By: Nelson  S.B. No. 1328
         (In the Senate - Filed March 4, 2009; March 17, 2009, read
  first time and referred to Committee on Health and Human Services;
  April 6, 2009, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 6, 2009,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1328 By:  Nelson
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a study on the feasibility of providing vaccines to
  first responders deployed to a disaster area.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  In this Act:
               (1)  "Department" means the Department of State Health
  Services.
               (2)  "Disaster" means:
                     (A)  a public health disaster as defined by
  Section 81.003, Health and Safety Code;
                     (B)  a natural or man-made disaster;
                     (C)  a terrorist attack;
                     (D)  a hostile military or paramilitary action;
                     (E)  an extraordinary law enforcement emergency;
  or
                     (F)  any other state of disaster declared under
  Chapter 418, Government Code.
               (3)  "First responder" has the meaning assigned by
  Section 421.095, Government Code.
         (b)  The department shall conduct a study to determine the
  feasibility of providing vaccines to:
               (1)  a first responder who may be exposed to
  vaccine-preventable diseases during the responder's deployment to
  a disaster area; and
               (2)  the immediate family members of a first responder
  to whom the first responder may transmit a vaccine-preventable
  disease after deployment to a disaster area.
         (c)  The study must consider the feasibility of providing the
  following vaccines:
               (1)  the hepatitis B vaccine for first responders who
  may be in direct contact with blood and other bodily fluids;
               (2)  a tetanus-containing vaccine; and
               (3)  other vaccines or biologicals recommended by the
  Centers for Disease Control and Prevention for disasters.
         (d)  The department shall:
               (1)  assess the vaccination status of first responders
  and their immediate family members in this state;
               (2)  assess workplace immunization policies and
  insurance coverage for first responders;
               (3)  make recommendations on educating first
  responders and their immediate family members about available
  options to obtain immunization services, regardless of insurance
  coverage;
               (4)  assess the current ability of the department, in
  conjunction with local health departments, to provide vaccines to
  first responders and their immediate family members who are
  uninsured or underinsured;
               (5)  identify and recommend funding sources for the
  procurement of recommended vaccines for first responders and their
  immediate family members who are uninsured or underinsured; and
               (6)  evaluate the potential use and cost of providing
  other biologicals, such as immune globulin, to be used in
  conjunction with vaccines to prevent the spread of
  vaccine-preventable diseases.
         (e)  The statewide wellness coordinator designated under
  Subsection (a), Section 664.053, Government Code, shall assist the
  department in obtaining data from state agencies that employ first
  responders by:
               (1)  consulting with the wellness liaison identified
  under Subsection (d), Section 664.053, Government Code, for a state
  agency that employs first responders to gain study-related
  information from the state agency;
               (2)  assessing the readiness of each state agency to
  administer vaccines to the agency's first responders before
  deployment to a disaster area; and
               (3)  providing to the department appropriate
  information from state agencies regarding the current immunization
  policies of those agencies.
         (f)  A state agency that provides data to the department for
  purposes of the study shall ensure that the data does not identify a
  first responder or family member of a first responder to whom the
  data pertains.
         (g)  Not later than August 1, 2011, the department shall
  submit to the legislature a written report containing the findings
  of the study and the department's recommendations.
         (h)  This section expires September 1, 2011.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.
 
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