{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-42.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-42.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-42.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-42.1.html"}],"law_id":66908,"edition_id":1,"section_id":66908,"structure_id":16047,"section_number":"32.1-42.1","catch_line":"Administration and dispensing of necessary drugs, devices and vaccines during a declared disaster or emergency","history":"2003, c. 794; 2007, cc. 699, 783; 2022, cc. 733, 774; 2023, c. 183.","full_text":"A\n\nThe Commissioner, pursuant to § 54.1-3408, may authorize persons who are not authorized by law to administer or dispense drugs or devices to administer or dispense all necessary drugs or devices in accordance with protocols established by the Commissioner when (i) the Governor has declared a disaster or a state of emergency, the United States Secretary of Health and Human Services has issued a declaration of an actual or potential bioterrorism incident or other actual or potential public health emergency, or the Board has made an emergency order pursuant to § 32.1-13 for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other dangers to the public life and health and for the limited purpose of administering vaccines as an approved countermeasure for such communicable, contagious, and infectious diseases; (ii) it is necessary to permit the provision of needed drugs or devices; and (iii) such persons have received the training necessary to safely administer or dispense the needed drugs or devices. Such persons shall administer or dispense all drugs or devices under the direction, control, and supervision of the Commissioner. For purposes of this section, “administer,” “device,” “dispense,” and “drug” shall have the same meaning as provided in § 54.1-3401. The Commissioner shall develop protocols, in consultation with the Department of Health Professions, that address the required training of such persons and procedures for such persons to use in administering or dispensing drugs or devices.B\n\nWhere the Commissioner, pursuant to subsection A, authorizes persons who are not otherwise authorized by law to administer vaccines, such persons shall include any of the following who, due to their education and training, are qualified to administer drugs: (i) any person licensed by a health regulatory board within the Department of Health Professions whose license is in good standing, or was in good standing within the 20 years immediately prior to lapsing; (ii) any emergency medical services provider licensed or certified by the Department whose license or certification is in good standing, or was in good standing within the 20 years immediately prior to lapsing; and (iii) any health professions student enrolled in an accredited program in the Commonwealth who is in good academic standing with such student’s school and provided that the school certifies that the student has been properly trained in the administration of vaccines. A health professions student who administers vaccines pursuant to this section shall be supervised by any eligible health care provider who holds a license issued by a health regulatory board within the Department of Health Professions, and the supervising health care provider shall not be required to be licensed in the same health profession for which the student is studying. A person who is licensed as an advanced practice registered nurse by the Boards of Medicine and Nursing or licensed as a physician assistant by the Board of Medicine who administers vaccines pursuant to this section may administer such vaccine without a written or electronic practice agreement. In the absence of gross negligence or willful misconduct, any such person authorized by the Commissioner or entity overseeing any such person who administers the vaccine pursuant to this section shall not be liable for (a) any actual or alleged injury or wrongful death or (b) any civil cause of action arising from any act or omission arising out of, related to, or alleged to have resulted in the contraction of or exposure to the communicable, contagious, and infectious disease or to have resulted from the administration of the vaccine.","order_by":null,"text":{"0":{"id":242599,"text":"The Commissioner, pursuant to § 54.1-3408, may authorize persons who are not authorized by law to administer or dispense drugs or devices to administer or dispense all necessary drugs or devices in accordance with protocols established by the Commissioner when (i) the Governor has declared a disaster or a state of emergency, the United States Secretary of Health and Human Services has issued a declaration of an actual or potential bioterrorism incident or other actual or potential public health emergency, or the Board has made an emergency order pursuant to § 32.1-13 for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other dangers to the public life and health and for the limited purpose of administering vaccines as an approved countermeasure for such communicable, contagious, and infectious diseases; (ii) it is necessary to permit the provision of needed drugs or devices; and (iii) such persons have received the training necessary to safely administer or dispense the needed drugs or devices. Such persons shall administer or dispense all drugs or devices under the direction, control, and supervision of the Commissioner. For purposes of this section, “administer,” “device,” “dispense,” and “drug” shall have the same meaning as provided in § 54.1-3401. The Commissioner shall develop protocols, in consultation with the Department of Health Professions, that address the required training of such persons and procedures for such persons to use in administering or dispensing drugs or devices.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242600,"text":"Where the Commissioner, pursuant to subsection A, authorizes persons who are not otherwise authorized by law to administer vaccines, such persons shall include any of the following who, due to their education and training, are qualified to administer drugs: (i) any person licensed by a health regulatory board within the Department of Health Professions whose license is in good standing, or was in good standing within the 20 years immediately prior to lapsing; (ii) any emergency medical services provider licensed or certified by the Department whose license or certification is in good standing, or was in good standing within the 20 years immediately prior to lapsing; and (iii) any health professions student enrolled in an accredited program in the Commonwealth who is in good academic standing with such student’s school and provided that the school certifies that the student has been properly trained in the administration of vaccines. A health professions student who administers vaccines pursuant to this section shall be supervised by any eligible health care provider who holds a license issued by a health regulatory board within the Department of Health Professions, and the supervising health care provider shall not be required to be licensed in the same health profession for which the student is studying. A person who is licensed as an advanced practice registered nurse by the Boards of Medicine and Nursing or licensed as a physician assistant by the Board of Medicine who administers vaccines pursuant to this section may administer such vaccine without a written or electronic practice agreement. In the absence of gross negligence or willful misconduct, any such person authorized by the Commissioner or entity overseeing any such person who administers the vaccine pursuant to this section shall not be liable for (a) any actual or alleged injury or wrongful death or (b) any civil cause of action arising from any act or omission arising out of, related to, or alleged to have resulted in the contraction of or exposure to the communicable, contagious, and infectious disease or to have resulted from the administration of the vaccine.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":16047,"edition_id":1,"name":"Disease Control Measures","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 04:04:37","date_modified":"2026-06-26 04:04:37","permalink":{"id":201951,"object_type":"structure","relational_id":16047,"identifier":"3","token":"32.1\/2\/3","url":"\/32.1\/2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76165,"structure_id":16047,"section_number":"32.1-42","catch_line":"Emergency rules and regulations","url":"\/32.1-42\/","token":"32.1\/2\/3\/32.1-42","metadata":false},{"id":66908,"structure_id":16047,"section_number":"32.1-42.1","catch_line":"Administration and dispensing of necessary drugs, devices and vaccines during a declared disaster or emergency","url":"\/32.1-42.1\/","token":"32.1\/2\/3\/32.1-42.1","metadata":false},{"id":78441,"structure_id":16047,"section_number":"32.1-42.2","catch_line":"Declared emergency; priority for personal protective equipment and immunization; funeral service licensees and funeral service establishment employees","url":"\/32.1-42.2\/","token":"32.1\/2\/3\/32.1-42.2","metadata":false},{"id":65793,"structure_id":16047,"section_number":"32.1-43","catch_line":"Authority of State Health Commissioner to require quarantine, etc","url":"\/32.1-43\/","token":"32.1\/2\/3\/32.1-43","metadata":false},{"id":62960,"structure_id":16047,"section_number":"32.1-44","catch_line":"Isolated or quarantined persons","url":"\/32.1-44\/","token":"32.1\/2\/3\/32.1-44","metadata":false},{"id":73376,"structure_id":16047,"section_number":"32.1-45","catch_line":"Expense of treatment","url":"\/32.1-45\/","token":"32.1\/2\/3\/32.1-45","metadata":false},{"id":71237,"structure_id":16047,"section_number":"32.1-45.1","catch_line":"Deemed consent to testing and release of test results related to infection with human immunodeficiency virus or hepatitis B or C viruses","url":"\/32.1-45.1\/","token":"32.1\/2\/3\/32.1-45.1","metadata":false},{"id":68561,"structure_id":16047,"section_number":"32.1-45.2","catch_line":"Public safety employees; testing for blood-borne pathogens; procedure available for certain citizens; definitions","url":"\/32.1-45.2\/","token":"32.1\/2\/3\/32.1-45.2","metadata":false},{"id":83229,"structure_id":16047,"section_number":"32.1-45.3","catch_line":"Repealed","url":"\/32.1-45.3\/","token":"32.1\/2\/3\/32.1-45.3","metadata":false},{"id":73569,"structure_id":16047,"section_number":"32.1-45.4","catch_line":"Comprehensive harm reduction programs","url":"\/32.1-45.4\/","token":"32.1\/2\/3\/32.1-45.4","metadata":false},{"id":80398,"structure_id":16047,"section_number":"32.1-46","catch_line":"Immunization of patients against certain diseases","url":"\/32.1-46\/","token":"32.1\/2\/3\/32.1-46","metadata":false},{"id":70560,"structure_id":16047,"section_number":"32.1-46.01","catch_line":"Virginia Immunization Information System","url":"\/32.1-46.01\/","token":"32.1\/2\/3\/32.1-46.01","metadata":false},{"id":73649,"structure_id":16047,"section_number":"32.1-46.02","catch_line":"Administration of influenza vaccine to minors","url":"\/32.1-46.02\/","token":"32.1\/2\/3\/32.1-46.02","metadata":false},{"id":75856,"structure_id":16047,"section_number":"32.1-46.1","catch_line":"Board to establish protocol for identification of children with elevated blood-lead levels","url":"\/32.1-46.1\/","token":"32.1\/2\/3\/32.1-46.1","metadata":false},{"id":74454,"structure_id":16047,"section_number":"32.1-46.2","catch_line":"Certain testing or determination of low risk for elevated blood-lead levels required","url":"\/32.1-46.2\/","token":"32.1\/2\/3\/32.1-46.2","metadata":false},{"id":78372,"structure_id":16047,"section_number":"32.1-47","catch_line":"Exclusion from school of children not immunized","url":"\/32.1-47\/","token":"32.1\/2\/3\/32.1-47","metadata":false},{"id":73049,"structure_id":16047,"section_number":"32.1-47.1","catch_line":"Vaccination of children; plan enhancements","url":"\/32.1-47.1\/","token":"32.1\/2\/3\/32.1-47.1","metadata":false},{"id":69455,"structure_id":16047,"section_number":"32.1-48","catch_line":"Powers of Commissioner in epidemic","url":"\/32.1-48\/","token":"32.1\/2\/3\/32.1-48","metadata":false},{"id":78035,"structure_id":16047,"section_number":"32.1-48.001","catch_line":"(For contingent effective date, see Acts 2021, Sp. Sess. I, c. 472, cl. 2) Real-time information sharing for emergency medical services agencies","url":"\/32.1-48.001\/","token":"32.1\/2\/3\/32.1-48.001","metadata":false}],"previous_section":{"id":76165,"structure_id":16047,"section_number":"32.1-42","catch_line":"Emergency rules and regulations","url":"\/32.1-42\/","token":"32.1\/2\/3\/32.1-42","metadata":false},"next_section":{"id":78441,"structure_id":16047,"section_number":"32.1-42.2","catch_line":"Declared emergency; priority for personal protective equipment and immunization; funeral service licensees and funeral service establishment employees","url":"\/32.1-42.2\/","token":"32.1\/2\/3\/32.1-42.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-42.1\/","history_text":"

This law was first created in 2003. The record of its establishment is cataloged in chapter 794<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2007, chapters 699<\/a> and 783<\/a>; in 2022, chapters 733<\/a> and 774<\/a>; in 2023, chapter 183<\/a>.<\/p>","references":[{"id":55719,"section_number":"54.1-3301","catch_line":"Exceptions","order_by":null,"url":"\/54.1-3301\/"},{"id":77665,"section_number":"54.1-3408","catch_line":"Professional use by practitioners","order_by":null,"url":"\/54.1-3408\/"}],"refers_to":[{"id":64338,"section_number":"32.1-13","catch_line":"Emergency orders and regulations","order_by":null,"url":"\/32.1-13\/"},{"id":59669,"section_number":"54.1-3401","catch_line":"Definitions","order_by":null,"url":"\/54.1-3401\/"},{"id":77665,"section_number":"54.1-3408","catch_line":"Professional use by practitioners","order_by":null,"url":"\/54.1-3408\/"}],"permalink":{"id":201957,"object_type":"law","relational_id":66908,"identifier":"32.1-42.1","token":"32.1\/2\/3\/32.1-42.1","url":"\/32.1-42.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-42.1\/","token":"32.1\/2\/3\/32.1-42.1","dublin_core":{"Title":"Administration and dispensing of necessary drugs, devices and vaccines during a declared disaster or emergency","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-42.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span>, pursuant to § 54.1-3408<\/a>, may authorize persons<\/span> who are not authorized by law<\/span> to administer or dispense drugs or devices to administer or dispense all necessary drugs or devices in accordance with protocols established by the Commissioner<\/span> when (i) the Governor has declared a disaster or a state of emergency, the United States Secretary of Health and Human Services has issued a declaration of an actual or potential bioterrorism incident or other actual or potential public health emergency, or the Board<\/span> has made an emergency order<\/span> pursuant to § 32.1-13<\/a> for the purpose of suppressing nuisances dangerous to the public health and communicable, contagious, and infectious diseases and other dangers to the public life and health and for the limited purpose of administering vaccines as an approved countermeasure for such communicable, contagious, and infectious diseases; (ii) it is necessary to permit the provision of needed drugs or devices; and (iii) such persons<\/span> have received the training necessary to safely administer or dispense the needed drugs or devices. Such persons<\/span> shall administer or dispense all drugs or devices under the direction, control, and supervision of the Commissioner<\/span>. For purposes of this section, “administer,” “device,” “dispense,” and “drug” shall have the same meaning as provided in § 54.1-3401<\/a>. The Commissioner<\/span> shall develop protocols, in consultation with the Department<\/span> of Health Professions, that address the required training of such persons<\/span> and procedures for such persons<\/span> to use in administering or dispensing drugs or devices. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Where the Commissioner<\/span>, pursuant to subsection A, authorizes persons<\/span> who are not otherwise authorized by law<\/span> to administer vaccines, such persons<\/span> shall include any of the following who, due to their education and training, are qualified to administer drugs: (i) any person<\/span> licensed by a health regulatory board<\/span> within the Department<\/span> of Health Professions whose license is in good standing, or was in good standing within the 20 years immediately prior to lapsing; (ii) any emergency medical services provider licensed or certified by the Department<\/span> whose license or certification is in good standing, or was in good standing within the 20 years immediately prior to lapsing; and (iii) any health professions student enrolled in an accredited program in the Commonwealth who is in good academic standing with such student’s school and provided that the school certifies that the student has been properly trained in the administration of vaccines. A health professions student who administers vaccines pursuant to this section shall be supervised by any eligible health care provider who holds a license issued by a health regulatory board<\/span> within the Department<\/span> of Health Professions, and the supervising health care provider shall not be required to be licensed in the same health profession for which the student is studying. A person<\/span> who is licensed as an advanced practice registered nurse by the Boards<\/span> of Medicine and Nursing or licensed as a physician assistant by the Board<\/span> of Medicine who administers vaccines pursuant to this section may administer such vaccine without a written or electronic practice agreement. In the absence of gross negligence<\/span> or willful misconduct, any such person<\/span> authorized by the Commissioner<\/span> or entity overseeing any such person<\/span> who administers the vaccine pursuant to this section shall not be liable for (a) any actual or alleged injury or wrongful death or (b) any civil cause of action<\/span> arising from any act or omission arising out of, related to, or alleged to have resulted in the contraction of or exposure to the communicable, contagious, and infectious disease or to have resulted from the administration of the vaccine. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nADMINISTRATION AND DISPENSING OF NECESSARY DRUGS, DEVICES AND VACCINES DURING A\nDECLARED DISASTER OR EMERGENCY (\u00a7 32.1-42.1)\n\nA. The Commissioner, pursuant to § 54.1-3408, may authorize persons who are\nnot authorized by law to administer or dispense drugs or devices to administer\nor dispense all necessary drugs or devices in accordance with protocols\nestablished by the Commissioner when (i) the Governor has declared a disaster or\na state of emergency, the United States Secretary of Health and Human Services\nhas issued a declaration of an actual or potential bioterrorism incident or\nother actual or potential public health emergency, or the Board has made an\nemergency order pursuant to § 32.1-13 for the purpose of suppressing\nnuisances dangerous to the public health and communicable, contagious, and\ninfectious diseases and other dangers to the public life and health and for the\nlimited purpose of administering vaccines as an approved countermeasure for such\ncommunicable, contagious, and infectious diseases; (ii) it is necessary to\npermit the provision of needed drugs or devices; and (iii) such persons have\nreceived the training necessary to safely administer or dispense the needed\ndrugs or devices. Such persons shall administer or dispense all drugs or devices\nunder the direction, control, and supervision of the Commissioner. For purposes\nof this section, “administer,” “device,”\n“dispense,” and “drug” shall have the same meaning as\nprovided in § 54.1-3401. The Commissioner shall develop protocols, in\nconsultation with the Department of Health Professions, that address the\nrequired training of such persons and procedures for such persons to use in\nadministering or dispensing drugs or devices.\n\nB. Where the Commissioner, pursuant to subsection A, authorizes persons who are\nnot otherwise authorized by law to administer vaccines, such persons shall\ninclude any of the following who, due to their education and training, are\nqualified to administer drugs: (i) any person licensed by a health regulatory\nboard within the Department of Health Professions whose license is in good\nstanding, or was in good standing within the 20 years immediately prior to\nlapsing; (ii) any emergency medical services provider licensed or certified by\nthe Department whose license or certification is in good standing, or was in\ngood standing within the 20 years immediately prior to lapsing; and (iii) any\nhealth professions student enrolled in an accredited program in the Commonwealth\nwho is in good academic standing with such student’s school and provided\nthat the school certifies that the student has been properly trained in the\nadministration of vaccines. A health professions student who administers\nvaccines pursuant to this section shall be supervised by any eligible health\ncare provider who holds a license issued by a health regulatory board within the\nDepartment of Health Professions, and the supervising health care provider shall\nnot be required to be licensed in the same health profession for which the\nstudent is studying. A person who is licensed as an advanced practice registered\nnurse by the Boards of Medicine and Nursing or licensed as a physician assistant\nby the Board of Medicine who administers vaccines pursuant to this section may\nadminister such vaccine without a written or electronic practice agreement. In\nthe absence of gross negligence or willful misconduct, any such person\nauthorized by the Commissioner or entity overseeing any such person who\nadministers the vaccine pursuant to this section shall not be liable for (a) any\nactual or alleged injury or wrongful death or (b) any civil cause of action\narising from any act or omission arising out of, related to, or alleged to have\nresulted in the contraction of or exposure to the communicable, contagious, and\ninfectious disease or to have resulted from the administration of the vaccine.\n\nHISTORY: 2003, c. 794; 2007, cc. 699, 783; 2022, cc. 733, 774; 2023, c. 183.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}