An Act To Address Potential Shortages of Influenza Immunizing Agents in Maine
Maine Legislature, Session 122, LD 2106
Amends: 22 MRSA §1065

Legislative Document 
No. 2106 
H.P.1496 
House of Representatives, April 10, 2006 
An Act To Address Potential Shortages of Influenza Immunizing 
Agents in Maine 
(EMERGENCY) 
Reported by Representative PINGREE of North Haven for the Joint Standing Committee 
on Health and Human Services pursuant to Joint Order 2006, H.P. 1488. 
Printed 00 recycled paper 
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MILLICENT M. MacFARLAND 
Clerk 
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Emergency preamble. Whereas, acts of the Legislature do not become effective 
until 90 days after adjournment unless enacted as emergencies; and 
Whereas, certain segments of the Maine public are at high risk of contracting the 
flu, and the flu can be deadly to these specific risk groups, which include the elderly, the 
very young and those suffering chronic illnesses; and 
Whereas, in recent years, there have been shortages of influenza immunizing agents' 
and delays in receiving influenza immunizing agents, and the availability of the influenza 
immunizing agents has varied widely both geographically and by the type of health care 
provider obtaining them; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1065 is enacted to read: 
§106S. Influenza immunizing agent distribution report 
A manufacturer or distributor that ships or distributes influenza immunizing agents to 
or within this State shall report information on the distribution of such agents to the 
Maine Center for Disease Control and Prevention as provided in this section. 
1. 
Report timing and content. A manufacturer or distributor shall report the 
following information on the distribution of influenza immunizing agents in this State 
every 2 weeks during influenza season and on a monthly basis thereafter: 
A. Contact name, company name, address, phone number and e-mail address of the 
manufacturer or distributor that is shipping or distributing influenza immunizing 
agents; 
B. Contact name, business name, type of provider, address, phone number and e-
mail address of the licensed health care provider or facility that will receive influenza 
immunizing agents; 
C. 
The date that the manufacturer or distributor ships or distributes influenza 
immunizing agents and date that the delivery is received by the licensed health care 
provider or facility that ordered influenza immunizing agents; and 
D. The type, quantity and dosage of influenza immunizing agents distributed to the 
licensed health care provider or facility. 
2. Supply and demand. The department shall estimate the supply and demand for 
influenza immunizing agents at the beginning of each influenza season by assessing 
aggregate orders; reviewing information disseminated by manufacturers. distributors and 
the United States Department of Health and Human Services, Centers for Disease Control 
and Prevention; identifying the number and location of high priority populations; 
identifying possible geographic and provider type disparities; and reviewing historical 
demand patterns. 
3. Confidentiality. Infonnation obtained by the department under this section is 
confidential and may not be disclosed by the department except that the department may 
provide information obtained under this section to a licensed health care provider or 
facility located in the State in order to facilitate access to influenza immunizing agents for 
patients of that licensed health care provider or facility that are residents of the State. 
4. Rules. The department shall adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defmed in Title 5, chapter 375, 
subchapter 2-A. 
Emergency clause. In view of the emergency cited in the preamble, this Act takes 
effect when approved. 
SUMMARY 
This bill is submitted by the Joint Standing Committee on Health and Human 
Services pursuant to Joint Order 2006, H.P. 1488. The bill requires manufacturers and 
distributors of influenza immunizing agents to report information on the distribution of 
influenza immunizing agents in the State to the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention. The bill requires the 
manufacturers and distributors to report the infonnation every 2 weeks during influenza 
season and on a monthly basis thereafter. It also specifies the type of infonnation they 
must report. The bill requires the Department of Health and Human Services to estimate 
the supply and demand for influenza immunizing agents at the beginning of each 
influenza season. The bill designates infonnation collected on immunizing agent ordering 
and distribution as confidential and authorizes the department to adopt certain releases by 
the department in order to facilitate access to immunizing agents for Maine residents. 
The bill authorizes the department to adopt routine technical rules and takes effect upon 
approval. 
FISCAL NOTE REQlJlRlg! 
(See attach",,), 
• 
Approved: 04/07/06 ;t;?'ac:.. 
LD ;L J ot,z; 
LR 3266(01) 
An Act to Address Potential Shortages of Influenza Immunizing Agents in Maine 
Fiscal Detail and Notes 
Fiscal Note for Committee Bill 
Committee: Health and Human Services 
Fiscal Note Required: No 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Maine Center for Disease Control and Prevention in the Department of Health and Human 
Services in implementing this bill can be absorbed by the department utilizing existing budgeted resources. 
LR3266(l) - Fiscal Note - Page 1 of 1