Fifth Amendment to PREP Act Declaration expands "covered persons" to increase workforce authorized to administer COVID-19 vaccines – JD…

On January 28, 2021, the U.S. Department of Health and Human Services (HHS) issued its fifth amendment[1] to the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act) related to COVID-19 (the Declaration), entitled Fifth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID19 and Republication of the Declaration (hereinafter the Fifth Amendment).[2] This latest amendment adds additional categories of qualified persons authorized to prescribe, dispense and administer FDA-authorized, approved, or licensed COVID-19 vaccines in an effort to help states and U.S. territories meet the demand for vaccines and protect their communities as quickly as possible as vaccine supply becomes more widely available.[3] In turn, where the applicable requirements have been met (and subject to certain limitations), these additional qualified persons, as covered persons under the PREP Act, [4] will be afforded liability protections in accordance with the PREP Act and the terms of the amended Declaration.

Most notably, the Fifth Amendment:

This latest amendment is effective as of January 28, 2021.

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Fifth Amendment to PREP Act Declaration expands "covered persons" to increase workforce authorized to administer COVID-19 vaccines - JD...

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