administration of vaccines and epinephrine injections as a part of the biennial licensure renewal.21
        Pharmacists who administer long-acting antipsychotic medications must complete an approved 8-hour
        continuing education course as a part of the continuing education for biennial licensure renewal.22
                 Scope of Practice
        In Florida, the practice of the profession of pharmacy includes:23
                Compounding, dispensing, and consulting concerning contents, therapeutic values, and uses of
                 a medicinal drug;
                Consulting concerning therapeutic values and interactions of patent or proprietary preparations;
                Monitoring a patient’s drug therapy and assisting the patient in the management of his or her
                 drug therapy, including the review of the patient’s drug therapy and communication with the
                 patient’s prescribing health care provider or other persons specifically authorized by the patient,
                 regarding the drug therapy;
                Transmitting information from prescribers to their patients;
                Administering vaccines to adults;24
                Administering epinephrine injections;25 and
                Administering antipsychotic medications by injection.26
16 American Association of Colleges of Pharmacy, About AACP, available at https://www.aacp.org/about-aacp (last visited March 16,
2021).
17 Sections 465.004 and 465.005, F.S.
18 Section 465.007, F.S. DOH may also issue a license by endorsement to a pharmacist who is licensed in another state upon meeting
the applicable requirements set forth in law and rule. See s. 465.0075, F.S.
19 If the applicant has graduated from a 4-year undergraduate pharmacy program of a school or college of pharmacy located outside
the United States, the applicant must demonstrate proficiency in English, pass the board-approved Foreign Pharmacy Graduate
Equivalency Examination, and complete a minimum of 500 hours in a supervised work activity program within Florida under the
supervision of a DOH-licensed pharmacist
20 Section 465.009, F.S.
21 Section 465.009(6), F.S.
22 Section 465.1893, F.S.
23 Section 465.003(13), F.S.
24 See s. 465.189, F.S.
25 Id.
26 Section 465.1893, F.S.
STORAGE NAME: h1063b.HHS                                                                                                   PAGE: 4
DATE: 3/24/2021
                 Pharmacy Interns
        A pharmacy intern is a person enrolled in a college of pharmacy and actively pursuing a pharmacy
        degree. To become a pharmacy intern, a person must be certified by the Board as enrolled in an intern
        program at an accredited school or college of pharmacy or as a graduate of an accredited school or
        college of pharmacy and not yet licensed as a pharmacist in Florida.27 The Board’s rules outline the
        registration process for pharmacy interns and the internship program requirements for U.S. pharmacy
        students or graduates and foreign pharmacy graduates.28
        A pharmacist is responsible for any delegated act performed by a registered pharmacy intern employed
        or supervised by the pharmacist.29
                 Pharmacist Vaccine Administration
        Current law authorizes a pharmacist, or a registered pharmacy intern under the supervision of a
        certified pharmacist at a ratio of 1:1, to administer immunizations and vaccines to adults within an
        established protocol under a licensed supervising physician.30 The protocol between the pharmacist
        and the supervising physician dictates which types of patients to whom the pharmacist may administer
        allowable vaccines.31 The terms, scope, and conditions set forth in the protocol must be appropriate to
        the pharmacist’s training and certification. A supervising physician must review the administration of
        vaccines by the pharmacist.32
        To be certified to administer vaccines, a pharmacist or registered pharmacy intern must successfully
        complete a Board-approved vaccine administration certification program. The certification program
        requires a pharmacist or registered intern to complete 20 hours of Board-approved continuing
        education that addresses:33
                Mechanisms of action for vaccines, contraindications, drug interactions, and monitoring after
                 vaccine administration;
                Immunization schedules;
                Immunization screening questions, provision of risk/benefit information, informed consent,
                 recordkeeping, and electronic reporting into the state immunization registry;
                Vaccine storage and handling;
                Bio-hazardous waste disposal and sterile technique;
                Entering, negotiating, and performing pursuant to physician oversight protocols;
                Community immunization resources and programs;
                Identifying, managing and responding to adverse incidents including but not limited to potential
                 allergic reactions associated with vaccine administration;
                Procedures and policies for reporting to the Vaccine Adverse Event Reporting System;
                Reimbursement procedures and vaccine coverage by federal, state, and local governmental
                 jurisdictions and private third party payers;
                Administration techniques;
                Administration of epinephrine using an autoinjector delivery system;
                The February 1, 2015, CDC Recommended Adult Immunization Schedule;
                The immunizations or vaccines recommended for international travel as of July 1, 2015, found in
                 the