An Act To Establish the Vaccine Consumer Protection Program
Maine Legislature, Session 129, LD 1616
Committee Amendment CA_A_H405 (House)

COMMITTEE AMENDMENT ,JI-,, to H.P. 1168, L.D. 1616, Bill, "An Act To 
Establish the Vaccine Consumer Protection Program" 
Amend the bill in section 1 in § 1071 in subsection 4 in paragraph G in subparagraph 
(2) in the last line (page 3, line 17 in L.D.) by striking out the following: "and" 
Amend the bill in section 1 in § 1071 in subsection 4 in paragraph H in subparagraph 
(10) in the last line (page 4, line 10 in L.D.) by striking out the following: ".,_" and 
inserting the following:'; and' 
Amend the bill in section 1 in § 1071 in subsection 4 by inserting at the end a new 
paragraph to read: 
'I. Review the forms submitted to the office under section 1082 and submit a report 
annually to the joint standing committee of the Legislature having jmisdiction over 
health and human services matters regarding information received on the forms and 
any trends.' 
Amend the bill in section 1 by striking out all of§ 107 4 and inserting the following: 
'§1074. Vaccine death investigations 
1. Authority to investigate. Upon the request of the next of kin of the deceased 
person. the office shall investigate a death that is suspected to have been caused by the 
administration of a vaccine. 
2. 
Review of medical records. 
The office may have access to health care 
information of a deceased person upon the completion of an appropriate release by the 
next of kin of the deceased person. "Health care information" has the same meaning as in 
section 1711-C. subsection 1. paragraph E. Health care information obtained under this 
section is confidential. is not a public record as defined in Title 1, section 402, subsection 
and may not be made available for inspection by the public. 
3. 
Interviews. 
The office may conduct voluntary interviews with the family, 
medical providers of the deceased person upon the completion of an appropriate release 
COMMITTEE AMENDMENT 
. _i 
COMMITTEEAMENDMENTA"toH.P.1168,L.D.1616 
by the next of kin of the deceased person or any other individual involved in the deceased 
person's care and health. 
4. Report. The office shall provide the next of kin of a deceased person under 
subsection 1 a detailed report regarding the investigation. The office shall post~ on a 
publicly accessible website its report after removing all personally identifying 
information of the deceased person.' 
Amend the bill in section 1 by inserting after § 1081 the following section to read: 
'§1082. Form regarding recent vaccinations 
A health care provider who provides primary care to a child under 18 years of age 
shall provide to the parent, guardian or custodian of the child a form for the parent, 
guardian or custodian to complete. The form must include a request for the child's most 
recent immunization and the date of that immunization. A parent, guardian or custodian 
must complete the form to the best of the parent's, guardian's or custodian's ability. The 
provider shall remove the personally identifying information of the child from the form 
and submit it to the office.' 
Amend the bill in section 1 to renumber the sections to read consecutively. 
Amend the bill by adding after section 1 the following: 
'Sec. 2. PL 2019, c. 154 is repealed.' 
Amend the bill by adding after section 3 the following: 
'Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF 
Maine Center for Disease Control and Prevention 0143 
Initiative: Provides funding for one Public Service Manager II position to be the vaccine 
injury ombudsman, who receives and investigates vaccine injury complaints. 
GENERAL FUND 
2019-20 
2020-21 
POSITIONS - LEGISLATNE COUNT 
1.000 
1.000 
Personal Services 
$106,018 
$110,247 
All Other 
$10,646 
$10,646 
GENERAL FUND TOTAL 
$116,664 
$120,893 
Maine Center for Disease Control and Prevention 0143 
Initiative: Provides funding for one Public Health Physician position to establish 
treatment guidelines and standards for health care practitioners and work with medical 
boards, the American Academy of Pediatrics and other associations to change routine 
practice for administering vaccinations. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 1168, L.D. 1616 
GENERAL FUND 
2019-20 
2020-21 
POSITIONS - LEGISLATIVE COUNT 
1.000 
1.000 
Personal Services 
$158,869 
$165,444 
All Other 
$10,646 
$10,646 
GENERAL FUND TOTAL 
$169,515 
$176,090 
Maine Center for Disease Control and Prevention 0143 
Initiative: Provides funding for one Planning and Research Associate II position to write 
policies, write manuals, write a state vaccine information statement sheet, facilite 
continuing education and vaccine safety training every 3 years and provide a forum on 
vaccine adverse events twice per year and perform many other tasks. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Maine Center for Disease Control and Prevention 0143 
2019-20 
1.000 
$79,558 
$10,646 
$90,204 
2020-21 
1.000 
$82,355 
$10,646 
$93,001 
Initiative: Provides funding for one Health Program Manager position to oversee the daily 
operations of the Vaccine Consumer Protection Program and ensure its implementation. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Maine Center for Disease Control and Prevention 0143 
2019-20 
2020-21 
1.000 
1.000 
$94,491 
$98,111 
$10,646 
$10,646 
$105,137 
$108,757 
Initiative: Provides funding for one Office Associate II position for administrative 
support of the Vaccine Consumer Protection Program. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Maine Center for Disease Control and Prevention 0143 
2019-20 
1.000 
$64,177 
$10,646 
$74,823 
COMMITTEE AMENDMENT 
2020-21 
1.000 
$66,359 
$10,646 
$77,005 
COMMITTEE AMENDMENT "A" to H.P. 1168, L.D. 1616 
Initiative: Provides funding for contracts to prepare and complete the 2 annual forums 
required under the Vaccine Consumer Protection Program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Maine Center for Disease Control and Prevention 0143 
2019-20 
$20,000 
$20,000 
2020-21 
$20,000 
$20,000 
Initiative: Provides one-time funding for the development of a Vaccine Consumer 
Protection Program database and website and annual ongoing funding to host the 
database. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
2019-20 
$31,445 
$31,445 
2019-20 
$607,788 
$607,788 
2020-21 
$5,000 
--
$5,000 
2020-21 
$600,746 
$600,746 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, clarifies the 
activities of the Vaccine Consumer Protection Office in investigating a death that is 
suspected to have been caused by the administration of a vaccine. It also requires a 
health care provider who provides primary care to a child under the age of 18 to provide 
to the parent, guardian or custodian of the child a form for the parent, guardian or 
custodian to complete requesting the child's most recent immunization and the date of 
that immunization and requires the health care provider to remove the personally 
identifying information of the child from the form and submit it to the Vaccine Consumer 
Protection Office. The Vaccine Consumer Protection Office is directed to submit a report 
annually to the joint standing committee of the Legislature having jurisdiction over health 
and human services matters regarding information received on the f01ms and any trends. 
The amendment also repeals Public Law 2019, chapter 154, "An Act To Protect Maine 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT'A"toH.P.1168,L.D.1616 
Children and Students from Preventable Diseases by Repealing Certain Exemptions from 
the Laws Governing Immunization Requirements." 
The amendment retains the provisions in the bill that establish the Vaccine Consumer 
Protection Program; establish treatment and administration guidelines for vaccines; 
specify a health care provider's rights to refuse to administer a vaccine and a patient's 
right to refuse a vaccine; prohibit incentives to administer vaccines, vaccine 
administration without a prescription and vaccine prescription by standing order; require 
an annual report on adverse event reports; provide for religious and medical exemptions; 
add the vaccine injury table to a provider reference manual; and require health care 
provider licensing boards to amend their rules to conform to the provisions in the bill, 
among other provisions. 
The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Approved: 05/25/19 .wac.. 
LD 1616 
LR 1276(02) 
An Act To Establish the Vaccine Consumer Protection Program 
Fiscal Note for Bill as Amended by Committee Amendment'~' {H-L/05) 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY 2020-21 
$607,788 
$600,746 
Projections 
FY 2021-22 
$620,608 
Projections 
FY 2022-23 
$641,738 
Appropriations/ Allocations 
General Fund 
$607,788 
$600,746 
$620,608 
$641,738 
Fiscal Detail and Notes 
The bill includes General Fund appropriations to the Department of Health and Human Services of $607,788 in fiscal 
year 2019-20 and $600,746 in fiscal year 2020-21 foi' one Public Service Manager II position, one Public Health 
Physician position, one Planning and Research Associate II position, one Health Program Manager position and one 
Office Associate II position to run the new program. Additionally, the funding provides for contracts to prepare and 
complete the 2 annual forums and the development of a database and website and on-going funding to host the 
database. 
Additional costs to the licensing boards within or affiliated with the Department of Professional and Financial 
Regulation that are responsible for the licensing of a health care provider associated with the rulemaking process can 
be absorbed within existing budgeted resources 
LR1276(02) - Fiscal Note - Page 1 of 1