Illinois, Iowa, Michigan, and Minnesota do not have the same equivalent to Chapter DHS 146 administrative rule purchasing authority. However, there are similar provisions in the states that are relevant to the authority of those states to purchase vaccines. Illinois:
General state departments within Illinois do contain certain state healthcare purchasing functions, which would include vaccine purchasing. 15 Ill. Comp. Stat. Ann. 16/15. Iowa:
The Iowa Department of Public Health is authorized to purchase vaccines to prepare for or to control a public health disaster. “The department may purchase and distribute antitoxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents or medical supplies as deemed advisable in the interest of preparing for or controlling a public health disaster.” Iowa Code Ann. § 135.142(1). Also, Iowa’s Executive Council may approve requests from the Department of Public Health to authorize payments regarding the purchase of vaccines. “The executive council shall receive requests from the Iowa department of public health relative to the purchase, storing, and distribution of vaccines and medication for prevention, prophylaxis, or treatment. Upon review and after compliance with subsection 2, the executive council may approve the request and may authorize payment of the necessary expense. The expense authorized by the executive council under this subsection shall be paid from the appropriations referred to in subsection 1.” Iowa Code Ann. § 7D.29(3). Michigan:
The Michigan Department of Health and Human Services can purchase pharmaceutical products and provide to local health departments at no cost. ”The department may develop, produce, purchase, and receive by gift pharmaceutical, biologic, and diagnostic products and by-products for human, veterinary, or agricultural use. . . . The department shall provide and distribute these products and by-products at no cost upon request of local health departments, hospitals, or physicians for use within this state if considered necessary by the department to protect the public health.” Mich. Comp. Laws Ann. § 333.9111. Minnesota:
The Minnesota Department of Health has authority to purchase vaccines generally through the Commissioner of Health. “The commissioner of health, in preparation for and in carrying out the duties of sections 144.05, 144.4197, and 144.4198, may purchase, store, and distribute antituberculosis drugs, biologics, vaccines, antitoxins, serums, immunizing agents, antibiotics, antivirals, antidotes, other pharmaceutical agents, and medical supplies to treat and prevent communicable disease.” Minn. Stat. Ann. § 151.37. Summary of factual data and analytical methodologies
The department relied on the following sources to draft the proposed rule:
A. Pickering LK, ed. Red Book: 2015 Report of the Committee on Infectious Diseases. 30th ed. Elk Grove Village, IL: American Academy of Pediatrics, 2015.
B. Heymann DL, ed. Control of Communicable Diseases Manual. 20th ed. Washington, DC: American Public Health Association, 2015.
C. Centers for Disease Control and Prevention. Epidemiology and Prevention of Vaccine-Preventable Diseases. Hamborsky J, Kroger A, Wolfe S, eds. 13th ed. Washington D.C. Public Health Foundation, 2015.
The department formed an Advisory Committee consisting of representatives from the Wisconsin Department of Public Instruction, Wisconsin Chapter of the American Academy of Pediatrics, Wisconsin Department of Health Services Medicaid Program, Wisconsin Association of Local Health Departments and Boards, Wisconsin Academy of Family Physicians, Wisconsin Association of School Nurses, Wisconsin Medical Society, and Pharmacy Society of Wisconsin. Proposed rule revision language was drafted based on the recommendations of this committee.
Analysis and supporting documents used to determine effect on small business
None, the proposed rule only affects the department, pending an economic impact analysis.
Effect on small business
Revisions to ch. DHS 146 are expected to have no impact on small businesses, pending an economic impact analysis. Agency contact person
Stephanie Schauer
608-264-9884
Statement on quality of agency data
The data sources referenced and used to draft the rules and analyses are accurate, reliable, and objective and are discussed in the “Summary of factual data and analytical methodologies.”
Place where comments are to be submitted and deadline for submission
RULE TEXT
SECTION 1. DHS 146.03 and (Note) are repealed and recreated to read:
DHS 146.03 Vaccine-preventable diseases. All of the following are vaccine-preventable diseases for purposes of the statewide immunization program under s. 252.04 (1), Stats., including for purposes of purchasing and distributing vaccines without charge under s. 252.04 (8), Stats.: (1) Diphtheria.
(2) Haemophilus influenzae type b.
(3) Hepatitis A.
(4) Hepatitis B.
(5) Human Papilloma Virus.
(6) Influenza.
(7) Measles.
(8) Meningitis.
(9) Mumps.
(10) Pertussis (whooping cough).
(11) Pneumococcal.
(12) Poliomyelitis.
(13) Rabies.
(14) Rotavirus.
(15) Rubella (German measles).
(16) Tetanus.
(17) Varicella (chickenpox).
(18) Zoster (shingles).
DHS 146.03 NoteNote: This is not the list of diseases for which immunizations are required as a condition of admission to an elementary, middle, junior high or senior high school or a childcare center. See ch. DHS 144 for those requirements. SECTION 2. DHS 146.04 (2) (Note) is amended to read:
Note: Contact the Wisconsin Immunization Program at 608-267-9959 for vaccine requests. A request for vaccines should be sent to Immunization Program, Division of Health, P.O. Box 309, Madison, WI 53707-0309.
SECTION 3. EFFECTIVE DATE: This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22(2), Stats.
