N.J. Admin. Code § 8:57-4.22

Current through Register Vol. 56, No. 8, April 15, 2024

Section 8:57-4.22 - Emergency powers of the Commissioner, Department of Health and Senior Services

(a) In the event that the Commissioner, Department of Health and Senior Services or his or her designee determines either that an outbreak or threatened outbreak of disease or other public health immunization emergency exists, the Commissioner or his or her designee may issue either additional immunization requirements to control the outbreak or threat of an outbreak or modify immunization requirements to meet the emergency.

(b) All children failing to meet these additional requirements shall be excluded from a school, preschool, or child care center until the outbreak or threatened outbreak is over.

(c) These requirements or amendments to the requirements shall remain in effect until such time as the Commissioner, Department of Health and Senior Services or his or her designee determines that an outbreak or a threatened outbreak no longer exists or the emergency is declared over, or for three months after the declaration of the emergency, whichever one comes first. The Commissioner, Department of Health and Senior Services or his or her designee may redeclare a state of emergency if the emergency has not ended.

(d) In the event of a national or State vaccine supply shortage, as determined by the Centers for Disease Control and Prevention and Commissioner, respectively, the Commissioner or his or her designee may temporarily suspend the immunization requirement for the particular immunization affected by the supply shortage, after provision of notice to the public, such as through any of the methods below:

1. Electronic posting on the Department's website;

2. Print and electronic news media;

3. The Department's Local Information Network and Communications System (LINCS);

4. The Department's Vaccine Preventable Disease Program; or

5. Any other method reasonably calculated to inform those persons most likely to be affected by or interested in the temporary immunization suspension.

N.J. Admin. Code § 8:57-4.22

Recodified from N.J.A.C. 8:57-1.18 by R.2003 d. 413, effective 10/20/2003.
See: 35 N.J.R. 584(a), 35 N.J.R. 4890(a).
Former N.J.A.C. 8:57-1.19, Optimal immunization recommendations, recodified to N.J.A.C. 8:57-1.20.
Recodified from N.J.A.C. 8:57-4.19 and amended by R.2008 d.9, effective 1/7/2008 (operative September 1, 2008).
See: 38 N.J.R. 5284(a), 40 N.J.R. 151(a).
Added (d).

The adopted version of this section 56 N.J.R. 213(a), effective 1/3/2024 is not yet available