US Dept of Health and Human Services extends (PREP) Act Declaration for Medical Countermeasures Against COVID-19

Posted on

December 11, 2024

The Department of Health and Human Services (HHS) has extended the Public Readiness and Emergency Preparedness (PREP) Act Declaration for Medical Countermeasures Against COVID-19 until December 31, 2029. This extension continues liability immunity for the manufacture, distribution, administration, and use of specific medical countermeasures related to COVID-19. The amendment is effective as of January 1, 2025.

Key Details:

  • Extension Period: The PREP Act Declaration now extends through December 31, 2029.
  • Effective Date: The amendment takes effect on January 1, 2025.
  • Scope:
    • Provides liability immunity to covered persons against claims of loss related to the administration or use of designated medical countermeasures, except in cases of willful misconduct.
    • Authorizes state-licensed pharmacists to order and administer certain vaccines and authorizes pharmacy interns and qualified pharmacy technicians to administer certain vaccines, when specified requirements are met.
    • Authorizes state-licensed pharmacists to order and administer certain point-of-care tests and authorizes pharmacy interns and qualified pharmacy technicians to administer certain point-of-care tests, when specified requirements are met.
  • Reason for Extension: Despite the public health emergency for COVID-19 ending on May 11, 2023, HHS has determined there remains a credible risk that COVID-19 may again pose a public health emergency in the future. This extension aims to prepare for and mitigate that risk.
  • More information: For more information, please click the linked materials below:

UPDATE 12/12/2024

The 12th Amendment allows:

Pharmacists Student Pharmacists Pharmacy technicians
COVID-19 vaccines Order & administer Administer Administer
Seasonal influenza vaccines (ages 3 and older) Order & administer Administer Administer
COVID-19 tests Order & administer Administer Administer

Pharmacists, student pharmacists, and pharmacy technicians must be licensed and/or registered according to their state board of pharmacy regulations. The 12th Amendment preempts any state law that would prohibit pharmacists, student pharmacists, and pharmacy technicians from prescribing, dispensing, or administering covered countermeasures including COVID-19 vaccines, seasonal influenza vaccines or COVID-19 tests.

Many states have passed laws to allow pharmacists, student pharmacists, and pharmacy technicians to administer COVID-19 vaccines, seasonal influenza vaccines for ages 3 and older, and administer COVID-19 tests permanently. Current vaccine authority for your state may be found here and current test and treat authorities are detailed here.

Source Citation: APhA/NASPA