Bill Summary – FastDemocracy

H.B. 621
                         GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                           Apr 13, 2023
                                     SESSION 2023                                     HOUSE PRINCIPAL CLERK
     H                                                                                              D
                                    HOUSE BILL DRH10318-MG-7
     Short Title:   3-Year FDA Approval for New Childhood Vaxx.                                (Public)
     Sponsors:      Representative Blackwell.
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT PROHIBITING THE COMMISSION FOR PUBLIC HEALTH FROM ADDING
     ANY NEW VACCINES TO THE STATE'S CHILDHOOD IMMUNIZATION SCHEDULE
     UNLESS THE VACCINE HAS BEEN LICENSED BY THE UNITED STATES FOOD
     AND DRUG ADMINISTRATION FOR A MINIMUM OF THREE YEARS.
 The General Assembly of North Carolina enacts:
             SECTION 1. G.S. 130A-152 reads as rewritten:
 "§ 130A-152. Immunization required.
     (a)     Every child present in this State shall be immunized against diphtheria, tetanus,
 whooping cough, poliomyelitis, red measles (rubeola) and rubella. In addition, every child
 present in this State shall be immunized against any other disease upon (i) a determination by the
 Commission that the immunization is in the interest of the public health.health and (ii)
 confirmation by the Commission that the immunization has been licensed by the United States
 Food and Drug Administration (FDA) for a minimum of three years; provided, however, that the
 Commission may add to the State's childhood immunization schedule an immunization that has
 been licensed by the FDA for less than the minimum three-year period specified in this subsection
 by a three-fifths vote of the members of the Council of State.
     (a1) Every parent, guardian, person in loco parentis and person or agency, whether
 governmental or private, with legal custody of a child shall have the responsibility to ensure is
 responsible for ensuring that the child has received the required immunization each immunization
 required by this section at the age required specified by the Commission. If a child has not
 received the a required immunizations immunization by the specified age, the responsible person
 shall obtain the required immunization for the child as soon as possible after the lack of the
 required immunization is determined.
     (b)     Repealed by Session Laws 2002-179, s. 10, effective October 1, 2002.
     (c)     The Commission shall adopt and the Department shall enforce rules concerning the
 implementation of the an immunization program. program that meets the requirements of this
 Part. The rules shall provide for:delineate all of the following:
             (1)     The child's age at administration of each vaccine;vaccine.
             (2)     The number of doses of each vaccine;vaccine.
             (3)     Exemptions from the immunization requirements where medical practice
                     suggests that immunization would not be in the best health interests of a
                     specific category of children;children.
             (4)     The procedures and practices for administering the vaccine; andvaccine.
             (5)     Redistribution of vaccines provided to local health departments.
                                    *DRH10318-MG-7*
     General Assembly Of North Carolina                                                Session 2023
            (6)     Reasonable fees health care providers may charge for the administration of
                    vaccines provided by the State, in accordance with subsection (b) of
                    G.S. 130A-433.
             (7)    Limitations on the requirements that can be placed on children and their
                    parents, guardians, or custodians as a condition for receiving vaccines
                    provided by the State.
     (c1) The Commission for Public Health shall, pursuant to G.S. 130A-152 and
 G.S. 130A-433, adopt rules establishing reasonable fees for the administration of vaccines and
 rules limiting the requirements that can be placed on children, their parents, guardians, or
 custodians as a condition for receiving vaccines provided by the State. These rules shall become
 effective January 1, 1994.
     (d)     Only vaccine preparations which meet the standards of the United States Food and
 Drug Administration or its successor in licensing vaccines and are approved for use by the
 Commission may be used.
     (e)     When the Commission requires immunization against a disease not listed in paragraph
 subsection (a) of this section, or requires an additional dose of a vaccine, the Commission is
 authorized to may exempt from the new requirement children who are or who have been enrolled
 in school (K-12) on or before the effective date of the new requirement."
             SECTION 2. This act is effective when it becomes law and applies to new vaccine
 requirements established for children in this State on or after that date.
     Page 2                                                                       DRH10318-MG-7
Statutes affected: 
Filed: 130A-152
Edition 1: 130A-152
Edition 2: 130A-152