Urgent Information re: H1N1 and Seasonal Flu/Respond by Sept. 8, 2009

INFORMATIONAL LETTER NO: 16
POLICY CODE: JCLB

TO: Superintendents of Schools
FROM: Susan A. Gendron, Commissioner
DATE: September 1, 2009
RE: Urgent Information re: H1N1 and Seasonal Flu/Respond by Sept. 8, 2009

Please read this entire letter as it contains very important information on a variety of issues relating to H1N1 influenza, including:

* A solution for schools with concerns about liability regarding administration of seasonal flu and H1N1 influenza vaccines

* September 8th deadline to register your school to participate for seasonal influenza vaccine

* Information number for schools: (888) 257-0990

* Questions and Answers

* Links to additional resources

SOLUTION

In response to concerns raised by some school systems about the possibility of liability issues with regard to school-based flu vaccination clinics, several key groups have worked together to craft a solution that will provide broad protection to schools, school personnel, community providers and volunteers involved in the administration of vaccines for both seasonal flu and the H1N1 influenza vaccine this fall.

This morning Governor John Baldacci signed a Proclamation of Civil Emergency. This proclamation, which will be renewed every 30 days as long as it is needed, invokes the emergency management provision of 37-B MRSA §784-A, which affords qualified tort immunity under the Maine Tort Claims Act to all authorized participants in the vaccination campaigns, including school personnel, community providers and volunteers. This proclamation covers both seasonal and H1N1 influenza vaccinations.

The Governor’s proclamation is separate from and in addition to the federal Public Readiness and Emergency Preparedness Act (PREP). The PREP Act applies only to the H1N1 vaccinations and provides absolute immunity for all but intentional wrongdoing in the administration of the H1N1 vaccine.

Together, these two provisions provide very strong protections to schools that participate – qualified tort immunity on the seasonal flu vaccinations and the protection of both provisions for H1N1 vaccinations.

Many people and organizations have worked diligently to arrive at this solution, including the Maine Attorney General’s Office, Maine School Management Association, the Maine CDC in the Maine Department of Health and Human Services, the Governor’s Office and the Maine Department of Education. As a result, Maine continues to be a leader in the country in its response to the H1N1 threat, especially as it pertains to our schools.

I would like to offer a special thank you to Nancy Dube, our school nurse consultant, and all of our school nurses across the state who have worked throughout the summer to prepare for our efforts this fall.

PARTICIPATION

We strongly encourage all school systems to consider participating in this effort as public health officials at the US CDC and here in Maine are predicting a continued and increased outbreak of the H1N1 influenza. Children are the primary carriers and spreaders of the flu and Dr. Dora Mills of the Maine CDC has told us that school-based vaccine clinics are the most important part of the state’s plan to slow and reduce the spread of seasonal influenza and H1N1.

Those schools interested in participating must contact the Maine Center for Disease Control (Maine CDC) by September 8. The fastest and easiest way is to call (888) 257-0990. This Maine CDC line will be staffed from 8 a.m. to 5 p.m. weekdays and is dedicated specifically to school personnel, providers and volunteers involved in school-based vaccination efforts. Personnel answering this line can assist you in signing up your schools, answering questions about the process, and linking you to helpful resources.

INFORMATION NUMBER FOR SCHOOLS: (888) 257-0990

(888) 257-0990 is dedicated to school-based vaccination efforts. Please call to sign up your schools or with questions about the program and how to access additional resources.

QUESTIONS AND ANSWERS

Q: Can a school-based vaccination program provide vaccinations to non-students – for example, children under 4 years old who are not enrolled, or parents – and still be immune from liability?
A: Yes. The liability immunity provided in both the state and federal provisions applies to vaccinations in the school setting during the period covered by the declarations. The federal provision covers the H1N1 vaccination only; the state provision covers both.

Q: Can we request additional doses of vaccine for unenrolled children, parents, and/or others in the community?
A: Maine CDC will work with you to determine who should receive the vaccinations and how many should be delivered to your schools. The Maine CDC has prioritized who is in most need of vaccination based on information and guidance from the US CDC. While children are in the priority groups for both the seasonal and H1N1 vaccinations, the other priority groups are not the same for seasonal flu as for H1N1. Therefore, it is important that you work in conjunction with Maine CDC to determine who, besides children, could be included in a school-based vaccination clinic. There is no requirement that schools offering clinics offer vaccinations to anyone besides children and staff enrolled/working in the school.

Q: Our schools signed up for the seasonal vaccination clinic; do we have to sign up again for H1N1?
A: Yes. Though the Department and the Maine CDC generally assume that schools that signed up for the seasonal vaccine also are interested in H1N1, Maine CDC needs to plan for the delivery of vaccines as well as work with schools and health care providers on assuring that federal guidelines for each vaccine are followed. Please contact Maine CDC at the phone number listed above to inform them of your plans.

Q: What strategies will be in place to deal with possible building closures this fall?
A: US CDC is offering new guidance that is slower to close schools than previous guidance. For example, even with elevated incidence of H1N1 among students in a particular grade, schools may be asked to consider shutting down school for that grade only. We are also developing strategies to help students who are kept home from school – whether because they are sick or because their grade or school has been closed – to continue their studies from home and to access school lunches if they are eligible for free and reduced lunch. All of this guidance will come in a separate informational letter. We are working in conjunction with the Maine CDC on this. As always, we rely on Maine CDC as the public health experts and take our lead from and support them and our schools in these matters.

LINKS TO ADDITIONAL RESOURCES

Please continue to visit the Maine CDC and Maine Department of Education H1N1 websites frequently for updated information and resources. Guidance from the US CDC continues to evolve as the virus does and new information is posted all the time.

Maine CDC: http://www.maineflu.gov

Maine Department of Education: http://www.maine.gov/education/h1n1