The American Academy of Pediatrics (AAP) and the Common Health Coalition hosted the webinar “Hot Topics on Respiratory Vaccines: Clearing the Air on Liability and Practice Considerations.” Oct. 21. Legal, clinical and communication experts discussed shared clinical decision-making (SCDM), liability and documentation best practices.
The webinar provided an overview of updated vaccine guidance, the current legal landscape and liability surrounding vaccine administration, and best practices for documenting shared clinical decisions.
The Food and Drug Administration (FDA) recently updated COVID-19 vaccine labeling to include only individuals 65 and older and those at high risk for severe illness. However, the Advisory Committee on Immunization Practices (ACIP) continues to recommend vaccination for everyone six months and older. ACIP’s recommendation, rather than FDA labeling, determines insurance coverage and Medicaid reimbursement.
Speakers clarified that off-label vaccination, such as for healthy adults under 65, remains legally permissible when it aligns with the professional standard of care. Providers are encouraged to document SCDM conversations outlining risks, benefits and reasons for accepting or declining vaccination. Documentation demonstrates patient engagement and provider diligence.
Clinics led by nurses, nurse practitioners, physician assistants or pharmacists may administer vaccines under SCDM if within their scope of practice. Following state health department guidance to vaccinate beyond the FDA label offers additional legal support.
Providers should continue billing with standard immunization codes. New CPT codes effective January 2026 will allow billing for vaccine counseling even when a vaccine is not administered.
Experts emphasized that clear communication about vaccine safety and effectiveness remains critical to sustaining public confidence and vaccine uptake.
Members with questions regarding this webinar or vaccine policy should contact the MHA policy team.
