Flu shot questions die down...for now

Governor Sonny Perdue is encouraging pharmacists to continue to give flu shots as they have been. Perdue’s statement Thursday comes in response to the uncovered Georgia law that says a person must have a prescription to get a dose of flu vaccine, and pertains most specifically to pharmacists. The Governor says he wants healthcare professionals to act in the best health interests of Georgians, and that they have his support.

Ira Katz runs the Little Five Points pharmacy in Atlanta:

"They way I interpret this and the way I think of lot of my colleagues will interpret this is simply that we will continue to do business as we've done in the past, with the interests of our patients being first and foremost. And that we'll address it (the Georgia law) come January when the General Assembly meets".

Officials with the Georgia Pharmacy Association were happy to hear members would not face sanctions to continue giving flu shots as before. Stewart Griffin with the Association says the Governor's support is great, however:

"The Governor no matter what he says cannot waive us from civil liability...no-one can do that. I wish they could, but they couldn't, even if everything was perfect".

Some health organizations might not take the legal risk. Passport Health gives flu shots to large groups. It says it will now have someone on-site to write prescriptions. That move could raise the price of a flu shot by up to five dollars.

Governor gets involved in flu shot flap

Georgians may find it harder and more expensive these days to get a flu shot through chain drug- and grocery stores. Flu vaccine shots may not be offered this year due to an uncovered Georgia law.

For over a decade, Georgia has had a law on the books that says flu vaccines need to be prescribed for distribution. NO one has really looked at it closely until this year, when a complaint came to the state medical board. Someone questioned whether it was enough for one physician to sign off on various pharmacies giving out flu shots. This practice is known as a ‘blanket protocol’. Dr. Jean Sumner is president of the Georgia Medical board.

"We are required to by law to investigate those complaints, and last year we received a complaint regarding the dispertion of flu shots by pharmacists. We interviewed the physician who had signed the protocol. We both acknowledged the law stated that was not legal. This has been a long-standing, established law that says the physician has to prescribe the flu shot. Therefore, he was citing protocols of some of the chain drugstores and elected not to do that anymore".

Without a protocol, drugstores and grocery stores without a practitioner or doctor could be violating Georgia law. Some have canceled their vaccine orders. Sumner says the Medical Board asked the Governor Perdue for help, but aside from a special session, nothing can be done until the next legislative session in January.

Governor Perdue issued a statement backing pharmacists, saying they should distribute flu shots just like they have in years past. The Governors' statement:

"This administration fully supports needed flu shots being safely dispensed to Georgians this flu season. For public health reasons, we believe it is imperative that pharmacists and others act as they have in the past. No statute or regulation has passed or was promulgated in the past 12 months that would change the ability of pharmacists to administer flu shots. No one has been prosecuted for delivering flu shots in the standard manner of past years. This administration will not call for sanctions against those acting in the best interests of Georgians and in a manner consistent with past practices. It is my expectation that healthcare professionals will act in the best interests of public health and continue prior practices."

Dr. Sumner says for the upcoming flu season, the change may simply be a change in venue. "Look around, get one from your doctor, get one from your health department, get one from the 'Minute Clinic'...from any provider that can prescribe. But you can't go to a clinic where there's not a provider or prescriber to issue the flu shot".
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