Bill Text: CA AB689 | 2013-2014 | Regular Session | Amended

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Bill Title: Health facilities: influenza.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB689 Detail]

Download: California-2013-AB689-Amended.html

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BILL NUMBER: AB 689	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 8, 2013
	AMENDED IN ASSEMBLY  MARCH 20, 2013

INTRODUCED BY   Assembly Member Bonta

                        FEBRUARY 21, 2013

   An act to add Section  1250.12   120392.10
 to the Health and Safety Code, relating to health facilities.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 689, as amended, Bonta. Health facilities: influenza.
   Under existing law, the State Department of Public Health licenses
and regulates various types of health facilities, including general
acute care hospitals.  A violation of these provisions is a
crime, as specified.  
   Existing law requires a general acute care hospital to offer, each
year, commencing October 1 to the following April 1, inclusive,
prior to discharge, immunizations for influenza and pneumococcal
disease to inpatients, 65 years of age or older, based upon the adult
immunization recommendations of the Advisory Committee on
Immunization Practices of the federal Centers for Disease Control and
Prevention, and the recommendations of appropriate entities for the
prevention, detection, and control of influenza outbreaks in
California general acute care hospitals, pursuant to the hospital's
standardized procedures and if the hospital has the vaccine in its
possession. 
   This bill would require each general acute care hospital  to
offer onsite vaccinations for influenza to all inpatients prior to
discharge,  annually, beginning no later than October 1 and
ending on the following April 1, except when there is a 
national   state  vaccine shortage or when a
physician does not recommend that the patient receive an influenza
vaccine due to potential health hazards  , to offer onsite
vaccinations for influenza to all patients at discharge  ,
pursuant to the  standardized  procedures of the hospital
and in accordance with the recommendations of the Advisory Committee
on Immunization Practices of the  federal  Centers for
Disease Control and Prevention of the United States Department of
Health and Human Services, as  the recommendations exist and
are annually updated, if applicable, on January 1 of the year in
which the vaccine is offered   specified  . 
The bill would also require   a general acute care hospital
that offers vaccinations pursuant to this provision to inform each
inpatient that he or she may be required to pay for the cost of the
vaccination.  
   Because the bill would create a new crime, the bill would impose a
state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section  1250.12   120392.10 
is added to the Health and Safety Code, to read: 
   1250.12.  In order to prevent, detect, and control influenza
outbreaks 
    120392.10.    (a)     Pursuant to
its standardized procedures and if it has the vaccine in its
possession  , each general acute care hospital,  as defined
in subdivision (a) of Section 1250,  shall annually, beginning
no later than October 1 and ending on the following April 1, except
when there is a  national   state  vaccine
shortage or when a physician does not recommend that the patient
receive an influenza vaccine due to potential health hazards, offer
 prior to discharge  onsite vaccinations for influenza to
all  patients   at discharge, pursuant to
the procedures of the facility and   inpatients  in
accordance with the recommendations of the Advisory Committee on
Immunization Practices of the Centers for Disease Control and
Prevention of the United States Department of Health and Human
Services,    and   the recommendations of
appropriate entities for the prevention, detection, and control of
  influenza outbreaks in California general acute care
hospitals  as the recommendations exist and are annually
updated, if applicable, on January 1 of the year in which the vaccine
is offered. Nothing in this section shall be construed to require a
hospital to cover the cost of a vaccination provided pursuant to this
section. 
   (b) A general acute care hospital that offers vaccinations
pursuant to subdivision (a) shall inform each inpatient that he or
she may be required to pay for the cost of the vaccination. 

  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.