SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:

CHAPTER 76
VACCINE SHORTAGE PROTECTION ACT

23-76-1. Vaccine defined. -- For purposes of this chapter, the word "vaccine" includes vaccines, immune products and chemoprophylactic medications.

23-76-2. Determination of need. -- Upon a determination by the director of the department of health that there is clear evidence that adverse and avoidable health outcomes from a preventable and acute communicable disease are expected to affect identifiable categories of high-risk individuals throughout Rhode Island and that assistance with the administration of vaccine is warranted due to a vaccine shortage to protect or treat such individuals, the director shall be authorized to implement the provisions contained in this chapter.

23-76-3. Protection of public. -- The director of the department of health shall develop and adopt by rule and regulation a plan to protect the public health during a vaccine shortage by:

(1) Establishing guidelines for physicians, nurses, hospitals, health systems, pharmacies and others that hold vaccines for the distribution and administration of vaccines. The guidelines shall include, but are not limited to, a definition of high-risk groups for priority protection or treatment in the event a vaccine shortage is imminent;

(2) Implementing rules for imposing a civil penalty of five hundred dollars ($500) against persons who knowingly violate the guidelines for each repeat violation of the guidelines;

(3) Mobilizing public and private health resources to assist in vaccine distribution and administration; and

(4) Notifying health professional regulatory boards and licensing authorities of repeated violations of the guidelines by health professionals regulated by the department of health.

23-76-4. Reporting. -- The director of the department of health shall report annually to the general assembly on the development, use and implementation of this act.

SECTION 2. This act shall take effect upon passage.