In Oregon, some residents—particularly older adults and those with certain health issues—are being told they need a prescription to obtain the latest COVID-19 vaccine at local pharmacies.
What’s behind this change? It primarily stems from delays in approvals from a federal advisory council and Oregon’s existing laws that adhere to federal guidelines on vaccine distribution.
The Food and Drug Administration (FDA) has recently authorized updated COVID-19 vaccines, but only for individuals aged 65 and older, as well as younger individuals with specific health conditions.
This situation has created plenty of uncertainty regarding whether healthy younger adults and children will have access to the vaccine.
Regardless, the FDA doesn’t provide direct guidance on vaccine implementation—that role belongs to the advisory committee of the Centers for Disease Control and Prevention (CDC).
However, this committee hit a snag after Health and Human Services Secretary Robert F. Kennedy Jr. dismissed its entire membership earlier this year, leaving the newly appointed replacements yet to make any recommendations about the updated vaccines.
It’s worth noting that the Trump administration removed CDC Director Susan Monarez over disagreements around vaccine policy, prompting several top leaders within the agency to resign shortly thereafter.
This absence of clear guidance raises questions about who qualifies for vaccination, whether insurance will cover it, and how pharmacies can legally distribute these new vaccines in the absence of federal endorsement.
Most vaccinations typically occur at local pharmacies, as noted by the CDC.
However, under Oregon law, pharmacists may only administer vaccines that are part of the state protocols established by the Board of Pharmacy, which usually align with CDC recommendations.
According to Jonathan Modie, a spokesperson for the Oregon Health Authority, if a vaccine isn’t included in those protocols, pharmacists can still administer it, provided there’s a legitimate prescription or order from a healthcare professional.
Since the CDC hasn’t updated its guidance yet, the new COVID-19 vaccines are not included in Oregon’s pharmacy protocols. Consequently, pharmacists can’t administer these shots without a prescription—even to those who qualify according to the FDA.
Moreover, pharmacists could expose themselves to legal risks. During the pandemic, federal emergency declarations provided some immunity from lawsuits for administering COVID-19 vaccines, but those protections apply only to vaccines recommended by the CDC’s advisory committee.
There’s also the looming question of payment for these shots. Private insurers and Medicaid aren’t obligated to cover preventive vaccines unless they receive a recommendation from the CDC’s advisory committee.
