The Department of Health and Human Services (HHS) extended an “emergency preparedness” declaration that protects vaccine manufacturers from liability through 2029.
HHS Secretary Xavier Beccera said that he believes COVID-19 is still a “credible risk.”
“I have determined that the spread of SARS-CoV-2 or a virus mutating therefrom and the resulting disease COVID-19 constitutes a credible risk of a future public health emergency,” he wrote in the amendment to the Declaration Under the Public Readiness and Emergency Preparedness (PREP) Act for Medical Countermeasures Against COVID–19.
“COVID-19 continues to present a credible risk of a future public health emergency,” Beccera claimed. “COVID-19 continues to cause significant serious illness, morbidity, and mortality during outbreaks. The risk of domestic cases is high due to ongoing outbreaks that continue domestically and internationally in the year since the PHE for COVID-19 ended.”
“Development of and stockpiling vaccines, therapeutics, devices, and diagnostics for COVID-19 continues to be needed for U.S. preparedness against the credible threat of a public health emergency due to outbreaks of COVID-19,” he added.
“As qualified persons, these licensed pharmacists, pharmacy interns, and qualified pharmacy technicians will be afforded liability protections in accordance with the PREP Act and the terms of this amended Declaration,” Becerra said. “To the extent that any State law would otherwise prohibit these healthcare professionals who are a ‘qualified person’ from prescribing, dispensing, or administering Covered Countermeasures that are COVID-19 vaccines, seasonal influenza vaccines or COVID-19 tests, such law is preempted.”
The notice explains that the PREP Act provides liability against claims of “loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures.”
“Covered Persons” afforded liability immunity include ‘”manufacturers,’’ ‘‘distributors,’’ ‘‘program planners,’’ ‘‘qualified persons,’’ and their officials, agents, and employees, according to the document.
A “Qualified Person” is a “licensed health professional or other individual who is authorized to prescribe, administer, or dispense such countermeasures under the law of the State in which the countermeasure was prescribed, administered, or dispensed.”
The extension comes as many have called for the COVID-19 vaccines to be suspended.
