On December 7, 2020, Connecticut Governor Ned Lamont signed Executive Order No. 9Q (the “Order”) in anticipation of the approval of COVID-19 vaccines. The Order addresses and expands COVID-19 vaccine administration, establishes flu vaccine reporting requirements for pharmacists, and limits out-of-network charges for administration of authorized COVID-19 vaccines. Specifically, the Order:

• Modifies Connecticut law governing the administration of vaccines to adults by licensed pharmacists to allow pharmacists to administer: (i) a COVID-19 vaccine that is approved or authorized by the Food and Drug Administration (FDA), to adults; (ii) a COVID-19 vaccine that is approved or authorized by the FDA for use in patients over the age of ten to such minor patients over the age of ten; and (iii) an influenza vaccine approved by the FDA for use in patients over the age of ten to such patients over the age of ten. The Order notes that pharmacists are only allowed to administer such vaccines pursuant to an order by a licensed health care provider and in accordance with applicable regulations governing vaccine administration by pharmacists.

• Requires a pharmacist who administers an influenza vaccine to a minor patient to order and report electronically information about the administration of the vaccine to the immunization registry if the vaccine is obtained through the Connecticut Vaccine Program.

• Requires every hospital, health system, hospital-based facility, other health care provider, pharmacist or pharmacy, and any other licensed person administering an authorized COVID-19 vaccine to a patient covered by any health insurance policy with which the provider does not have a contract for a negotiated rate – i.e., any out-of-network plan – to accept the amount that would be paid under Medicare for administration of the vaccine as payment in full from the applicable health plan/policy.

The Order is effective immediately and will remain in effect for the duration of the civil preparedness and public health emergency unless rescinded or modified by Governor Lamont.

In furtherance of the Order, the Acting Commissioner of the Connecticut Department of Public Health (DPH) also issued an order (the “DPH Order”) in anticipation of the approval of COVID-19 vaccines that authorizes additional practitioners to administer COVID-19 vaccines.  The DPH Order:

• Authorizes any podiatrist, dentist, dental hygienist with training to administer anesthesia, veterinarian, advanced emergency medical technician, emergency medical technician with intramuscular epinephrine administration training, and any paramedic who is licensed to practice in Connecticut to administer COVID-19 vaccines. These individuals will need to have completed an approved vaccination training program, submit the certificate of completion for such training to the COVID-19 vaccine provider utilizing the individual to administer vaccines, and a health care professional must be present at the site where the individual administers vaccines.

• Modifies Connecticut law governing emergency medical services to allow emergency medical technicians, advanced emergency medical technicians, and paramedics who are authorized to administer COVID-19 vaccines under the DPH Order to do so outside of an emergency medical services system.

The DPH Order is effective immediately and will remain in effect for the duration of the civil preparedness and public health emergency unless earlier rescinded or modified.

This post was co-authored by Michael Lisitano, Law Clerk at Robinson+Cole. Michael is not yet admitted to practice law.