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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2622 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to INFORMED CONSENT for VACCINATIONs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that under the National Childhood Vaccine Injury Act, all vaccine providers must give patients, or their parents or legal representatives, the appropriate Vaccine Information Statement ("VIS") before each dose of vaccinations are given. These statements provide the consumer with information about the benefits of the vaccine and the risks to adverse reactions. Additionally, if consumers were more informed about the Vaccine Adverse Events Reporting System ("VAERS") and the federally funded Vaccine Injury Compensation Program ("VICP"), the State would be able to obtain more accurate numbers for possible adverse reactions to vaccines.
The legislature also finds that Hawaii statute requires informed consent to be obtained for invasive medical treatments, but currently there is no such provision included in the vaccination laws of the State.
The purpose of this Act is to require health care providers to obtain written informed consent before administering a vaccination and to increase awareness about the possible adverse effects of vaccinations.
SECTION 2. Section 325-33, Hawaii Revised Statutes, is amended to read as follows:
"§325-33 Performance of vaccination and immunization. (a) Vaccinations or immunizations required of any person under this chapter shall be performed by duly licensed physicians or paramedical personnel under their direction, advanced practice registered nurses, physician assistants, or by authorized representatives of the department of health.
(b) No person may be
vaccinated without informed consent. If the person is a minor or under
guardianship, the person's parent or guardian, or the minor if he or she is
emancipated, is required to give informed consent on the person's behalf for
each vaccination administered. To obtain
informed consent under this section, a health care provider is required to
gather and provide, at a minimum, with ample time to review, the following
information:
(1) A complete
individual and family health history;
(2) The vaccine
manufacturer's product insert sheet; and
(3) The benefits and risks of each vaccine, including the Vaccine Information Statement provided by the Center for Disease Control, as required under 42 U.S.C. Section 300aa-26.
As used in this sub-section,
unless the context requires otherwise:
"Informed consent" means
the written voluntary agreement, given by a person, parent, guardian, or minor,
if he or she is emancipated, to receive a vaccination.
"Health care provider"
means any provider listed under subsection (a).
(c) A record of the
immunization shall be maintained by the physician, physician assistant, or
advanced practice registered nurse and shall be available to the department of
education for school entry requirements and the department of health."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Health; Vaccinations; Informed Consent for Vaccinations.
Description:
Requires health care providers to obtain informed consent in writing from a person before administering a vaccination. Establishes requirements for obtaining informed consent.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.