HF 2627

as introduced - 92nd Legislature (2021 - 2022) Posted on 01/31/2022 12:39pm

A bill for an act
relating to health; requiring certain health care providers to report adverse
vaccination events and disclose certain information; proposing coding for new law
in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

[144.3353] ADMINISTRATION OF VACCINATIONS.

Subdivision 1.

Definitions.

(a) The following definitions apply to this section.

(b) "Health care provider" means a Minnesota licensed physician, physician assistant,
or advanced practice registered nurse.

(c) "Vaccine adverse events reporting system" or "VAERS" means the national vaccine
safety surveillance program run by the Centers for Disease Control and Prevention and the
Food and Drug Administration.

(d) "Vaccine information" means the information provided by the manufacturer with
the vaccine, including the package insert, and the vaccine information statement provided
by the Centers for Disease Control and Prevention.

Subd. 2.

Required disclosure.

Any health care provider who administers a vaccination
must provide the patient or the patient's parent or legal guardian with vaccine information,
as defined in subdivision 1, paragraph (d), on the particular vaccine that will be administered
prior to the vaccine being administered. The health care provider must also obtain written
informed consent from the patient or the patient's parent or legal guardian prior to
administering the vaccine.

Subd. 3.

Required reporting of adverse events.

Any health care provider that is made
aware that a patient has or may have had an adverse reaction to a vaccination must report
that adverse event to the vaccine adverse events reporting system. The report may be made
in any way that is consistent with reporting requirements through VAERS. The health care
provider must make the report immediately after becoming aware of an adverse event or a
potential adverse event and provide the commissioner a copy of the report within five days
of reporting to VAERS.

Subd. 4.

Health care provider protections.

A health care provider may not be retaliated
against by an employer, nor shall the health care provider be subject to disciplinary action
by the provider's professional licensing board, for providing a patient or a patient's parent
or legal guardian with the health care provider's medical opinion on the benefits or potential
side effects of a vaccination or for reporting an adverse event to VAERS or the commissioner.