Gov. Kemp issues order allowing pharmacists & nurses to give COVID vaccine under protocol agreement

Georgia Gov. Brian Kemp has issued an executive order that 1) authorizes pharmacists and nurses to administer a COVID-19 vaccination under a protocol agreement with a physician as long as it is administered in a manner that is consistent with Advisory Committee on Immunization Practices (ACIP) guidelines and 2) allows pharmacists and nurses to monitor patients after they have received a COVID-19 vaccination and 3) allows pharmacists and nurses to administer a COVID vaccination to patients while the patient is in their vehicle.

These provisions will remain in effect until the Public Health State of Emergency ends.

MAG Legal Counsel Bethany Sherrer points out that, “This conflicts with the HHS amendments to the Declaration under the Public Readiness and Emergency Preparedness Act (PREP Act), which allows pharmacists, pharmacy interns, and pharmacy techs to administer vaccines – including the COVID-19 vaccine – in that the HHS amendment does not require a protocol agreement. This is important because the federal law preempts state action (e.g., Gov. Kemp’s executive order) for the duration of the federal state of emergency.”

Contact Sherrer at bsherrer@mag.org with questions.

Gov. Kemp’s executive order

HHS Expands Access to Childhood Vaccines during COVID-19 Pandemic

Guidance for PREP Act Coverage for Qualified Pharmacy Technicians and State-Authorized Pharmacy Interns for Childhood Vaccines, COVID-19 Vaccines, and COVID-19 Testing