79R454 JTS-F

By:  Coleman                                                      H.B. No. 1969



A BILL TO BE ENTITLED

AN ACT

relating to the immunization of elderly persons by certain health 
care facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 161, Health and Safety 
Code, is amended by adding Section 161.0052 to read as follows:
	Sec. 161.0052.  IMMUNIZATION OF ELDERLY PERSONS BY HOSPITALS 
AND ONGOING CARE FACILITIES.  (a)  In this section:
		(1)  "Elderly person" means a person who is 65 years of 
age or older.
		(2)  "Hospital" has the meaning assigned by Section 
241.003.         
		(3)  "Ongoing care facility" means a health care 
facility that provides ongoing medical care to elderly persons, 
including:
			(A)  a physician's office;                                            
			(B)  a public health clinic;                                          
			(C)  a hemodialysis center;                                           
			(D)  a hospital specialty-care clinic; and                            
			(E)  an outpatient rehabilitation center.                             
	(b)  The executive commissioner of the Health and Human 
Services Commission by rule shall require a hospital to inform each 
elderly person admitted to the hospital for a period of 24 hours or 
more that the pneumococcal and influenza vaccines are available.  
If the elderly person requests a vaccine, the hospital must make the 
vaccination available to the person before the person is discharged 
from the hospital.
	(c)  The executive commissioner of the Health and Human 
Services Commission by rule shall require an ongoing care facility 
to offer, to the extent possible as determined by the facility, the 
opportunity to receive the pneumococcal and influenza vaccines to 
each elderly person who receives ongoing care at the facility.  If 
the facility decides it is not feasible to offer the vaccine, the 
facility must provide the person with information on other options 
for obtaining the vaccine.
	(d)  Rules adopted under this section must require that:                
		(1)  a hospital or ongoing care facility:                              
			(A)  offer the influenza vaccine in October and 
November, and if the vaccine is available, December; and
			(B)  offer the pneumococcal vaccine year-round; 
and                 
		(2)  a person administering a vaccine:                                 
			(A)  ask whether the elderly person is currently 
vaccinated against the influenza virus or pneumococcal disease, as 
appropriate;
			(B)  administer the vaccine under 
institution-approved or physician-approved protocols after making 
an assessment for contraindications; and
			(C)  permanently document the vaccination in the 
elderly person's medical records.
	(e)  In adopting rules under this section, the executive 
commissioner of the Health and Human Services Commission shall 
consider the recommendations of the Advisory Committee on 
Immunization Practices of the Centers for Disease Control and 
Prevention.
	(f)  Rules adopted under this section may consider the 
potential for a shortage of a vaccine.
	(g)  The department shall make available to hospitals and 
ongoing care facilities educational and informational materials 
concerning vaccination against influenza virus and pneumococcal 
disease.
	SECTION 2.  This Act takes effect September 1, 2005.