N.J. Admin. Code § Executive Order No. 207 (2020)
Governor Philip D. Murphy
Executive Order No. 207 (2020)
An Order Enrolling Residents Who Choose to Receive a COVID-19 Vaccine in the New Jersey Immunization Information System
Issued: December 4, 2020.
Effective: December 4, 2020.
WHEREAS, in light of the dangers posed by Coronavirus disease 2019 ("COVID-19"), I issued Executive Order No. 103 on March 9, 2020, the facts and circumstances of which are adopted by reference herein, which declared both a Public Health Emergency and State of Emergency; and
WHEREAS, through Executive Order Nos. 119, 138, 151, 162, 171, 180, 186, 191, and 200, issued on April 7, 2020, May 6, 2020, June 4, 2020, July 2, 2020, August 1, 2020, August 27, 2020, September 25, 2020, October 24, 2020, and November 22, 2020, respectively, the facts and circumstances of which are adopted by reference herein, I declared that the COVID-19 Public Health Emergency continued to exist and declared that all Executive Orders and Administrative Orders adopted in whole or in part in response to the COVID-19 Public Health Emergency remained in full force and effect; and
WHEREAS, in accordance with N.J.S.A. App. A:9-34 and -51, I reserve the right to utilize and employ all available resources of State government to protect against the emergency created by COVID-19; and
WHEREAS, the Emergency Health Powers Act ("EHPA"), N.J.S.A. 26:13-1et seq., outlines the authorities of the Commissioner of the Department of Health ("DOH") to oversee vaccine administration during a public health emergency; and
WHEREAS, as COVID-19 continued to spread across New Jersey and an increasing number of individuals required medical care or hospitalization, I issued a series of Executive Orders pursuant to my authority under the New Jersey Civilian Defense and Disaster Control Act [page=4] and EHPA, to protect the public health, safety, and welfare against the emergency created by COVID-19, including Executive Order Nos. 104-133, Nos. 135-138, Nos. 140-166, Nos. 168-173, No. 175, Nos. 177-181, No. 183, Nos. 186-187, Nos. 189-198, No. 200, and Nos. 203-204 (2020), the facts and circumstances of which are all adopted by reference herein; and
WHEREAS, after consultation with officials from the DOH, I announced a multi-stage New Jersey's Road Back Plan for the methodical and strategic reopening of businesses and activities based on scientific data and metrics concerning the level of disease transmission risk and essential classification; and
WHEREAS, despite these efforts, the number of confirmed cases of COVID-19 continues to increase dramatically due to high levels of community spread, something that cannot be fully mitigated without robust participation in a COVID-19 vaccine program; and
WHEREAS, New Jersey submitted to the Centers for Disease Control and Prevention a required Interim COVID-19 Vaccination Plan (the "Plan") in October 2020; and
WHEREAS, the Plan aims to provide equitable access to all who live, work, and/or are educated in New Jersey; achieve community protection, assuming vaccine effectiveness, availability, and uptake; and build sustainable trust in COVID-19 and other vaccines; and
WHEREAS, the first tranche of COVID-19 vaccines is expected to arrive in New Jersey before the end of the year; and
WHEREAS, the process of vaccinating the population to levels sufficient to establish community immunity is expected to take many months and will require comprehensive and aggressive State efforts to maximize the benefits of vaccination across all communities as quickly as feasible; and
WHEREAS, though many vaccines are currently under development, the first vaccines that are anticipated to arrive in the State would require two doses to be effective, necessitating a mechanism to track individuals who have received the first dose to ensure they also receive the required second dose of the same vaccine type; and
WHEREAS, it is critically important that a sufficient number of residents receive the full course of a COVID-19 vaccine as quickly as supply allows in order to optimize protection against COVID-19; and
WHEREAS, it is also critically important to track the rate of vaccination among the State's population, regardless if the vaccine received is a single dose or multiple dose, to support all virus mitigation efforts now and in the future; and
WHEREAS, the New Jersey Immunization Information System ("NJIIS"), the statewide electronic immunization registry, is an existing means to coordinate and promote disease prevention and control efforts in the State, to track vaccination uptake critical to the COVID-19 response, and ensure that individuals are not inadvertently receiving duplicative vaccines; and
WHEREAS, pursuant to N.J.S.A. 26:4-134, individuals born prior to January 1, 1998, must currently affirmatively opt-in to participate in the registry, whereas children born after January 1, 1998, are automatically enrolled in the registry immediately following birth unless a parent or guardian provides a written request to not participate; and
WHEREAS, pursuant to the same statutory provision, individuals born after January 1, 1998, are afforded the opportunity to opt-out of participation in the registry; and
WHEREAS, pursuant to N.J.A.C. 8:57-3.12(g) adults are permitted to voluntarily enroll in the NJIIS; and
WHEREAS, these opt-in provisions could limit the ability of the DOH to quickly and effectively track individuals who have received a dose of a COVID-19 vaccine; and
WHEREAS, automatic enrollment in the NJIIS for individuals receiving a COVID-19 vaccine will facilitate and track progress relative to New Jersey's vaccination targets; and
WHEREAS, the data collected pursuant to the NJIIS is only used for public health purposes and contains significant privacy protections, including a data firewall, that ensure it is a safe and appropriate mechanism for tracking sensitive information; and
WHEREAS, the Constitution and statutes of the State of New Jersey, particularly the provisions of N.J.S.A. 26:13-1et seq., N.J.S.A. App. A: 9-33 et seq., N.J.S.A. 38A:3-6.1, and N.J.S.A. 38A:2-4 and all amendments and supplements thereto, confer upon the Governor of the State of New Jersey certain emergency powers, which I have invoked;
NOW, THEREFORE, I, PHILIP D. MURPHY, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:
N.J. Admin. Code Executive Order No. 207 (2020)