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Amend the bill in section 1 in §1071 in subsection 4 in paragraph G in subparagraph (2) in the last line (page 3, line 17 in L.D.) by striking out the following: "and"
Amend the bill in section 1 in §1071 in subsection 4 in paragraph H in subparagraph (10) in the last line (page 4, line 10 in L.D.) by striking out the following: "." and inserting the following: '; and'
Amend the bill in section 1 in §1071 in subsection 4 by inserting at the end a new paragraph to read:
 
‘I. Review the forms submitted to the office under section 1082 and submit a report annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding information received on the forms and any trends.’
Amend the bill in section 1 by striking out all of §1074 and inserting the following:
‘§ 1074. Vaccine death investigations
 
1.  Authority to investigate.     Upon the request of the next of kin of the deceased person, the office shall investigate a death that is suspected to have been caused by the administration of a vaccine.
 
2.  Review of medical records.     The office may have access to health care information of a deceased person upon the completion of an appropriate release by the next of kin of the deceased person. "Health care information" has the same meaning as in section 1711-C, subsection 1, paragraph E. Health care information obtained under this section is confidential, is not a public record as defined in Title 1, section 402, subsection 3 and may not be made available for inspection by the public.
 
3.  Interviews.     The office may conduct voluntary interviews with the family, medical providers of the deceased person upon the completion of an appropriate release by the next of kin of the deceased person or any other individual involved in the deceased person's care and health.
 
4.  Report.    The office shall provide the next of kin of a deceased person under subsection 1 a detailed report regarding the investigation. The office shall post on a publicly accessible website its report after removing all personally identifying information of the deceased person.’
Amend the bill in section 1 by inserting after §1081 the following section to read:
‘§ 1082. Form regarding recent vaccinations
A health care provider who provides primary care to a child under 18 years of age shall provide to the parent, guardian or custodian of the child a form for the parent, guardian or custodian to complete. The form must include a request for the child's most recent immunization and the date of that immunization. A parent, guardian or custodian must complete the form to the best of the parent's, guardian's or custodian's ability. The provider shall remove the personally identifying information of the child from the form and submit it to the office.’
Amend the bill in section 1 to renumber the sections to read consecutively.
Amend the bill by adding after section 1 the following:
‘Sec. 2.  PL 2019, c. 154  is repealed.’
Amend the bill by adding after section 3 the following:
‘Sec. 4. Appropriations and allocations. The following appropriations and allocations are made.
 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
 
Maine Center for Disease Control and Prevention 0143
 
Initiative: Provides funding for one Public Service Manager II position to be the vaccine injury ombudsman, who receives and investigates vaccine injury complaints.

GENERAL FUND	2019-20	2020-21	
POSITIONS - LEGISLATIVE COUNT	1.000	1.000	
Personal Services	$106,018	$110,247	
All Other	$10,646	$10,646	
			
GENERAL FUND TOTAL	$116,664	$120,893	

Maine Center for Disease Control and Prevention 0143
 
Initiative: Provides funding for one Public Health Physician position to establish treatment guidelines and standards for health care practitioners and work with medical boards, the American Academy of Pediatrics and other associations to change routine practice for administering vaccinations.

GENERAL FUND	2019-20	2020-21	
POSITIONS - LEGISLATIVE COUNT	1.000	1.000	
Personal Services	$158,869	$165,444	
All Other	$10,646	$10,646	
			
GENERAL FUND TOTAL	$169,515	$176,090	

Maine Center for Disease Control and Prevention 0143
 
Initiative: Provides funding for one Planning and Research Associate II position to write policies, write manuals, write a state vaccine information statement sheet, facilite continuing education and vaccine safety training every 3 years and provide a forum on vaccine adverse events twice per year and perform many other tasks.

GENERAL FUND	2019-20	2020-21	
POSITIONS - LEGISLATIVE COUNT	1.000	1.000	
Personal Services	$79,558	$82,355	
All Other	$10,646	$10,646	
			
GENERAL FUND TOTAL	$90,204	$93,001	

Maine Center for Disease Control and Prevention 0143
 
Initiative: Provides funding for one Health Program Manager position to oversee the daily operations of the Vaccine Consumer Protection Program and ensure its implementation.

GENERAL FUND	2019-20	2020-21	
POSITIONS - LEGISLATIVE COUNT	1.000	1.000	
Personal Services	$94,491	$98,111	
All Other	$10,646	$10,646	
			
GENERAL FUND TOTAL	$105,137	$108,757	

Maine Center for Disease Control and Prevention 0143
 
Initiative: Provides funding for one Office Associate II position for administrative support of the Vaccine Consumer Protection Program.

GENERAL FUND	2019-20	2020-21	
POSITIONS - LEGISLATIVE COUNT	1.000	1.000	
Personal Services	$64,177	$66,359	
All Other	$10,646	$10,646	
			
GENERAL FUND TOTAL	$74,823	$77,005	

Maine Center for Disease Control and Prevention 0143
 
Initiative: Provides funding for contracts to prepare and complete the 2 annual forums required under the Vaccine Consumer Protection Program.

GENERAL FUND	2019-20	2020-21	
All Other	$20,000	$20,000	
			
GENERAL FUND TOTAL	$20,000	$20,000	

Maine Center for Disease Control and Prevention 0143
 
Initiative: Provides one-time funding for the development of a Vaccine Consumer Protection Program database and website and annual ongoing funding to host the database.

GENERAL FUND	2019-20	2020-21	
All Other	$31,445	$5,000	
			
GENERAL FUND TOTAL	$31,445	$5,000	

HEALTH AND HUMAN SERVICES, DEPARTMENT OF			
DEPARTMENT TOTALS	2019-20	2020-21	
			
GENERAL FUND	$607,788	$600,746	
			
DEPARTMENT TOTAL - ALL FUNDS	$607,788	$600,746	
 
’
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
 
SUMMARY
This amendment, which is the minority report of the committee, clarifies the activities of the Vaccine Consumer Protection Office in investigating a death that is suspected to have been caused by the administration of a vaccine. It also requires a health care provider who provides primary care to a child under the age of 18 to provide to the parent, guardian or custodian of the child a form for the parent, guardian or custodian to complete requesting the child's most recent immunization and the date of that immunization and requires the health care provider to remove the personally identifying information of the child from the form and submit it to the Vaccine Consumer Protection Office. The Vaccine Consumer Protection Office is directed to submit a report annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding information received on the forms and any trends. The amendment also repeals Public Law 2019, chapter 154, "An Act To Protect Maine Children and Students from Preventable Diseases by Repealing Certain Exemptions from the Laws Governing Immunization Requirements."
The amendment retains the provisions in the bill that establish the Vaccine Consumer Protection Program; establish treatment and administration guidelines for vaccines; specify a health care provider's rights to refuse to administer a vaccine and a patient's right to refuse a vaccine; prohibit incentives to administer vaccines, vaccine administration without a prescription and vaccine prescription by standing order; require an annual report on adverse event reports; provide for religious and medical exemptions; add the vaccine injury table to a provider reference manual; and require health care provider licensing boards to amend their rules to conform to the provisions in the bill, among other provisions.
The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)