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2020 SESSION

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(HB1090)

AMENDMENT(S) PROPOSED BY THE SENATE

EDUCATION AND HEALTH

    1. After line 150, engrossed

      insert

        2. That the Commissioner of Health (the Commissioner) shall annually report to the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health on the implementation of § 32.1-46 of the Code of Virginia as amended by this act. In making this report, the Commissioner shall identify, for the pertinent year, (i) any immunization added to the schedule of required immunizations, (ii) childhood immunization coverage rates, (iii) the number of religious and medical exemptions granted and the ratio of the exempted population, (iv) any immunization removed from the Recommended Immunization Schedule for Children and Adolescents Aged 18 Years or Younger published by the Centers for Disease Control and Prevention Advisory Committee on Immunization Practices in the Morbidity and Mortality Weekly Report, and (v) any required immunization for which Federal Drug Administration approval is retracted.

        3. That the Department of Health and the Department of Education shall jointly review §§ 22.1-271.2 and 32.1-46 of the Code of Virginia as amended by this act and report to the House Committee on Health, Welfare and Institutions and the Senate Committee on Education and Health on the effectiveness of the required vaccination program in promoting public health by December 1, 2021.

     

SEN. FAVOLA

    1. After line 67, substitute (Newman/Dunnavant)

      strike

        line 68 and line 69

      insert

        C. The vaccines required by this section shall meet the standards prescribed in, and be administered in accordance with the State Board of Health Regulations for the Immunization of School Children. The State Board of Health shall amend the State Board of Health Regulations for the Immunization of School Children as necessary from time to time to maintain conformity with evidence-based routinely recommended vaccinations for children. The adoption of such regulations shall be exempt from the requirements of Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act (§ 2.2-4006 et seq. of the Code of Virginia). However, the Department shall (i) provide a Notice of Intended Regulatory Action and (ii) provide for a 60-day public comment period prior to the Board’s adoption of the regulations.

         

SEN. CHASE

    1. Line 67, substitute (Newman/Dunnavant), after indicated

      insert

        ; and, along with parent or guardian of the child, shall promptly report all adverse events to a statewide adverse event reporting system established by the Department of Health, which shall report detailed results annually to the Governor and General Assembly

         

SEN. CHASE

    2. Line 77, substitute (Newman/Dunnavant)

      strike

        or

 

SEN. CHASE

    3. Line 81, substitute (Newman/Dunnavant), after Board

      insert

        ; or

        4. The parent or guardian, at the parent’s or guardian’s sole discretion, may elect for the parent’s or guardian’s child not to receive the vaccines, after having reviewed materials describing the National Childhood Vaccine Injury Act of 1986; the risks of vaccine-related injury or death; the Vaccine Adverse Event Reporting System (VAERS); the National Vaccine Injury Compensation Program (NVICP) and the fact that no vaccine manufacturer shall be liable in a civil action for damages arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, if the injury or death resulted from side effects that were unavoidable even though the vaccine was properly prepared and was accompanied by proper directions and warnings; the most up-to-date numbers from the CDC on the total compensation that has been paid out by NVICP to victims of vaccine-related injuries and deaths; and informed consent, which is fundamental in both ethics and law