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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BARRAR, BOBACK, D. COSTA, FLECK, GEIST, GEORGE, HORNAMAN, RAPP, ROCK, STABACK AND VULAKOVICH, FEBRUARY 14, 2011 |
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| REFERRED TO COMMITTEE ON INSURANCE, FEBRUARY 14, 2011 |
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| AN ACT |
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1 | Amending the act of March 20, 2002 (P.L.154, No.13), entitled |
2 | "An act reforming the law on medical professional liability; |
3 | providing for patient safety and reporting; establishing the |
4 | Patient Safety Authority and the Patient Safety Trust Fund; |
5 | abrogating regulations; providing for medical professional |
6 | liability informed consent, damages, expert qualifications, |
7 | limitations of actions and medical records; establishing the |
8 | Interbranch Commission on Venue; providing for medical |
9 | professional liability insurance; establishing the Medical |
10 | Care Availability and Reduction of Error Fund; providing for |
11 | medical professional liability claims; establishing the Joint |
12 | Underwriting Association; regulating medical professional |
13 | liability insurance; providing for medical licensure |
14 | regulation; providing for administration; imposing penalties; |
15 | and making repeals," providing for vaccinations policies at |
16 | general acute care hospitals. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 402 of the act of March 20, 2002 |
20 | (P.L.154, No.13), known as the Medical Care Availability and |
21 | Reduction of Error (Mcare) Act, is amended by adding a |
22 | definition to read: |
23 | Section 402. Definitions. |
24 | The following words and phrases when used in this chapter |
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1 | shall have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | * * * |
4 | "General acute care hospital." The term shall have the same |
5 | meaning as given to it in section 801-E of the act of June 13, |
6 | 1967 (P.L.31, No.21), known as the Public Welfare Code. |
7 | * * * |
8 | Section 2. Section 403 of the act is amended by adding a |
9 | subsection to read: |
10 | Section 403. Infection control plan. |
11 | * * * |
12 | (a.1) General acute care hospital.--Within 120 days of the |
13 | effective date of this subsection, a general acute care hospital |
14 | shall, in accordance with department guidelines and the Centers |
15 | for Disease Control and Prevention guidelines and, if supplies |
16 | of vaccines are available, implement a policy that requires its |
17 | employees to receive influenza vaccinations or, if the employee |
18 | elects not to be vaccinated, to declare in writing that he or |
19 | she has declined the vaccination. |
20 | * * * |
21 | Section 3. Section 408 of the act is amended by adding a |
22 | paragraph to read: |
23 | Section 408. Duties of Department of Health. |
24 | The department is responsible for the following: |
25 | * * * |
26 | (4.1) The development of guidelines for general acute |
27 | care hospitals to, in accordance with the Centers for Disease |
28 | Control and Prevention guidelines and if supplies of vaccines |
29 | are available, require employees to receive influenza |
30 | vaccinations or, if the employee elects not to be vaccinated, |
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1 | to declare in writing that he or she has declined the |
2 | vaccination. |
3 | * * * |
4 | Section 4. This act shall take effect in 90 days. |
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