Vaccine Administration Protection Emergency Declaration Resolution of 2026

MURIEL BOWSER
MAYOR
February 25, 2026
The Honorable Phil Mendelson
Chairman
Council of the District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, N.W., Suite 504
Washington, D.C. 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council of the District of Columbia are the
“Vaccine Administration Protection Emergency Amendment Act of 2026,” the “Vaccine
Administration Protection Temporary Amendment Act of 2026,” the Vaccine Administration
Protection Amendment Act of 2026,” and the accompanying emergency declaration resolution.
This legislation protects District healthcare providers seeking to provide access to safe and
effective vaccines to District residents, and the organizations that employ them.
If enacted, the proposed legislation would amend D.C. Official Code § 7-401 to ensure
healthcare providers are not held liable for any injury caused by the prescribing, dispensing,
ordering, furnishing, or administering of eligible vaccines or other immunizing agents. These
include ones required by law or recommended by leading medical and public health entities.
This legislation protects healthcare providers so that they may administer vaccines to the
District’s residents and visitors, thus promoting public health and safety within the District.
I urge the Council to take prompt and favorable action at your earliest convenience.
If you have any questions regarding this matter, please contact Dr. Ayanna Bennett, Director of
the Department of Health at (202) 442-5955.
Sincerely,
Muriel Bowser

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7 A RESOLUTION
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at the request of the Mayor
11 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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18 To declare the existence of an emergency with regard to protecting health professionals who
19 administer vaccines, and the entities for which they work, from liability for claims arising
20 from or related to the administration of vaccines.
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22 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
23 resolution may be cited as the "Vaccine Administration Protection Emergency Declaration
24 Resolution of 2026".
25 Sec. 2. (a) There exists an immediate need to protect health professionals authorized to
26 administer certain vaccines to infants and children in the District of Columbia, and the entities
27 for whom they work, from liability for claims arising from or related to the administration of
28 such vaccines.
29 (b) Currently, persons who administer vaccines that are covered by the National
30 Vaccine Injury Compensation Program ("VICP ") are afforded the liability protections of the
31 National Childhood Vaccine Injury Act of 1986, which requires that persons with a claim of
32 vaccine-related injuries or deaths resulting from covered vaccines must first exhaust their
33 remedies under the VICP before they can pursue legal actions against vaccine manufacturers or
34 persons who administer vaccines.
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(c) Because vaccine administration claims are covered by federal law, there is no parallel 36
District law provision shielding health professionals from liability for vaccines not covered by 37
the VICP. Without protection in District law, health professionals authorized to administer 38
vaccines may be reluctant to administer them for fear of liability arising from uncertainty as to 39
whether certain vaccine administration will remain covered by the VICP. 40
(d) Failure of infants, children, and adults in the District to receive life-saving and health-41
protecting vaccines, due to liability concerns, will result in more sick infants, children, and 42
adults; the potential for a greater spread of dangerous diseases. 43
(e) Fear of liability will also place greater stress upon health care providers, a particular 44
concern in this time of shortage among nurses and primary care providers, including 45
pediatricians. 46
Sec. 3. The Council of the District of Columbia finds that the circumstances enumerated 47
in section 2 constitute emergency circumstances making it necessary that the Vaccine 48
Administration Protection Emergency Amendment Act be adopted after a single reading. 49
Sec. 4. This resolution shall take effect immediately. 50