HHS Extends PREP Act Through 2029

Legislative/Regulatory,

The Department of Health and Human Services has extended the Public Readiness and Emergency Preparedness (PREP) Act Declaration for Medical Countermeasures Against COVID-19 until December 31, 2029. This extension continues liability immunity for the manufacture, distribution, administration, and use of specific medical countermeasures related to COVID-19. The amendment is effective as of Jan. 1, 2025.

  • Extension Period: The PREP Act Declaration now extends through December 31, 2029.
  • Scope:
  • Provides liability immunity to covered persons against claims of loss related to the administration or use of designated medical countermeasures, except in cases of willful misconduct.
  • Authorizes state licensed pharmacists to order and administer certain vaccines and authorizes pharmacy interns and qualified pharmacy technicians to administer certain vaccines, when specified requirements are met.
  • Authorizes state-licensed pharmacists to order and administer certain point-of-care tests and authorizes pharmacy interns and qualified pharmacy technicians to administer certain point-of-care tests, when specified requirements are met.
  • Reason for Extension: Despite the public health emergency for COVID-19 ending on May 11, 2023, HHS has determined there remains a credible risk that COVID-19 may again pose a public health emergency in the future. This extension aims to prepare for and mitigate that risk.
  • More information: For more information, please see the notice in the Federal Register.