By Janek                                              H.B. No. 1677
         76R8722 E                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to immunizations for elderly residents of nursing homes.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter A, Chapter 161, Health and Safety
 1-5     Code, is amended by adding Section 161.0051 to read as follows:
 1-6           Sec. 161.0051.  REQUIRED IMMUNIZATIONS FOR NURSING HOMES.
 1-7     (a)  This section applies only to a nursing home that:
 1-8                 (1)  is an institution licensed under Chapter 242; and
 1-9                 (2)  serves residents who are elderly persons as
1-10     defined by Section 242.002.
1-11           (b)  The board by rule may require nursing homes to offer, in
1-12     accordance with an immunization schedule adopted by the board,
1-13     immunizations to elderly residents or to staff who are in contact
1-14     with elderly residents against diseases that the board determines
1-15     to be:
1-16                 (1)  caused by infectious agents;
1-17                 (2)  potentially deadly; and
1-18                 (3)  preventable by vaccine.
1-19           (c)  The board by rule shall require nursing homes to offer,
1-20     in accordance with an immunization schedule adopted by the board:
1-21                 (1)  pneumococcal vaccine to elderly residents; and
1-22                 (2)  influenza vaccine to elderly residents and to
1-23     staff who are in contact with elderly residents.
1-24           SECTION 2.  Section 242.037, Health and Safety Code, is
 2-1     amended by adding Subsection (h) to read as follows:
 2-2           (h)  The board shall adopt each rule adopted by the Texas
 2-3     Board of Health under Section 161.0051 as part of the rules and
 2-4     standards adopted under this chapter that apply to institutions
 2-5     serving residents who are elderly persons.
 2-6           SECTION 3.  In developing the rules needed to implement the
 2-7     provisions of this Act, the Texas Department of Health shall
 2-8     coordinate with the Texas Department of Human Services to ensure
 2-9     that:
2-10                 (1)  the Texas Department of Health's rules related to
2-11     immunization schedules for nursing home residents and staff are not
2-12     inconsistent with existing federal and state laws and regulations
2-13     related to nursing home infection control programs; and
2-14                 (2)  new nursing facility documentation requirements
2-15     developed by the Texas Department of Health or the Texas Department
2-16     of Human Services resulting from the implementation of this Act are
2-17     developed with nursing home industry input and are promptly
2-18     disseminated to nursing homes upon adoption by the agencies.
2-19           SECTION 4.  This Act takes effect September 1, 1999.
2-20           SECTION 5.  The importance of this legislation and the
2-21     crowded condition of the calendars in both houses create an
2-22     emergency and an imperative public necessity that the
2-23     constitutional rule requiring bills to be read on three several
2-24     days in each house be suspended, and this rule is hereby suspended.