Published On: Sun, Feb 28th, 2021

Governor DeSantis Issues Executive Order 21-46 Offering Vaccine to Additional Residents

By Robert S Weinroth

On Friday, Governor Ron DeSantis issued Executive Order 21-46, broadening the categories of residents eligible to receive the COVID-19 vaccine.

The new EO extends and amends Executive Order 20-315 which, during the first phase of vaccinations, restricted the administration of vaccinations to:

  • Long -term care facility residents and staff;
  • People 65 years old or over and
  • Healthcare personnel with direct patient contact

Under the newest EO, the Governor has extended to physicians, licensed under Chapter 458 and 459, Florida Statutes, the same authority previously extended to hospital providers to vaccinate people they deem to be extremely vulnerable to COVID-19 and advanced practice registered nurses licensed under Chapter 464, Florida Statutes, and pharmacists licensed under Charter 465, Florida Statutes, may vaccinate persons determined by a physician to be extremely vulnerable to COVID-19.

In other good news, this weekend, the U.S. Food and Drug Administration issued an Emergency Use Authorization (EUA) for the third vaccine for the prevention of COVID-19.

The EUA allows the COVID-19 “Janssen” Vaccine, produced by Johnson & Johnson, to be distributed in the U.S for use in individuals 18 years of age and older.

“The authorization of this vaccine expands the availability of vaccines, the best medical prevention method for COVID-19, to help us in the fight against this pandemic, which has claimed over half a million lives in the United States,” said Acting FDA Commissioner Janet Woodcock, M.D.

The FDA has determined that the Janssen COVID-19 Vaccine has met the statutory criteria for issuance of an EUA. The totality of the available data provides clear evidence of the efficacy of the Janssen COVID-19 Vaccine in preventing COVID-19.

The data also show the vaccine’s known and potential benefits outweigh its known and potential risks, supporting the company’s request for the vaccine’s use in people 18 years of age and older.

The Janssen COVID-19 Vaccine is manufactured using a specific type of virus called adenovirus type 26 (Ad26). The vaccine uses Ad26 to deliver a piece of the DNA, or genetic material, used to make the distinctive “spike” protein of the SARS-CoV-2 virus.

While adenoviruses are a group of viruses that are relatively common, Ad26, which can cause cold symptoms and pink eye, has been modified for the vaccine so that it cannot replicate in the human body to cause illness.

After a person receives this vaccine, the body can temporarily make the spike protein, which does not cause disease, but triggers the immune system to learn to react defensively, producing an immune response against SARS-CoV-2.

“After a thorough analysis of the data, the FDA’s scientists and physicians have determined that the vaccine meets the FDA’s expectations for safety and effectiveness appropriate for the authorization of a vaccine for emergency use,” said Peter Marks, M.D., Ph.D., director of the FDA’s Center for Biologics Evaluation and Research.

The Janssen COVID-19 Vaccine is administered as a single dose. The available safety data to support the EUA include an analysis of 43,783 participants enrolled in an ongoing randomized, placebo-controlled study being conducted in South Africa, certain countries in South America, Mexico, and the U.S.

The participants, 21,895 of whom received the vaccine and 21,888 of whom received saline placebo, were followed for a median of eight weeks after vaccination. The most commonly reported side effects were pain at the injection site, headache, fatigue, muscle aches and nausea. Most of these side effects were mild to moderate in severity and lasted 1-2 days.

The effectiveness data to support the EUA include an analysis of 39,321 participants in the ongoing randomized, placebo-controlled study being conducted in South Africa, certain countries in South America, Mexico, and the U.S. who did not have evidence of SARS-CoV-2 infection prior to receiving the vaccine. Among these participants, 19,630 received the vaccine and 19,691 received saline placebo. Overall, the vaccine was approximately 67% effective in preventing moderate to severe/critical COVID-19 occurring at least 14 days after vaccination and 66% effective in preventing moderate to severe/critical COVID-19 occurring at least 28 days after vaccination. 

Additionally, the vaccine was approximately 77% effective in preventing severe/critical COVID-19 occurring at least 14 days after vaccination and 85% effective in preventing severe/critical COVID-19 occurring at least 28 days after vaccination.

There were 116 cases of COVID-19 in the vaccine group that occurred at least 14 days after vaccination, and 348 cases of COVID-19 in the placebo group during this time period. There were 66 cases of COVID-19 in the vaccine group that occurred at least 28 days after vaccination and 193 cases of COVID-19 in the placebo group during this time period. Starting 14 days after vaccination, there were 14 severe/critical cases in the vaccinated group versus 60 in the placebo group, and starting 28 days after vaccination, there were 5 severe/critical in the vaccine group versus 34 cases in the placebo group. 

At this time, data is not available to determine how long the vaccine will provide protection, nor is there evidence the vaccine prevents transmission of the virus from person to person. 

The issuance of an EUA is different than an FDA approval (licensure) of a vaccine, in that a vaccine available under an EUA is not approved. In determining whether to issue an EUA for a product, the FDA evaluates the available evidence to determine whether the product may be effective and also assesses any known or potential risks and any known or potential benefits If the product meets the effectiveness standard and the benefit-risk assessment is favorable, the product is made available during the emergency. Once a manufacturer submits an EUA request for a COVID-19 vaccine to the FDA, the agency then evaluates the request and determines whether the relevant statutory criteria are met, taking into account the totality of the scientific evidence about the vaccine that is available to the FDA.

The EUA also requires that fact sheets that provide important information, including dosing instructions, and information about the benefits and risks of the Janssen COVID-19 Vaccine, be made available to vaccination providers and vaccine recipients.

The FDA expects manufacturers whose COVID-19 vaccines are authorized under an EUA to continue their clinical trials to obtain additional safety and effectiveness information and pursue approval (licensure).

The EUA for the Janssen COVID-19 Vaccine was issued to Janssen Biotech Inc., a Janssen Pharmaceutical Company of Johnson & Johnson. The authorization will be effective until the declaration that circumstances exist justifying the authorization of the emergency use of drugs and biologics for prevention and treatment of COVID-19 is terminated.

About the Author

Robert Weinroth - Robert Weinroth is a 27 year resident of Boca Raton where he is an attorney, businessman, former member of the City Council (where he served for four years) and currently serves as an elected member of the Palm Beach County Board of County Commissioners. Commissioner Weinroth went to Boston’s Northeastern University where he earned a BSBA in Management. He went on to earn his Juris Doctor at New England School of Law. He is admitted to practice law in Florida, Massachusetts, New Jersey and the Supreme Court of the United States. Weinroth served as president and general counsel of Freedom Medical Services Inc, an accredited medical supply company in Boca Raton. FREEDOMED® represented the realization of an entrepreneurial dream. Weinroth, and his wife Pamela operated the company for 16 years, eventually selling the business in 2016. Weinroth takes great pride in his past work as a volunteer Guardian ad Litem for the 15th Judicial Circuit, advocating for the needs of abused and neglected children deemed dependent by the Court. After serving on multiple community boards and committees, Weinroth was elected to the Boca Raton City Council in 2014. During his tenure, he served as CRA Vice-chair and Deputy Mayor and was appointed to a number of county boards including the Boca Raton Airport Authority, the Palm Tran Service Board, the Palm Beach Transportation Planning Agency, the Treasure Coast Planning Council and was elected a board member of the Palm Beach County League of Cities. Commissioner Weinroth serves as County Vice-Mayor and has been appointed Chair of the Solid Waste Authority, a board member of the PBC Transportation Planning Agency, and alternate representative on the Treasure Coast Planning Agency and several other county and regional boards. Robert, Pamela and their two dogs, Sierra and Siggy, are proud to call Boca Raton home.

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