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AN ACT
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relating to requiring the Department of State Health Services to |
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allow health care providers to use certain vaccines in the vaccines |
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for children program and to the procurement of those vaccines. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0102 to read as follows: |
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Sec. 161.0102. VACCINES FOR CHILDREN PROGRAM; INFLUENZA |
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VACCINES. (a) In this section, "vaccines for children program" |
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means the program operated by the department under authority of 42 |
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U.S.C. Section 1396s, as amended. |
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(b) The department shall allow each health care provider |
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participating in the vaccines for children program to: |
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(1) select influenza vaccines from the list of all |
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influenza vaccines that: |
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(A) are approved by the United States Food and |
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Drug Administration and recommended by the federal Advisory |
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Committee on Immunization Practices; and |
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(B) are either: |
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(i) within the limits of the vaccines |
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annually allocated by the Centers for Disease Control and |
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Prevention of the United States Public Health Service to the |
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department for the vaccines for children program; or |
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(ii) not offered in the annual allocation |
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under Subparagraph (i), but are available from the Centers for |
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Disease Control and Prevention of the United States Public Health |
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Service and for which the Centers for Disease Control and |
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Prevention awards to the department additional funds; and |
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(2) use both inactivated influenza vaccines and live, |
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attenuated influenza vaccines. |
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SECTION 2. Subchapter A, Chapter 161, Health and Safety |
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Code, is amended by adding Section 161.0103 to read as follows: |
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Sec. 161.0103. VACCINES FOR CHILDREN PROGRAM; EQUIVALENT |
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VACCINES. (a) In this section: |
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(1) "Vaccines for children program" means the program |
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operated by the department under authority of 42 U.S.C. Section |
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1396s. |
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(2) "Equivalent vaccines" means two or more vaccines, |
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excluding the influenza vaccine, that protect a recipient of a |
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vaccine against the same infection or infections, that require the |
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same number of doses, and that have similar safety and efficacy |
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profiles and which are recommended for comparable populations. |
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(b) Except as provided by Subsection (d), where two or more |
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manufacturers produce equivalent vaccines, the department shall |
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procure an equal supply of the vaccine from each manufacturer. |
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(c) An equivalent vaccine must be: |
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(1) approved by the United States Food and Drug |
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Administration; |
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(2) recommended by the federal Advisory Committee on |
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Immunization Practices; and |
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(3) made available to the department by the Centers |
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for Disease Control and Prevention of the United States Public |
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Health Service. |
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(d) The department shall procure an equal supply of each |
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equivalent vaccine under Subsection (b) only if the cost to the |
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department of providing each equivalent vaccine is not more than |
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110 percent of the lowest-priced equivalent vaccine. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ ______________________________ |
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President of the Senate Speaker of the House |
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I hereby certify that S.B. No. 811 passed the Senate on |
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April 19, 2007, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendments on May 18, 2007, by the |
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following vote: Yeas 29, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 811 passed the House, with |
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amendments, on May 15, 2007, by the following vote: Yeas 140, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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______________________________ |
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Date |
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______________________________ |
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______________________________ |
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Governor |