1-1     By:  Janek (Senate Sponsor - Moncrief)                H.B. No. 1677
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Committee on Health
 1-4     Services; May 5, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 5, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to immunizations for elderly residents of nursing homes.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subchapter A, Chapter 161, Health and Safety
1-11     Code, is amended by adding Section 161.0051 to read as follows:
1-12           Sec. 161.0051.  REQUIRED IMMUNIZATIONS FOR NURSING HOMES.
1-13     (a)  This section applies only to a nursing home that:
1-14                 (1)  is an institution licensed under Chapter 242; and
1-15                 (2)  serves residents who are elderly persons as
1-16     defined by Section 242.002.
1-17           (b)  The board by rule may require nursing homes to offer, in
1-18     accordance with an immunization schedule adopted by the board,
1-19     immunizations to elderly residents or to staff who are in contact
1-20     with elderly residents against diseases that the board determines
1-21     to be:
1-22                 (1)  caused by infectious agents;
1-23                 (2)  potentially deadly; and
1-24                 (3)  preventable by vaccine.
1-25           (c)  The board by rule shall require nursing homes to offer,
1-26     in accordance with an immunization schedule adopted by the board:
1-27                 (1)  pneumococcal vaccine to elderly residents; and
1-28                 (2)  influenza vaccine to elderly residents and to
1-29     staff who are in contact with elderly residents.
1-30           SECTION 2.  Section 242.037, Health and Safety Code, is
1-31     amended by adding Subsection (h) to read as follows:
1-32           (h)  The board shall adopt each rule adopted by the Texas
1-33     Board of Health under Section 161.0051 as part of the rules and
1-34     standards adopted under this chapter that apply to institutions
1-35     serving residents who are elderly persons.
1-36           SECTION 3.  In developing the rules needed to implement the
1-37     provisions of this Act, the Texas Department of Health shall
1-38     coordinate with the Texas Department of Human Services to ensure
1-39     that:
1-40                 (1)  the Texas Department of Health's rules related to
1-41     immunization schedules for nursing home residents and staff are not
1-42     inconsistent with existing federal and state laws and regulations
1-43     related to nursing home infection control programs; and
1-44                 (2)  new nursing facility documentation requirements
1-45     developed by the Texas Department of Health or the Texas Department
1-46     of Human Services resulting from the implementation of this Act are
1-47     developed with nursing home industry input and are promptly
1-48     disseminated to nursing homes upon adoption by the agencies.
1-49           SECTION 4.  This Act takes effect September 1, 1999.
1-50           SECTION 5.  The importance of this legislation and the
1-51     crowded condition of the calendars in both houses create an
1-52     emergency and an imperative public necessity that the
1-53     constitutional rule requiring bills to be read on three several
1-54     days in each house be suspended, and this rule is hereby suspended.
1-55                                  * * * * *