BILL NUMBER: AB 106	CHAPTERED  10/10/07

	CHAPTER  378
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2007
	APPROVED BY GOVERNOR  OCTOBER 10, 2007
	PASSED THE SENATE  SEPTEMBER 5, 2007
	PASSED THE ASSEMBLY  JUNE 5, 2007
	AMENDED IN ASSEMBLY  JUNE 1, 2007

INTRODUCED BY   Assembly Member Berg
   (Coauthors: Assembly Members Bass, Beall, DeVore, Hancock,
Hayashi, Horton, Krekorian, Lieber, Ma, Salas, and Wolk)

                        JANUARY 4, 2007

   An act to add Section 120392.9 to the Health and Safety Code,
relating to immunizations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 106, Berg. Immunizations.
   Under existing law, the State Department of Health Services is
responsible for the licensure and regulation of health facilities,
including general acute care hospitals, as defined.
   Under existing law, the department also has responsibilities
relating to the prevention and control of communicable diseases by
various means, including requiring immunization by vaccine for
various populations.
   Existing law requires a skilled nursing facility, an intermediate
care facility, or a nursing facility, as defined, to offer
immunizations for influenza and pneumococcal disease to its
residents, aged 65 years or older, between October 1 and April 1 of
each year, and to offer pneumococcal vaccine to all new admittees.
The facility is required to be reimbursed the standard Medi-Cal rate
for vaccines provided to Medi-Cal recipients, except under specified
circumstances. Existing law requires the facility to obtain informed
consent for the immunization services from the resident or, if the
person lacks the capacity to make medical decisions, for the person
legally authorized to make medical decisions on the resident's
behalf.
   This bill would require a general acute care hospital, pursuant to
its own standardized procedures and if it has the vaccine in its
possession, each year, commencing October 1 to the following April 1,
inclusive, to offer, prior to discharge, immunizations for influenza
and pneumococcal disease to its inpatients, aged 65 years or older.



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

  SECTION 1.  Section 120392.9 is added to the Health and Safety
Code, to read:
   120392.9.  Pursuant to its standardized procedures and if it has
the vaccine in its possession, each year, commencing October 1 to the
following April 1, inclusive, a general acute care hospital, as
defined in subdivision (a) of Section 1250, shall offer, prior to
discharge, immunizations for influenza and pneumococcal disease to
inpatients, aged 65 years 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.