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| Public Health Legal Preparedness Materials |
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| Material Related to the Influenza Vaccine Shortage |
The following legal materials may be of use to persons researching the 2004 - 2005 influenza vaccine
shortage in the United States. Researchers should also visit the CDC influenza website and
the websites of relevant individual jurisdictions. Materials are listed in alphabetical order by jurisdiction.
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Federal.
SB 2968. Short Title: Emergency Flu Response Act of 2004.
A bill amending the Public Health Service Act to address the flu vaccine
shortage. (Introduced 10/8/2004)
(
PDF file)
(Posted: 10/22/2004 11:00 AM)
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National. Collection of legal orders and materials concerning the
2004-2005 influenza vaccine shortage, posted by the National Association of County and
City Health Officials.
(Web link)
(Posted: 10/13/2004 10:00 AM)
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National. Department of Defense. Interim Policy Guidance for the Use of Influenza
Vaccine for 2004-2005 Flu Season. A memorandum prepared by William
Winkenwerder, Jr., MD, Assistant Secretary of Defense for Health Affairs,
concerning interim policy guidance for the administration of available vaccine.
(PDF file)
(Posted: 10/19/2004 10:00 AM)
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National. The Association of State and Territorial Health Officials (ASTHO).
Resources for the Influenza Season 2004-2005. This ASTHO site contains
various information on the limited flu vaccine supply and recommendations, as
well as the efforts by states to effectively target vaccine and implement
federal guidelines for the 2004-2005 influenza season.
(Web link)
(Posted: 10/14/2004 1:00 PM)
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California.
A Health Order issued by Alameda County Health Officer
ordering that all providers of the influenza vaccine limit the administration of
the vaccine to those in the high risk category. (National Association of City
and County Health Officials).
(PDF file)
(Posted: 10/21/2004 11:00 AM)
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California. Alameda County Health Officer provides rational for
Emergency Health Order. County Health Officer provides justification for
declaring an Emergency Health Order for flu vaccine shortage. (National Association of City
and County Health Officials).
(PDF file)
(Posted: 10/21/2004 1:00 PM)
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California. A Health Order issued by the City of Berkeley, Department
of Health and Human Services of Public Health ordering health care professionals
to comply with orders to limit the administration of vaccine to those in the
high risk category. (National Association of City and County Health
Officials).
(PDF file)
(Posted: 10/21/2004 12:00 AM)
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California.
Mayor of San Francisco Proclaims Local Emergency.
An order directing health care providers limit vaccination to individuals that
are in the high risk category. (National Association of City and County
Health Officials).
(Word file)
(Posted: 10/21/2004 12:00 AM)
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California. Los Angeles County. A copy of an influenza vaccine memorandum advising supervisors of
the Los Angeles Department of Health Services of the department's plan for
responding the flu vaccine shortage.
(PDF file)
(Posted: 10/20/2004 3:00 PM)
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California. Los Angeles County. Sample copies of letters prepared by the County of Los
Angeles Department of Health Services requesting local health care providers and
skilled nursing facilities to limit their distribution of the influenza vaccine
to those persons listed in the high risk priority group.
(Word file);
(Word file)
(Posted: 10/20/2004 3:00 PM)
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California. Order to Control Influenza Vaccination. Order by the
California State Health Officer ordering all health care providers in California
to limit influenza vaccination to persons in high-risk groups. Signed by
the Health Officer on October 8, 2004. Authority cited: Cal. Health &
Safety Code, Sections 100180 and 120140.
(PDF file)
(Posted: 10/13/2004 10:00 AM)
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Connecticut. Emergency Executive Order. An Executive Order issued
by the Governor of Connecticut requiring certain agencies administering
trivalent inactivated influenza vaccines to give priority to individuals who are
members of high risk or targeted populations.
(Word file)
(Posted: 10/25/2004 4:00 PM)
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Connecticut.
Title 42 Chap743h. A chapter from the General Statutes of Connecticut dealing
with price gouging during an emergency.
(Web link)
(Posted: 10/21/2004 10:00 AM)
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Connecticut. A
memorandum published by the State of Connecticut
Department of Public Health providing information and guidelines addressing the
shortage of the flu vaccine. (Courtesy of the National Association of
County and City Health Officials).
(PDF file)
(Posted: 10/13/2004 3:00 PM)
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D.C. DC Flu Vaccine Emergency Rule. A copy of the flu vaccine Emergency
Rule issued by Gregg A. Pane, MD, Acting Director of the DC Department of
Health, mandating that available influenza vaccine held by District health care
providers be used for priority groups only, and imposes penalties for noncompliance. Authority cited: s. 3(a) of
the Preventive Health Services Amendments Act of 1985 ("Act"), effective
February 21, 1986, D.C. Law 6-83, D.C. Official Code § 7-131(a) and Mayor’s
Order 98-141, dated August 20, 1998, hereby gives notice of the adoption, on an
emergency basis, of an amendment to Chapter 2 of Title 22 of the District of
Columbia Municipal Regulations (DCMR) (Public Health and Medicine) (August
1986).
(Web link)
(Posted: 10/18/2004 3:00 PM)
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Delaware. An Order to Control Influenza Vaccination signed by Delaware Health
and Social Services Secretary Vincent P. Meconi ordering that the influenza
vaccine be administered only to those individuals in the high risk category.
Authority Cited: Title 16, Section 122 of Delaware Code, Health and Safety
(Web link)
(Posted: 10/27/2004 3:30 PM)
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Florida.
Press Release. Statement from Florida Department of Health
Secretary of John O. Agwunobi, MD, MBA, MPH encouraging influenza vaccination
prioritization for high risk individuals, and authorizing
the distribution of flu vaccine between doctors, hospitals, and pharmacies
during the 2004-2005 flu season.
(Word file)
(Posted: 10/13/2004 4:00 PM)
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Florida. An Emergency Rule issued by the Florida Department of Health
authorizing the administration of surplus influenza vaccine by health care
entities to be administered to specified priority high risk groups.
Authority cited: s. 499.012(1)(a)2.b. F.S.
(Word file).
(Posted: 10/13/2004 4:00 PM)
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Iowa. Public Health Bulletin. Issued October 11, 2004, by the Iowa
Department prioritizing the administration of the influenza vaccine.
Authority cited: s.135.11(3).
(PDF file).
(Posted: 10/20/2004 11:00 AM)
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Kansas. Guidance on Priority Groups for Inactivated Influenza
Vaccination. Guidelines provided by the Kansas Department of Health and
Environment that specifically define high risk groups and assists vaccine
providers in the responsible use of flu.
(PDF file).
(Posted: 10/20/2004 4:00 PM)
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Maine. Updated Guidance on Influenza. A memo from the Maine Department
of Health, State Health Officer Dora Anne Mills provides additional updated
guidance to various Emergency Departments, Hospital Associations, and Local
Health Departments on the administration of the extremely limited influenza
vaccine.
(Web link)
(Posted: 10/14/2004 11:00 AM)
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Maryland. Governor's Call for Prioritization of Flu Vaccine. A
press release issued from the Office of the Governor and the Department of
Health and Mental Hygiene announcing that Maryland will adopt recommendations
issued by CDC for the prioritization of the flu vaccine.
(Web link)
(Posted: 10/13/2004 3:00 PM)
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Massachusetts. Boston.
Revised Emergency Influenza Vaccine Order. A revised emergency
order issued by the Boston Public Health Commissioner requiring the distribution
of the flu vaccine be limited to those individuals in the high risk categories,
and imposes penalties for noncompliance.
Authority cited: M.G.L. c. 111, s.5A.
(PDF file)
(Posted: 10/26/2004 12:00 AM)
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Massachusetts. Boston.
Emergency Flu Regulation. Emergency flu
regulation enacted by the board of the Boston Public Health Commission governing
the distribution and priorization of flu vaccine in the city of Boston.
(PDF file)
(Posted: 10/26/2004 12:00 AM)
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Massachusetts.
Massachusetts Flu Vaccine Initiatives. Massachusetts
Public Health Commissioner Christine Ferguson issues a public health order to
limit flu vaccination to people in the high risk groups.
(Web link)
(Posted: 10/14/2004 11:00 AM)
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Michigan.
Michigan Public Health Order. A copy of a health order
issued by Janet Olszewski, Director, Michigan Department of Community Health to
limiting the administration of the influenza vaccine to those priority
populations outlined by the CDC, and imposes penalties for noncompliance.
(PDF file)
(Posted: 10/18/2004 1:35 PM)
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Missouri. An Executive Order signed by the Governor of Missouri Bob Holden
ordering all health care providers to limit influenza vaccinations to
individuals in the high risk category.
(PDF file)
(Posted: 10/27/2004 3:35 PM)
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Nebraska. Health Alert Network. Guidelines developed by the
Nebraska Health and Human Services for specifically defining high risk groups
for the influenza vaccination
(PDF file)
(Posted: 10/13/2004 3:00 PM)
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New Mexico.
New Mexico Public Health Order. Order issued by the
Secretary of the New Mexico Department of Health limiting the administration of
influenza vaccine to those individuals who are most at risk for serious illness
or death due to influenza, and imposes penalties for noncompliance. (Courtesy of the National Association of County
and City Health Officials).
(PDF file)
(Posted: 10/13/2004 3:00 PM)
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New York. Dutchess County Emergency Health Order. A press release
from the Dutchess County Commissioner of Health, mandating that only individuals
who meet the CDC priority population guidelines be administered the flu vaccine,
and announcing the revised flu vaccination clinics. (The National Association of
County and City Health Officials).
(Web link)
(Posted: 10/18/2004 3:00 PM)
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North Carolina. N.C.A.C. 41A.0201. An administrative rule that
states that the Centers for Disease Control and Prevention's recommendation
regarding which priority groups should receive influenza vaccination is an
enforceable rule referenced in the NC Administrative Code.
(PDF file)
(Posted: 10/22/2004 9:30 AM)
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Oklahoma. Executive Proclamation issued by Oklahoma Governor urging
health care providers to reserve the flu vaccine for those individuals who are
in high risk categories.
(Web link)
(Posted: 10/22/2004 9:30 AM)
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Oregon. The
Oregon Influenza Vaccine Education and Prioritization Plan
2004-05. A plan triggered by the influenza vaccine shortage aimed at
avoiding health consequences for persons in high-risk groups for complications
from influenza. Issued on October 8, 2004 by the Oregon State Health
Officer. The plan consists of: 1) guidelines for healthcare providers; 2) rules
for imposing civil penalties for violation of the guidelines; 3) mobilizing
public and private health resources; and 4) notifying health professional boards
of violations. This Plan is effective immediately, October 8, 2004, and
will stay in effect through March 31, 2005, unless otherwise amended or
rescinded. Authority cited: Oregon Revised Statute 433.040.
(PDF file)
(Posted: 10/13/2004 10:00 AM)
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South Carolina.
Public Health Advisory. Issued by the S.C. Department
of Health and Environmental Control, regarding the prioritization and
administration of the flu vaccination. (National Association of City and
County Health Officials).
(Web link)
(Posted: 10/21/2004 10:00 AM)
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Vermont.
Health Order. An order called by the Vermont Commissioner of
Health for all health care providers and pharmacists to cease distributing and
administering the influenza vaccine to anyone who is not in a high-risk
category.
(PDF file)
(Posted: 10/22/2004 12:00 PM)
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Washington. King County's Flu Vaccine Health Order. A health order
issued by the Director and Health Officer of Public Health, Seattle & King
County directing health care providers and other vaccinators to only provide
influenza vaccine to those at high risk.
(Web link)
(Posted: 10/13/2004 3:00 PM)
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Wisconsin.
Wisconsin Emergency Order. An Emergency Order signed
by the Department of Health and Family Services Secretary Helene Nelson
mandating that flu vaccinations are limited to those individuals in the high
priority group, and imposes penalties for noncompliance. (The National Association of County and City Health
Officials).
(PDF file)
(Posted: 10/18/2004 3:00 PM)
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| State Attorney Generals File Suits Against Flu Vaccine Price Gouging |
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Connecticut. A Complaint
filed by the Connecticut Attorney General
against flu vaccine distributor Meds-Stat for alleged price gouging.
(PDF file)
(Posted: 10/25/2004 11:00 AM)
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Florida. A Complaint
and application for preliminary relief filed by
the Florida Attorney General against flu vaccine distributor Meds-Stat.
(PDF file)
(Posted: 10/25/2004 11:00 AM)
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Kansas. A
Press Release from the Kansas Attorney General announcing a
suit against Meds-Stat for alleged price gouging.
(Web link)
(Posted: 10/25/2004 11:00 AM)
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Texas. A News Release reporting that the Texas Attorney General filed
suit against two distributors of flu vaccine for allegedly charging exorbitant
prices.
(Web link)
(Posted: 10/25/2004 11:00 AM)
This page last reviewed: October 27, 2004
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