Emergency Measures to Manage the Flu Vaccine Shortage

Oregon Vaccine Education and Prioritization Plan

Administrative Rules

DEPARTMENT OF HUMAN SERVICES, PUBLIC HEALTH

333-048-0010

Definitions

As used in OAR 333-048-0010 through 333-048-0030:

(1) "Local Public Health Authority" means the district or county Board of Health, Public Health Officer, Public Health Administrator or health department having jurisdiction within the area.

(2) "Health Services" means the Health Services Branch of the Department of Human Services.

(3) "Sponsor" means any medical practice, clinic, hospital, local health department, health system, long-term-care facility, home-care agency, occupational health program, pharmacy, or other entity that sponsors the direct provision of vaccination services in Oregon.

(4) "High Risk" means broad categories of people defined by the Advisory Committee on Immunization Practices or the State Public Health Officer as being at increased risk of severe disease or complications from a vaccine-preventable disease for which the State Health Officer has declared a vaccine shortage pursuant to OAR 333-048-0020. Risk categories may be further broken down into prioritized sub-categories.

(5) "Low Risk" means broad categories of people defined by the Advisory Committee on Immunization Practices or the State Public Health Officer as being unlikely to experience severe disease or complications from a vaccine-preventable disease for which the State Health Officer has declared a vaccine shortage pursuant to OAR 333-048-0020. Risk categories may be further broken down into prioritized sub-categories.

(6) "Provider" means any health care practitioner, or other person, who can administer vaccine directly to a patient.

(7) "Vaccine" means any vaccine, any immune product or chemo prophylactic medication.

(8) "Plan" means an Oregon Vaccine Education and Prioritization Plan.

(9) "CD Summary" means the Oregon CD Summary, a Department of Human Services publication sent to providers statewide.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: OL, Ch. 627, 2001
Stats. Implemented:
Hist.: OHD 27-2001, f. & cert. ef. 12-4-01

333-048-0020

Plan Development

(1) When the State Public Health Officer declares a vaccine shortage emergency, Health Services will adopt a Vaccine Education and Prioritization Plan specific for that vaccine shortage.

(2) The plan will include, but is not limited to:

(a) A timeline that lists when specific vaccine administration activities can be initiated by providers and/or sponsors;

(b) The risk categories, or sub-categories, that will be covered with the vaccine that is available based on categories developed and/or adopted by Health Services;

(c) The role of the local public health authorities in assuring that services are available to those in the designated risk categories.

(3) The plan will be published and distributed to providers within forty-five days of a declared vaccine shortage emergency.

(4) In situations where a vaccine shortage changes after the finalized plan has been distributed, the prioritized risk categories can be redefined by publishing a written supplement to the plan.

(5) In cases of a vaccine shortage emergency as determined by the State Public Health Officer, the local public health authority may facilitate the voluntary sharing of vaccine in their community or delegate that responsibility to a community partner. State-supplied vaccine will be shared only within guidelines provided by Health Services.

(6) The Vaccine Education and Prioritization Plan will remain in effect until notification is made by the State Public Health Officer, or unless specified in the plan.

Stat. Auth.: OL, Ch. 627, 2001
Stats. Implemented:
Hist.: OHD 27-2001, f. & cert. ef. 12-4-01

333-048-0030

Penalties

(1) Penalties will not be levied unless the State Public Health Officer declares a vaccine shortage.

(2) If a complaint is made to Health Services about a provider and/or sponsor not acting in accordance with the timeline of activities and the targeting of risk categories as specified in a Vaccine Education and Prioritization Plan:

(a) An investigation will be initiated by Health Services within five working days;

(b) If Health Services determines that a person has knowingly violated the timeline of activities and the targeting of risk categories as specified in the Vaccine Education and Prioritization Plan, such violation shall be documented in the Health Service records and the provider and/or sponsor notified of the determination. If the violation is a repeat violation, a civil penalty shall be levied as set forth in the OAR 333-048-0030(2)(c);

(c) If Health Services determines that a provider and/or sponsor has committed a repeat violation of the timeline of activities and targeting of risk categories as specified in the Vaccine Education and Prioritization Plan, a fine of no more than $500 per incident shall be levied against the provider and/or sponsor; and

(d) If Health Services determines that a provider has committed repeat violations as set forth in the OAR 333-048-0030(2)(c), then Health Services will report the provider to the appropriate licensing authorities in addition to any civil penalties assessed by Health Services.

Stat. Auth.: OL, Ch. 627, 2001
Stats. Implemented:
Hist.: OHD 27-2001, f. & cert. ef. 12-4-01