Brad Gallagher, co-leader of Barclay Damon’s Health Care Controversies and Pharmacy Teams, was featured in the Pharmacy Practice News article “State Pharmacy Boards Navigate a Fractured Fed Vaccine Advisory System.” The article details how state pharmacy boards are grappling with vaccine policy uncertainty after Health and Human Services Secretary Robert F. Kennedy Jr. dismissed the CDC’s Advisory Committee on Immunization Practices (ACIP) and replaced its members with several vaccine-skeptical appointees. Because ACIP recommendations traditionally guide federal and state vaccine policy, the shake-up has left states scrambling to clarify pharmacists’ authority to administer vaccines, manage liability risks, and ensure reimbursement. Brad said, “Pharmacists are caught in the middle of policy and science, and there is a real danger that legal liability will follow if the ground continues to shift under their feet.”
In response, states like Pennsylvania, Colorado, and Massachusetts have issued standing orders or public health directives allowing pharmacists to give vaccines—particularly COVID-19 shots—without prescriptions, while regional coalitions in the West and Northeast have formed to coordinate evidence-based recommendations. Legal professionals warn that without clear guidance, pharmacists risk being caught between conflicting federal, state, and insurer rules, raising concerns about liability, access, and coverage. Brad said, “We’re advising boards to spell out which vaccine recommendations pharmacists can safely rely on, and by extension, what liability protections pharmacists have when using those guidelines.”
Insurers, through America’s Health Insurance Plans (AHIP), have pledged to continue covering all vaccines recommended by ACIP as of September 1, 2025, through 2026, but reimbursement tied to evolving ACIP policy remains a challenge. Both pharmacy leaders and attorneys stress the need for explicit, state-level directives to preserve access and protect pharmacist, while emphasizing that vaccines remain safe, effective, and a cornerstone of public health. Brad emphasized, “Patients need to hear consistent, evidence-based messages. Pharmacists are among the most trusted healthcare providers for delivering that information, especially when it comes to vaccines.”
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