2021 -- H 5097

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LC000918

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO CRIMINAL PROCEDURE -- VACCINATION JUMPING

     Introduced By: Representatives C Lima, Casimiro, Potter, and Alzate

     Date Introduced: January 22, 2021

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 70

VACCINATION JUMPING

     11-70-1. Short title.

     This act shall be known and may be cited as the “Prohibition on Vaccination Jumping

Act”.

     11-70-2. Findings.

     (a) The general assembly hereby finds and declares that:

     (1) On January 30, 2020, the World Health Organization designated the novel coronavirus,

COVID-19, outbreak as a public health emergency of international concern.

     (2) On January 31, 2020 the Rhode Island department of health (department) established

an incident command system response to COVID-19.

     (3) On January 31, 2020, United States Health and Human Services Secretary Alex M.

Azar II declared a public health emergency for the United States.

     (4) On March 9, 2020, the governor of the state of Rhode Island issued a declaration of

emergency and over the course of several months issued numerous continuations of that declaration

of emergency.

     (5) The declaration of emergency ordered the closure of businesses, parks, limitations of

social gatherings, to name just a few temporary and sometimes permanent effects of the scourge of

COVID-19.

     (6) Through scientific research of unprecedented magnitude, the United States government

finally approved vaccines in late 2020.

     (7) The state of Rhode Island instituted a vaccine schedule and is currently in its first phase

of distributing vaccines to those most susceptible and/or at risk of exposure to COVID-19.

     (8) The distribution began on December 14, 2020 and those eligible for the first vaccines

included hospital staff, EMS personnel, home health and hospice workers at licensed nursing homes

and residents thereof.

     (9) The general assembly further finds that institutions such as Lifespan and Care New

England have provided and are providing vaccinations to individuals that are not eligible under

phase one of the state’s plan. This improper distribution results in the distributors jumping over

eligible recipients to those who are ineligible.

     (10) The distribution of vaccinations to those not eligible is a blatant attempt to circumvent

phase one of the state’s vaccination schedule and must be stopped.

     11-70-3. Vaccination jumping prohibited.

     (a) It shall be unlawful for any person, firm, corporation department of the state or any

other entity having authority to distribute COVID-19 vaccinations, to divert the vaccinations or

distribute them in violation of the state’s vaccination schedule.

     (b) Any person or employee who violates this section shall, upon conviction, be imprisoned

for up to three (3) years.

     (c) Any hospital, health care facility or business entity in possession of vaccinations and

with the authority to distribute those vaccinations and who distributes the vaccinations in violation

of the state's vaccination schedule shall be punished by a fine of up to five hundred thousand dollars

($500,000) for each offense and shall have their license to operate suspended for up to one year.

     (d) Any person who allows themselves to be vaccinated with knowledge that they are

ineligible to receive it in accordance with the state's vaccination schedule upon conviction shall be

guilty of a misdemeanor and shall be imprisoned up to six (6) months or fined up to one thousand

dollars ($1,000), or both.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO CRIMINAL PROCEDURE -- VACCINATION JUMPING

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     This act would make it unlawful for health care facilities or their workers to circumvent

the state's COVID-19 vaccination schedule.

     This act would take effect upon passage.

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