SF 1870

as introduced - 89th Legislature (2015 - 2016) Posted on 03/19/2015 09:22am

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.

new text begin [144.3353] ADMINISTRATION OF VACCINATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The following definitions apply to this section.
new text end

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

new text begin (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.
new text end

new text begin (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.
new text end

new text begin Subd. 2. new text end

new text begin Required disclosure. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Required reporting of adverse events. new text end

new text begin 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.
new text end

new text begin Subd. 4. new text end

new text begin Health care provider protections. new text end

new text begin 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.
new text end