As APMA reported previously, HHS amended its declaration under the Public Readiness and Emergency Preparedness Act (PREP Act) on January 28 to add categories of qualified persons authorized to prescribe, dispense, and administer COVID-19 vaccines authorized by the US Food and Drug Administration.
Subject to certain limitations, a covered person is immune from suit and liability under federal and state law with respect to all claims for loss resulting from the administration or use of a covered countermeasure (i.e., administration of the COVID-19 vaccine) if a declaration under the PREP Act has been issued with respect to such countermeasure.
Under the January 28 Amendment, if a DPM holds an active license that permits them to prescribe, dispense, or administer vaccines (any type), they can provide the vaccine in any state as long as they meet all conditions. The January 28 Amendment also extended the PREP Act to physicians with inactive licenses; however, the amendment was unclear on the definition of physician and APMA wrote to HHS to seek a clarification. APMA will update the membership if and when HHS releases additional guidance.