Bill Text: TX SB1177 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the adoption by health care facilities of a policy on vaccine preventable diseases; imposing penalties.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB1177 Detail]
Download: Texas-2011-SB1177-Engrossed.html
By: Nelson | S.B. No. 1177 |
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relating to the adoption by health care facilities of a policy on | ||
vaccine preventable diseases; imposing penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subtitle A, Title 4, Health and | ||
Safety Code, is amended to read as follows: | ||
SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING | ||
HEALTH FACILITIES | ||
SECTION 2. Subtitle A, Title 4, Health and Safety Code, is | ||
amended by adding Chapter 224 to read as follows: | ||
CHAPTER 224. POLICY ON VACCINE PREVENTABLE DISEASES | ||
Sec. 224.001. DEFINITIONS. In this chapter: | ||
(1) "Health care facility" means: | ||
(A) a facility licensed under Subtitle B of this | ||
title, including a hospital as defined by Section 241.003; or | ||
(B) a hospital maintained or operated by this | ||
state. | ||
(2) "Employee" includes: | ||
(A) an individual providing direct patient care | ||
pursuant to a contract with a health care facility; and | ||
(B) an individual to whom a health care facility | ||
has granted privileges to provide direct patient care. | ||
(3) "Regulatory authority" means a state agency that | ||
regulates a health care facility under this code. | ||
(4) "Vaccine preventable diseases" means the diseases | ||
included in the most current recommendations of the Advisory | ||
Committee on Immunization Practices of the Centers for Disease | ||
Control and Prevention. | ||
Sec. 224.002. VACCINE PREVENTABLE DISEASES POLICY | ||
REQUIRED. (a) Each health care facility shall develop and | ||
implement a policy to protect its patients from vaccine preventable | ||
diseases. | ||
(b) The policy must: | ||
(1) require the employees of the health care facility | ||
to receive vaccines for the vaccine preventable diseases specified | ||
by the facility based on the level of risk the employee presents to | ||
patients by the employee's routine and direct exposure to patients; | ||
(2) specify the vaccines a health care facility | ||
employee is required to receive based on the level of risk the | ||
employee presents to patients by the employee's routine and direct | ||
exposure to patients; | ||
(3) include procedures for verifying whether a health | ||
care facility employee has complied with the policy; | ||
(4) include procedures for a health care facility | ||
employee to be exempt from the required vaccines for medical | ||
reasons; | ||
(5) for a health care facility employee who is exempt | ||
from the required vaccines, include procedures the employee must | ||
follow to protect facility patients from exposure to disease, such | ||
as wearing a mask, based on the level of risk the employee presents | ||
to patients by the employee's routine and direct exposure to | ||
patients; | ||
(6) require the health care facility to maintain a | ||
written or electronic record of each health care facility | ||
employee's compliance with or exemption from the policy; and | ||
(7) include disciplinary actions the health care | ||
facility is authorized to take against a health care facility | ||
employee who fails to comply with the policy. | ||
(c) The policy may include procedures for a health care | ||
facility employee to be exempt from the required vaccines based on | ||
reasons of conscience, including a religious belief. | ||
Sec. 224.003. DISASTER EXEMPTION. (a) In this section, | ||
"public health disaster" has the meaning assigned by Section | ||
81.003. | ||
(b) During a public health disaster, a health care facility | ||
may prohibit an employee who is exempt from the vaccines required in | ||
the policy developed by the facility under Section 224.002 from | ||
having contact with facility patients. | ||
Sec. 224.004. DISCIPLINARY ACTION. A health care facility | ||
that violates this chapter is subject to an administrative or civil | ||
penalty in the same manner, and subject to the same procedures, as | ||
if the facility had violated a provision of this code that | ||
specifically governs the facility. | ||
Sec. 224.005. RULES. The appropriate rulemaking authority | ||
for each regulatory authority shall adopt rules necessary to | ||
implement this chapter. | ||
SECTION 3. Not later than June 1, 2012, a state agency that | ||
regulates a health care facility subject to Chapter 224, Health and | ||
Safety Code, as added by this Act, shall adopt the rules necessary | ||
to implement that chapter. | ||
SECTION 4. Notwithstanding Chapter 224, Health and Safety | ||
Code, as added by this Act, a health care facility subject to that | ||
chapter is not required to have a policy on vaccine preventable | ||
diseases in effect until September 1, 2012. | ||
SECTION 5. This Act takes effect September 1, 2011. |