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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption by health care facilities of a policy on |
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vaccine preventable diseases; imposing penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subtitle A, Title 4, Health and |
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Safety Code, is amended to read as follows: |
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SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING |
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HEALTH FACILITIES |
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SECTION 2. Subtitle A, Title 4, Health and Safety Code, is |
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amended by adding Chapter 224 to read as follows: |
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CHAPTER 224. POLICY ON VACCINE PREVENTABLE DISEASES |
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Sec. 224.001. DEFINITIONS. In this chapter: |
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(1) "Health care facility" means: |
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(A) a facility licensed under Subtitle B of this |
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title, including a hospital as defined by Section 241.003; or |
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(B) a hospital maintained or operated by this |
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state. |
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(2) "Employee" includes: |
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(A) an individual providing direct patient care |
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pursuant to a contract with a health care facility; and |
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(B) an individual to whom a health care facility |
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has granted privileges to provide direct patient care. |
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(3) "Regulatory authority" means a state agency that |
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regulates a health care facility under this code. |
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(4) "Vaccine preventable diseases" means the diseases |
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included in the most current recommendations of the Advisory |
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Committee on Immunization Practices of the Centers for Disease |
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Control and Prevention. |
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Sec. 224.002. VACCINE PREVENTABLE DISEASES POLICY |
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REQUIRED. (a) Each health care facility shall develop and |
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implement a policy to protect its patients from vaccine preventable |
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diseases. |
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(b) The policy must: |
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(1) require the employees of the health care facility |
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to receive vaccines for the vaccine preventable diseases specified |
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by the facility based on the level of risk the employee presents to |
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patients by the employee's routine and direct exposure to patients; |
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(2) specify the vaccines a health care facility |
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employee is required to receive based on the level of risk the |
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employee presents to patients by the employee's routine and direct |
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exposure to patients; |
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(3) include procedures for verifying whether a health |
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care facility employee has complied with the policy; |
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(4) include procedures for a health care facility |
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employee to be exempt from the required vaccines for medical |
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reasons; |
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(5) for a health care facility employee who is exempt |
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from the required vaccines, include procedures the employee must |
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follow to protect facility patients from exposure to disease, such |
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as wearing a mask, based on the level of risk the employee presents |
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to patients by the employee's routine and direct exposure to |
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patients; |
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(6) require the health care facility to maintain a |
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written or electronic record of each health care facility |
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employee's compliance with or exemption from the policy; and |
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(7) include disciplinary actions the health care |
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facility is authorized to take against a health care facility |
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employee who fails to comply with the policy. |
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(c) The policy may include procedures for a health care |
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facility employee to be exempt from the required vaccines based on |
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reasons of conscience, including a religious belief. |
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Sec. 224.003. DISASTER EXEMPTION. (a) In this section, |
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"public health disaster" has the meaning assigned by Section |
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81.003. |
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(b) During a public health disaster, a health care facility |
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may prohibit an employee who is exempt from the vaccines required in |
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the policy developed by the facility under Section 224.002 from |
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having contact with facility patients. |
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Sec. 224.004. DISCIPLINARY ACTION. A health care facility |
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that violates this chapter is subject to an administrative or civil |
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penalty in the same manner, and subject to the same procedures, as |
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if the facility had violated a provision of this code that |
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specifically governs the facility. |
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Sec. 224.005. RULES. The appropriate rulemaking authority |
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for each regulatory authority shall adopt rules necessary to |
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implement this chapter. |
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SECTION 3. Not later than June 1, 2012, a state agency that |
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regulates a health care facility subject to Chapter 224, Health and |
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Safety Code, as added by this Act, shall adopt the rules necessary |
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to implement that chapter. |
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SECTION 4. Notwithstanding Chapter 224, Health and Safety |
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Code, as added by this Act, a health care facility subject to that |
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chapter is not required to have a policy on vaccine preventable |
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diseases in effect until September 1, 2012. |
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SECTION 5. This Act takes effect September 1, 2011. |