You asked for an identification of state statutes that may be relevant and applicable to the current flu vaccine shortage.

PUBLIC HEALTH EMERGENCY LEGISLATION

The “Public Health Emergency Response Authority” legislation passed in 2003 may have some relevant provisions (the “bioterrorism act,” PA 03-236). A section of this act allows the governor to seize antitoxins, pharmaceuticals, vaccines, or other biological products during a public health or civil preparedness emergency (§ 13 of PA 03-236 amending CGS § 28-11(a)). The act defines a “public health emergency” as an “occurrence or imminent threat of a communicable disease, except sexually transmitted disease, or contamination caused or believed to be caused by bioterrorism, an epidemic or pandemic disease … that poses a substantial risk of significant number of human fatalities or incidents of permanent or long term disability” (§ 1 (8)).

A “communicable disease” is a disease or condition that can be directly or indirectly passed or carried from one person or animal to another (§ 1(4)).

DEPARTMENT OF PUBLIC HEALTH RESPONSIBILITY

Under existing law, if the Department of Public Health (DPH) finds that there is an epidemic of any disease within the state and that antitoxin or other biologic products are in short supply, the DPH commissioner must notify the governor, who may determine that an emergency exists. Upon such a determination, the governor must appoint an advisory committee consisting of the commissioner and five other people the Governor chooses. This committee must recommend to DPH the priority of the supply, distribution, and use of such biologic products in the interest of the health, welfare, and safety of the state’s people. DPH, after receiving the committee’s recommendations, can make regulations on the priority of supply, distribution, and use of the biologic product (CGS § 19a-70).

State law allows a state agency to adopt emergency regulations according to the Uniform Administrative Procedure Act (UAPA) without prior notice or hearing or with an abbreviated notice and hearing that it finds practicable if the agency finds that adopting a regulation with fewer than 30 days’ notice is required due to an imminent peril to the public health, safety, or welfare (CGS § 4-168(f)).