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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1946 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to immunization practices.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the Advisory Committee on Immunization Practices is a group of medical and public health experts that develop recommendations on the use of vaccines in the civilian population of the United States. These recommendations are reviewed by the Centers for Disease Control Director and, if adopted, are published as official United States Department of Health and Human Services recommendations to assist states in the prevention and control of communicable diseases.
Given the potential for communicable diseases to spread rapidly, it is incumbent upon states to adopt the Department of Health and Human Services' recommendations as quickly as possible. The legislature therefore finds that the rapid adoption, amendment, or repeal of rules regarding the Department of Health and Human Services' immunization recommendations outweighs the public notice, hearing, and comment requirements of the State's rulemaking procedures under chapter 91, Hawaii Revised Statutes.
The purpose of this Act is to exempt the department of health from the rulemaking process when adopting recommendations from the United States Department of Health and Human Services Advisory Committee on Immunization Practices and require the department to adopt the recommendations within ninety days.
SECTION 2. Section 325-32, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department may adopt, amend, or
repeal rules [pursuant to chapter 91] to establish a list of specific
vaccines that are available or may become available. Notwithstanding the
notice, public hearing, and comment requirements of chapter 91 and the
provisions of chapter 201M, the director of health, in consultation with the
state epidemiologist, [may] shall adopt, amend, or repeal as
rules, the immunization recommendations of the United States Department of
Health and Human Services, Advisory Committee on Immunization Practices,
including interim recommendations, within ninety days as they apply to
the list of specific vaccines, if any, described in this subsection. The
department shall make the adoption, amendment, or repeal of rules regarding
United States Department of Health and Human Services, Advisory Committee on
Immunization Practices immunization recommendations known to the public by:
(1) Giving public notice of the substance of the proposed rules at least once statewide; and
(2) Posting the full text of the proposed rulemaking action on the Internet as provided in section 91-2.6.
The rules, when adopted or amended [pursuant to
chapter 91] as modified by this section, shall have the force and effect of
law. The department may defer the effective date of adopted, amended, or
repealed rules to allow sufficient time to ensure compliance with the new,
amended, or repealed rules."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2016.
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INTRODUCED BY: |
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Report Title:
Department of Health; Advisory Committee on Immunization Practices; Recommendations; Rulemaking
Description:
Exempts the department of health from the rulemaking process pursuant to chapter 91, Hawaii Revised Statutes, when adopting recommendations from the United States Department of Health and Human Services, Advisory Committee on Immunization Practices. Requires the department to adopt rules within 90 days.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.