From the U.S. House of Representatives Downloadable U.S. Code
[uscode.house.gov]
[Laws in effect as of January 5, 1999]
[CITE: 42USC300aa-25]
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XIX - VACCINES
Part 2 - National Vaccine Injury Compensation Program
subpart c - assuring a safer childhood vaccination program in
united states
.
-HEAD-
subpart c - assuring a safer childhood vaccination program in
united states
-CITE-
42 USC Sec. 300aa-25 01/05/99
-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 6A - PUBLIC HEALTH SERVICE
SUBCHAPTER XIX - VACCINES
Part 2 - National Vaccine Injury Compensation Program
subpart c - assuring a safer childhood vaccination program in
united states
-HEAD-
Sec. 300aa-25. Recording and reporting of information
-STATUTE-
(a) General rule
Each health care provider who administers a vaccine set forth in
the Vaccine Injury Table to any person shall record, or ensure that
there is recorded, in such person's permanent medical record (or in
a permanent office log or file to which a legal representative
shall have access upon request) with respect to each such vaccine -
(1) the date of administration of the vaccine,
(2) the vaccine manufacturer and lot number of the vaccine,
(3) the name and address and, if appropriate, the title of the
health care provider administering the vaccine, and
(4) any other identifying information on the vaccine required
pursuant to regulations promulgated by the Secretary.
(b) Reporting
(1) Each health care provider and vaccine manufacturer shall
report to the Secretary -
(A) the occurrence of any event set forth in the Vaccine Injury
Table, including the events set forth in section 300aa-14(b) of
this title which occur within 7 days of the administration of any
vaccine set forth in the Table or within such longer period as is
specified in the Table or section,
(B) the occurrence of any contraindicating reaction to a
vaccine which is specified in the manufacturer's package insert,
and
(C) such other matters as the Secretary may by regulation
require.
Reports of the matters referred to in subparagraphs (A) and (B)
shall be made beginning 90 days after December 22, 1987. The
Secretary shall publish in the Federal Register as soon as
practicable after such date a notice of the reporting requirement.
(2) A report under paragraph (1) respecting a vaccine shall
include the time periods after the administration of such vaccine
within which vaccine-related illnesses, disabilities, injuries, or
conditions, the symptoms and manifestations of such illnesses,
disabilities, injuries, or conditions, or deaths occur, and the
manufacturer and lot number of the vaccine.
(3) The Secretary shall issue the regulations referred to in
paragraph (1)(C) within 180 days of December 22, 1987.
(c) Release of information
(1) Information which is in the possession of the Federal
Government and State and local governments under this section and
which may identify an individual shall not be made available under
section 552 of title 5, or otherwise, to any person except -
(A) the person who received the vaccine, or
(B) the legal representative of such person.
(2) For purposes of paragraph (1), the term ''information which
may identify an individual'' shall be limited to the name, street
address, and telephone number of the person who received the
vaccine and of that person's legal representative and the medical
records of such person relating to the administration of the
vaccine, and shall not include the locality and State of vaccine
administration, the name of the health care provider who
administered the vaccine, the date of the vaccination, or
information concerning any reported illness, disability, injury, or
condition resulting from the administration of the vaccine, any
symptom or manifestation of such illness, disability, injury, or
condition, or death resulting from the administration of the
vaccine.
(3) Except as provided in paragraph (1), all information reported
under this section shall be available to the public.
-SOURCE-
(July 1, 1944, ch. 373, title XXI, Sec. 2125, as added Pub. L.
99-660, title III, Sec. 311(a), Nov. 14, 1986, 100 Stat. 3774;
amended Pub. L. 100-203, title IV, Sec. 4302(b)(1), Dec. 22, 1987,
101 Stat. 1330-221.)
-COD-
CODIFICATION
In subsec. (b)(1), (3), ''December 22, 1987'' was substituted for
''the effective date of this subpart'' on authority of section 323
of Pub. L. 99-660, as amended, set out as an Effective Date note
under section 300aa-1 of this title.
-MISC3-
AMENDMENTS
1987 - Subsec. (b)(1), (3). Pub. L. 100-203 substituted
''effective date of this subpart'' for ''effective date of this
part''.
EFFECTIVE DATE
Subpart effective Dec. 22, 1987, see section 323 of Pub. L.
99-660, set out as a note under section 300aa-1 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 300aa-19 of this title.
Source: http://www.fda.gov/opacom/laws/phsvcact/300aa-25.htm accessed on June 6, 2006.