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THE SENATE |
S.B. NO. |
925 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to vaccination guidelines.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 302A-1162, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1162 Rules. (a) The department of health shall adopt rules under chapter 91 relating to immunization, physical examination, and tuberculin testing under sections 302A-1154 to 302A-1163. Immunizations required, and the manner and frequency of their administration, shall conform with recognized standard medical practices. The list of diseases and minimum requirements for protection under sections 302A-1154 to 302A-1163 may be revised whenever the department of health deems it necessary for the protection of public health.
(b) The department shall establish by rule standards for documentation of compliance with school health requirements under sections 302A-1154 through 302A-1163.
[(c) 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 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, 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The rules, when adopted, amended, or repealed
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the effective date of adopted, amended, or repealed rules to allow sufficient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 2. Section 325-32, Hawaii Revised Statutes, is amended to read as follows:
"§325-32
Immunization against infectious diseases. [(a)]
The department of health may adopt rules requiring and governing
immunization against typhoid fever, pertussis (whooping cough), diphtheria,
tetanus, poliomyelitis, measles, mumps, hepatitis B, rubella, haemophilus
influenzae type B, and any other communicable disease, if a suitable immunizing
agent is available for the disease and a need for immunization against it
exists within the State. The department
may also provide vaccines and other immunizing agents to private and public
health care providers for administration to the general public.
[(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 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, 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.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Vaccination Guidelines; Department of Health; Rulemaking; Repeal
Description:
Repeals the authority of the Department of Health to adopt, amend, or repeal rules to establish a list of specific vaccines and the immunization recommendations of the United States Department of Health and Human Services, Advisory Committee on Immunization Practices.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.