US DHHS Adopts New Rules Allowing Secretary RFK Jr. to Select ACIP Members After Court Ruling

The US Department of Health and Human Services (DHHS) announced new rules on Thursday that enable Secretary Robert F. Kennedy Jr. to handpick members of the Advisory Committee on Immunization Practices (ACIP). The ACIP provides recommendations to the Centers for Disease Control and Prevention on vaccine use and immunization schedules.

These rules come after a federal court struck down an earlier effort by Kennedy to replace or influence the panel's membership. In that case, the court ruled the actions exceeded the secretary's authority under existing regulations. The new rules modify the appointment process to align with the secretary's oversight role within DHHS.

The ACIP consists of medical and public health experts who review scientific data on vaccines. Their advice influences federal vaccine policies, including those for children, adults, and specific outbreaks. Changes to the panel's composition could affect future recommendations on vaccine safety and efficacy.

Court Ruling Earlier this year, Kennedy attempted to dismiss several ACIP members and appoint new ones, citing concerns over vaccine policies. A lawsuit filed by public health advocates challenged the move, leading to a court injunction. The judge determined that the secretary lacked unilateral power to remove sitting members without cause, as per federal guidelines.

In response, DHHS proposed revisions to its administrative rules in late summer, opening them for public comment. The final rules, adopted this week, formalize the secretary's authority to select candidates for ACIP positions, subject to ethical and qualification reviews.

This process replaces the previous nomination system involving external organizations.

The ACIP's recommendations guide state and federal vaccination programs, affecting millions of Americans. Stakeholders, including medical associations and vaccine manufacturers, have expressed varied reactions to the rule change. No immediate alterations to current ACIP membership have been announced.

Looking ahead, the next ACIP meeting is scheduled for October, where the panel will discuss updates to immunization schedules. DHHS has stated that the new rules aim to ensure alignment with the department's priorities. Further legal challenges remain possible, given the prior court involvement.