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.