HHS Expands the Types of Providers That Can Vaccinate

HHS amended the PREP Act Declaration for the 7th time on March 11, 2021, to boost the number of COVID-19 vaccinators. Through the amendment, HHS expanded the personnel who are authorized to prescribe, dispense, and administer COVID-19 vaccines to include those licensed or certified in any state as dentists, midwives, optometrists, paramedics, physician assistants, podiatrists, respiratory therapists and veterinarians. This is in addition to physicians, advanced practice registered nurses, registered nurses, practical nurses, pharmacists, pharmacy interns and midwives that were already authorized. The list in HHS's press release also includes "EMTs", but it is important to recognize that HHS meant advanced and intermediate EMTs rather than basic life support EMTs.

HHS is also including those that have been licensed or certified in the past five years in one of the above professions in any state, even if currently inactive, lapsed, or expired, as well as current students in any of the professions listed above (e.g. medical students, nursing students, veterinary students, paramedic students, etc.) provided the students are supervised.

The PREP Act preempts state licensure/certification requirements in the sense that the state or local government cannot limit the types of providers authorized under the PREP Act declaration; however, as stated in the PHE Fact Sheet, "[r]equirements that do not effectively prohibit qualified persons, such as additional training, are not preempted.” See Fact Sheet

Although the PREP Act Declaration Amendment authorizes use of a wide range of personnel, it is still extremely important that entities providing vaccines to the public ensure that their personnel meet the requirements under the Prep Act Amendment (e.g. current BLS CPR certification, CDC Vaccine Training) as well as any additional requirements imposed by the state or local government.

Please find more information at the following links:

• HHS March 12, 2021 Press Release
• Public Health Emergency Website for Vaccinators 
• PREP Act Declarations and Amendments