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S.B. No. 1330
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, END STAGE RENAL DISEASE FACILITIES, AND PHYSICIANS'
OFFICES. (a) In this section:
(1) "Elderly person" means a person who is 65 years of
age or older.
(2) "End stage renal disease facility" has the meaning
assigned by Section 251.001.
(3) "Hospital" has the meaning assigned by Section
241.003.
(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, and if a physician, or an
advanced nurse practitioner or physician assistant on behalf of a
physician, determines that the vaccine is in the person's best
interest, 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 end stage renal
disease 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 a physician, or an advanced nurse practitioner or
physician assistant on behalf of a physician, determines that the
vaccine is in the person's best interest. 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) The Texas State Board of Medical Examiners by rule shall
require a physician responsible for the management of a physician's
office that provides ongoing medical care to elderly persons to
offer, to the extent possible as determined by the physician, the
opportunity to receive the pneumococcal and influenza vaccines to
each elderly person who receives ongoing care at the office. If the
physician decides it is not feasible to offer the vaccine, the
physician must provide the person with information on other options
for obtaining the vaccine.
(e) Rules adopted under this section must require that:
(1) a hospital, end stage renal disease facility, or
physician's office:
(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.
(f) In adopting rules under this section, the executive
commissioner of the Health and Human Services Commission and the
Texas State Board of Medical Examiners shall consider the
recommendations of the Advisory Committee on Immunization
Practices of the Centers for Disease Control and Prevention.
(g) Rules adopted under this section may consider the
potential for a shortage of a vaccine.
(h) The department shall make available to hospitals and end
stage renal disease facilities, and the Texas State Board of
Medical Examiners shall make available to physicians' offices,
educational and informational materials concerning vaccination
against influenza virus and pneumococcal disease.
SECTION 2. This Act takes effect September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1330 passed the Senate on
April 14, 2005, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 23, 2005, by a
viva-voce vote.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1330 passed the House, with
amendments, on May 17, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor