Health Update
NEW COVID-19 VACCINATION ORDER AND UPDATED SUMMARY OF REQUIREMENTS

The Delaware Division of Public Health (DPH) is issuing this health update to provide the health care community with information on a second DHSS order for COVID-19 vaccination providers, and as a result an update to the Summary of Requirements document shared in the morning of Feb. 25. 

Background

DPH Director Dr. Karyl Rattay, on behalf of the Department of Health and Social Services, signed an order on Feb. 25, requiring that all health care providers administering COVID-19 vaccination in Delaware report daily vaccine inventory in VaccineFinder. Failure to comply with this order will result in a fine as authorized by 16 Del. C. 107(a). Repeated failure to comply with this order may result in the cessation of vaccine distribution to the noncompliant provider.

Summary

Below is an updated summary of requirements for health care providers:

• Reporting Vaccination Administrations – Health care providers or other vaccinating providers who administer immunizations shall report information about the immunization and the person to whom it was given, to DelVAX within 24 hours of administering the dose. Information reported must include the vaccinated person’s date of birth, address, phone number, race, ethnicity, date of vaccination, lot number and manufacturer of the vaccine administered, and other information as specified in the Delaware Immunization Information System. (Note: The Division of Public Health emphasizes the importance of recording race and ethnicity in order to evaluate efforts to vaccinate underserved populations. Race and ethnicity need to be complete and accurate. Continued provision of additional vaccine will be contingent upon compliance with data reporting requirements.)
• Reporting Vaccine Inventory - The health care/vaccination provider must report daily vaccine inventory in VaccineFinder (https://vaccinefinder.org/covid-providerresources/)
• Reporting unused Vaccine – The health care/vaccination provider must report the number of doses of COVID-19 vaccine and adjuvants that were unused, spoiled, expired, or wasted. (Note: The Division of Public Health suggests that providers should have plans in place for how to handle unused vaccine.)
• Requirements for Reporting Adverse Events – Health care/vaccination providers must report any adverse events following vaccination to the Vaccine Adverse Event Reporting System (VAERS) (1-800-822-7967 or http://vaers.hhs.gov/contact.html).
• Administering Vaccine to Priority Populations - Vaccinations shall be made available only to persons who meet current criteria for (https://coronavirus.delaware.gov/vaccine/). Exceptions are authorized for the purpose of preventing waste or spoilage of vaccine only if vaccine has already been constituted for injection and the vaccinator is unable to locate any person who meets the current criteria and is willing to receive vaccination.
• 2nd Dose Administration – Health care/vaccination providers shall administer the second dose of a two-dose series to persons who received a first dose from said 2 provider, if requested. Administration of the second dose shall be a higher priority than administration of a first dose to an unvaccinated person, if vaccine is of insufficient supply to accomplish both. Health care/vaccination providers shall also be required to administer a second dose to patients of record who have been administered the first dose by a different provider. Health care/vaccination providers shall order sufficient second doses for these purposes. However, if vaccine supply is insufficient, no provider shall be penalized for failure to follow these requirements. (Note: The Division of Public Health recommends that providers schedule the second dose at the time of the first dose, while recognizing that appointments may be rescheduled if supply is inadequate.)
• Equitable Access and Ability to Pay – Health care/vaccination providers are prohibited from denying administration of a COVID-19 vaccination for reasons of race, color, gender, ethnicity, disability, national origin, age, or any other protected status. Further, health care/vaccination providers must make vaccinations available regardless of a person’s ability to pay, type of health insurance, administration fees, or participation in a particular provider or network. While providers may seek reimbursement from a health insurance plan, they may not seek any out-of-pocket costs from the vaccine recipient.
• Complaints — Complaints regarding conformity to these requirements can be emailed to hspcontact@delaware.gov. Any health care provider who intentionally or willfully provides or distributes, or who supervises someone who intentionally or willfully provides or distributes the COVID-19 vaccine to any individual who is not authorized to receive such vaccine pursuant to the Vaccination Guidance is guilty of unprofessional conduct as that term is defined in Title 24 and may be subject to licensure discipline. Complaints regarding such conduct should be made to the Division of Professional Regulation at https://delpros.delaware.gov/OH_FileComplaint.

Additional Information

• COVID-19 Vaccination Requirements For Health Care/Vaccination Providers Issued By the State of Delaware: https://coronavirus.delaware.gov/wp-content/uploads/sites/177/2021/02/Vaccination-Requirements_2.25.21.pdf
• Order of the Department of Health and Social Services: https://coronavirus.delaware.gov/wp-content/uploads/sites/177/2021/02/VaccineFinder-Order-02.25.21.pdf