(a) The department, commissioner, an employee or agent of the department, an employee or agent of a local health department, and the state executive branch shall not directly or indirectly promote, distribute, or endorse information regarding an FDA-regulated vaccine, mask, or emergency use authorized product that:(1) Conflicts with or does not accurately reflect the FDA-approved or FDA-authorized labeling for such vaccine, mask, or emergency use authorized product; or(2) Implies that safety or effectiveness has been established for coadministration of the vaccine, mask, or emergency use authorized product when adequately powered and well-controlled clinical trials needed to substantiate such representations have not been completed.
(1) Conflicts with or does not accurately reflect the FDA-approved or FDA-authorized labeling for such vaccine, mask, or emergency use authorized product; or
(2) Implies that safety or effectiveness has been established for coadministration of the vaccine, mask, or emergency use authorized product when adequately powered and well-controlled clinical trials needed to substantiate such representations have not been completed.
(b) Subsection (a) includes:(1) The use of any state grants or other funds, federal grants or funds distributed by this state, or other forms of inducements that may lead to the dissemination of such information; and(2) Information concerning general categories or types of FDA-regulated vaccines, masks, or emergency use authorized products in which a specific vaccine, mask, or emergency use authorized product is not referenced. Information that references a general category or type must:(A) Be universally true for all vaccines, masks, or emergency use authorized products within the general category or type under current FDA regulations; or(B) Provide qualifications or disclaimers that highlight the exceptions or limitations based on the individual label for each vaccine, mask, or emergency use authorized product.
(1) The use of any state grants or other funds, federal grants or funds distributed by this state, or other forms of inducements that may lead to the dissemination of such information; and
(2) Information concerning general categories or types of FDA-regulated vaccines, masks, or emergency use authorized products in which a specific vaccine, mask, or emergency use authorized product is not referenced. Information that references a general category or type must:(A) Be universally true for all vaccines, masks, or emergency use authorized products within the general category or type under current FDA regulations; or(B) Provide qualifications or disclaimers that highlight the exceptions or limitations based on the individual label for each vaccine, mask, or emergency use authorized product.
(A) Be universally true for all vaccines, masks, or emergency use authorized products within the general category or type under current FDA regulations; or
(B) Provide qualifications or disclaimers that highlight the exceptions or limitations based on the individual label for each vaccine, mask, or emergency use authorized product.
(c) If the commissioner, an employee or agent of the department, an employee or agent of a local health department, or the state executive branch refers a healthcare provider or the general public to information about an FDA-regulated vaccine, mask, or emergency use authorized product from sources not covered by this part, then the referral must include a warning that the entity for which the employee or agent is providing such information is not regulated by this part.
(d) This section does not prohibit the commissioner, the state executive branch, or another person subject to this part from publicly expressing criticism of or disagreement with a vaccine, mask, or emergency use authorized product authorization, approval, or labeling decisions by the FDA.