PRINTER'S NO. 1328
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1237
Session of
2023
INTRODUCED BY JOZWIAK, STAATS, M. MACKENZIE, SMITH, HAMM, JAMES,
M. JONES, KAUFFMAN, ROWE, GLEIM, ZIMMERMAN AND KEEFER,
MAY 24, 2023
REFERRED TO COMMITTEE ON HEALTH, MAY 24, 2023
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
executive and administrative work of the Commonwealth by the
Executive Department thereof and the administrative
departments, boards, commissions, and officers thereof,
including the boards of trustees of State Normal Schools, or
Teachers Colleges; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; providing for the appointment of
certain administrative officers, and of all deputies and
other assistants and employes in certain departments, boards,
and commissions; providing for judicial administration; and
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in powers and duties of the Department of Health
and its departmental administrative and advisory boards,
further providing for Advisory Health Board; and abrogating a
regulation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2111 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929, is
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amended to read:
Section 2111. Advisory Health Board.--The Advisory Health
Board shall have the power, and its duty shall be as follows:
(a) To advise the Secretary of Health on such matters as
[he] the Secretary of Health may bring before it[;].
(b) To make such reasonable rules and regulations, not
contrary to law, as may be deemed by the board necessary for the
prevention of disease, and for the protection of the lives and
health of the people of the Commonwealth, and for the proper
performance of the work of the Department of Health, and such
rules and regulations, when made by the board, shall become the
rules and regulations of the department[;].
(c.1) [The] In accordance with subsections (e) and (f), the
Advisory Health Board shall make and from time to time revise a
list of such communicable diseases against which children shall
be required to be immunized as a condition of attendance at any
public, private, or parochial school, including any kindergarten
or prekindergarten program or child care group setting located
in or operated by the school, in the Commonwealth. Such list
shall be promulgated by the Secretary of Health along with such
rules and regulations as may be necessary to insure that such
immunization be timely, effective and properly verified[;].
(d) To prescribe minimum health activities and minimum
standards of performance of health services for counties or
other political subdivisions.
(e) The Advisory Health Board may not revise the list of
communicable diseases under subsection (c.1) to include a
communicable disease for which a vaccination has not been fully
approved for use under Federal law. A vaccination that only has
received emergency use authorization, conditional approval or
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any other authorization less than full approval under Federal
law may not be deemed to be fully approved under this
subsection.
(f) The Secretary of Health may not promulgate rules and
regulations under this section or section 2102(g) (relating to
general health administration) for a communicable disease for
which a vaccination has not been fully approved for use under
Federal law. A vaccination that only has received emergency use
authorization, conditional approval or any other authorization
less than full approval under Federal law may not be deemed to
be fully approved under this subsection.
Section 2. The provisions of 28 Pa. Code ยง 23.83(b)
(relating to immunization requirements) are abrogated insofar as
they are inconsistent with the amendment of section 2111 of the
act.
Section 3. This act shall take effect immediately.
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