In the event of an existing or threatened influenza vaccine shortage due to an abnormal market disruption or other extraordinary adverse circumstance, the Governor may issue an executive order proclaiming that an influenza vaccine shortage exists. Prior to issuing such a proclamation, the Governor shall consult with the State Health Commissioner. An executive order proclaiming that an influenza vaccine shortage exists shall not be issued unless the Governor determines that:

Terms Used In Virginia Code 59.1-534

  • Influenza vaccine: means a vaccine, intended to be administered by injection, that contains inactivated influenza viruses, that is prepared for the applicable influenza season. See Virginia Code 59.1-533
  • State: when applied to a part of the United States, includes any of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, and the United States Virgin Islands. See Virginia Code 1-245

1. The amount of influenza vaccine available for administration in the Commonwealth is not reasonably sufficient to provide influenza vaccinations to those persons residing in the Commonwealth who are in primary target groups recommended for annual influenza vaccination in accordance with the most recently available recommendations of the Advisory Committee on Immunization Practices of the federal Department of Health and Human Services’ Centers for Disease Control and Prevention; and

2. Price gouging with respect to influenza vaccine is occurring or is likely to occur as the proximate result of the influenza vaccine shortage.

2005, c. 861.