                                 CODE OF VIRGINIA

PROCLAMATION OF INFLUENZA VACCINE SHORTAGE (§ 59.1-534)

In the event of an existing or threatened influenza vaccine shortage due to an
abnormal market disruption or other extraordinary adverse circumstance, the
Governor may issue an executive order proclaiming that an influenza vaccine
shortage exists. Prior to issuing such a proclamation, the Governor shall
consult with the State Health Commissioner. An executive order proclaiming that
an influenza vaccine shortage exists shall not be issued unless the Governor
determines that:

1. The amount of influenza vaccine available for administration in the
Commonwealth is not reasonably sufficient to provide influenza vaccinations to
those persons residing in the Commonwealth who are in primary target groups
recommended for annual influenza vaccination in accordance with the most
recently available recommendations of the Advisory Committee on Immunization
Practices of the federal Department of Health and Human Services&#8217; Centers
for Disease Control and Prevention; and

2. Price gouging with respect to influenza vaccine is occurring or is likely to
occur as the proximate result of the influenza vaccine shortage.

HISTORY: 2005, c. 861.