                                 CODE OF VIRGINIA

ADMINISTRATION AND DISPENSING OF NECESSARY DRUGS, DEVICES AND VACCINES DURING A
DECLARED DISASTER OR EMERGENCY (§ 32.1-42.1)

A. The Commissioner, pursuant to &#xA7; 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 &#xA7; 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, &#8220;administer,&#8221; &#8220;device,&#8221;
&#8220;dispense,&#8221; and &#8220;drug&#8221; shall have the same meaning as
provided in &#xA7; 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. 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&#8217;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.

HISTORY: 2003, c. 794; 2007, cc. 699, 783; 2022, cc. 733, 774; 2023, c. 183.