Ohio House Bill 6 affects changes to COVID-19 vaccine and test administration

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On May 14, 2021, Ohio Governor Mike DeWine signed House Bill (H.B.) 6 into law. The wide-ranging bill took effect immediately upon the governor’s signature. Among other topics, it includes several provisions related to COVID-19 vaccine and test administration. Several of the COVID-19 healthcare provisions of H.B. 6 harmonize Ohio law with existing practices already allowed on an emergency basis by the federal Public Readiness and Emergency Preparedness (PREP) Act and its amendments. 

Notable elements of H.B. 6 include:

  • Written parental or guardian informed consent is expressly required for the administration of a COVID-19 vaccine to a minor.
  • Pharmacists trained according to the applicable provisions in state law and appropriately trained pharmacy technicians supervised by a pharmacist may administer influenza, COVID-19, or other vaccines with a prescription to children between the ages of 7 and 13. These same individuals can also administer any vaccine to children over the age of 13.
  • Pharmacists, pharmacy interns and registered pharmacy technicians (the latter two categories must be under the supervision of a pharmacist) may administer diagnostic and antibody COVID-19 tests.
  • Students who are 17 years old who do not have a high school diploma may now register as a pharmacy technician trainee if they are enrolled in a career technical school program approved by the Board of Pharmacy. In addition, the criteria for registration of pharmacy technician trainees is expanded for out-of-state individuals and those with satisfactory work experience.
  • In addition to influenza vaccines, podiatrists may also administer COVID-19 vaccines.
  • H.B. 197 issued temporary nursing licenses under the public health emergency that did not require applicants to take the examination for licensure to practice as a RN or LPN. H.B. 6 provides that these temporary licenses will expire on July 1, 2021, and imposes additional eligibility requirements for new applicants as well as current temporary license holders.

The Ohio Board of Pharmacy, Ohio Board of Nursing and other applicable regulatory bodies may release related regulations in the future to implement the provisions of H.B. 6.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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