NC lawmakers wanted to make COVID shots easier to get. Why the law they passed did the opposite :: WRAL.com

COVID-19 is showing up more in our wastewater, signaling a growing number of infections across the state. This, after a confusing month of who can and cannot get the vaccine.

WRAL Investigates found out the state law that kept people from getting the shot was actually meant to expand vaccine access. So we went to the people in charge to find out what’s being done to fix this unforeseen fallout.

Until the state stepped in earlier this month, pharmacists were forced to turn people away from getting their COVID-19 vaccine if they didn’t have a prescription.

It was because of the Pharmacy Practice Act, which says pharmacists can administer “vaccines recommended by the Advisory Committee on Immunization Practices.”

The Advisory Committee on Immunization Practices (ACIP) develops recommendations for who should receive vaccines, at what ages people should be vaccinated and the appropriate doses.

The ACIP has up to 20 voting members — independent medical and public health experts — who are not working for the CDC. Members are appointed by the Secretary of Health and Human Services.

After pharmacists stepped up during the height of the COVID pandemic, the North Carolina legislature in 2023 wanted to expand pharmacists’ ability to administer vaccines. Instead of listing out every vaccine in the law, they broadened it, writing “ACIP-recommended” vaccines.

But in June, HHS Secretary Robert F. Kennedy Jr. removed all members of the ACIP and replaced them with his picks. This delayed ACIP’s COVID vaccine review until late September. Without their recommendation, the law that was supposed to expand access in the state ended up restricting it.

When the panel did meet, it declined to recommend COVID-19 vaccines and said that people could make individual decisions. That effectively keeps the COVID vaccine off the ACIP recommendation list and out of the hands of North Carolina pharmacists.

Jay Campbell, executive director of the North Carolina Board of Pharmacy, said the legislature could change the law to add different vaccine recommendations from other bodies, like the American Academy of Pediatrics.

WRAL sent emails to every lawmaker in leadership on the state senate and house health care committees. We asked:

  • What considerations have been made by the health committee to remove or amend the rule that forbids pharmacists from administering vaccines that aren’t recommended by ACIP?
  • What is your position on this rule being enshrined in state law?
  • If you could make changes to vaccine policy in our state, what changes would they be?

Not a single lawmaker answered those questions. 

Other states are already changing their vaccine laws. Hawaii, Washington, California and Oregon have created the West Coast Health Alliance to provide unified recommendations on immunizations. Similar efforts are being made in the Northeast.

More on COVID vaccine access

No prescription required: CDC advisers recommend patients consult with doctor before COVID shot

NC becomes latest state to make COVID vaccines available without prescription

Fact check: RFK Jr. said ‘everybody’ can get the COVID-19 vaccine.


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