An Act To Enact the Vaccine Consumer Protection Program
Maine Legislature, Session 127, LD 1076
Committee: Health and Human Services
Sponsors: O'CONNOR, MASON, FOLEY, MALABY, SANDERSON, SIROCKI, VACHON
Amends: 22 MRSA §1067

Legislative Document 
No. 1076 
H.P. 739 
House of Representatives, March 24, 2015 
An Act To Enact the Vaccine Consumer Protection Program 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative O'CONNOR of Berwick. 
Cosponsored by Senator MASON of Androscoggin and 
Representatives: FOLEY of Wells, MALABY of Hancock, SANDERSON of Chelsea, 
SIROCKI of Scarborough, VACHON of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1067 is enacted to read: 
§1067.  Vaccine Consumer Protection Program 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Health care provider" means a physician, nurse, clinic, hospital or other entity 
licensed by this State to provide health care services that administers vaccines. 
B.  "Office" means the Vaccine Consumer Protection Office established in this 
section. 
C.  "Program" means the Vaccine Consumer Protection Program established in this 
section. 
D.  "Vaccine Injury Table" means the Vaccine Injury Table of covered vaccines and 
associated injuries established by 42 Code of Federal Regulations, Section 100.3 
(2000). 
2.  Program established.  The Vaccine Consumer Protection Program is established 
within the department.  The Vaccine Consumer Protection Office is established within the 
department to carry out the purposes of the program. 
3.  Services.  Under the program, the office must provide information about vaccine 
injuries and immunizations to health care providers and the public. 
The office shall establish and implement procedures to: 
A.  Promote public awareness of the Vaccine Injury Table through development and 
implementation of an educational outreach program that provides, at a minimum, the 
information contained in the Vaccine Injury Table to any individual in the State who 
requests information related to vaccine injuries or immunizations; 
B.  Educate health care providers on the contents of the Vaccine Injury Table to help 
providers better screen for and diagnose adverse events caused by vaccines; 
C.  Require health care providers to use vaccine package inserts that describe the 
warnings, precautions and adverse reactions potentially caused by a particular 
vaccine during the screening and diagnosing of an illness, disability, injury or adverse 
condition caused by vaccines; 
D.  Write and publicize a Maine Vaccine Information Statement.  The statement must 
include evidence-based information about vaccines and their potentially adverse side 
effects, inform patients about their right to opt out of vaccine requirements based on 
religious and philosophical grounds and offer a step-by-step explanation about how to 
pursue legal recourse if an individual suspects a vaccine injury has occurred.  When 
drafting the statement, the department shall consult with nationally recognized 
vaccine safety advocates and the families of Maine children who have been injured 
by vaccines. 
E.  Investigate potential vaccine injuries; 
F.  Evaluate vaccine injury claims; 
G.  Review instances of potential coercion by health care providers related to the 
issuance of a vaccine and require health care providers who are suspected of coercion 
to retract any inaccurate statements or face discipline by the applicable professional 
licensing entity; 
H.  Educate health care providers about the processes for handling vaccine injury 
claims that are brought against their practice; 
I.  Provide individuals with referrals to health care providers that treat vaccine 
injuries and to attorneys that handle claims related to vaccine injuries; and 
J.  Recoup funds that are spent on vaccine injury cases under the MaineCare Program 
established under chapter 855. 
4.  Rules.  The department shall adopt rules to implement this section.  Rules adopted 
pursuant to this subsection are major substantive rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
5.  Repeal.  Upon the repeal of the National Childhood Vaccine Injury Act of 1986, 
United States Code, Sections 300aa-1 to 300aa-34, the department shall submit 
legislation repealing this section. 
Sec. 2.  Reference Manual.  The Department of Health and Human Services shall 
add the Vaccine Injury Table of covered vaccines and associated injuries established by 
Code of Federal Regulations, Section 100.3 (2000) to the Maine Immunization 
Program's Provider Reference Manual created by the department's division of infectious 
disease within the Maine Center for Disease Control and Prevention. 
SUMMARY 
This bill establishes the Vaccine Consumer Protection Program within the 
Department of Health and Human Services and describes the services provided under the 
program.