BILL NUMBER: AB 2009 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 29, 2012
AMENDED IN ASSEMBLY MARCH 19, 2012
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 23, 2012
An act to amend Section 104900 of the Health and Safety Code,
relating to communicable disease.
LEGISLATIVE COUNSEL'S DIGEST
AB 2009, as amended, Galgiani. Communicable disease: influenza
vaccinations.
Under existing law, the State Department of Public Health
administers various programs for the protection of public health. The
department provides a biennial report to the Legislature on the
immunization status of young children in California.
Existing law requires the State Department of Public Health to
provide appropriate flu vaccine to local governmental or private
nonprofit agencies at no charge in order that the agencies may
provide the vaccine, at a minimal cost, at accessible locations in
the order of priority first for all persons 60 years of age or older
in this state and then to any other high-risk groups identified by
the United States Public Health Service. The department and the
California Department of Aging are required to prepare, publish, and
disseminate information regarding the availability of the vaccine and
the effectiveness of the vaccine in protecting the health of older
persons.
This bill would include persons who are not more than 18 years of
age among those who have priority to receive the vaccine. The bill
would make findings and declarations regarding the transmission of
influenza by children to adults and the elderly.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) School-based influenza vaccine programs help protect public
health by reducing the spread of influenza in the community.
(b) Pandemic preparedness is enhanced through the implementation
of a school-located influenza vaccination program in the state.
(c)
(a) The federal Centers for Disease Control and
Prevention (CDC) recommend annual seasonal influenza vaccination for
all persons six months of age and older.
(d)
(b) Current law related to prioritization for influenza
vaccines is outdated and needs to be updated to reflect current CDC
recommendations.
(e)
(c) Children have the highest rates of influenza
infection and schoolaged children are the major vectors for influenza
transmission that spread the virus to adults and the elderly in the
community.
(f)
(d) Eligible low-income and uninsured children can
access vaccine at no cost through the federally funded Vaccines for
Children (VFC) Program.
(g) Currently, school districts are restricted when seeking
reimbursement from Medi-Cal for influenza vaccinations administered
in schools.
(h) Currently, limits exist on the ability of a school district to
become a VFC provider in order to obtain influenza vaccine.
(i) It is, therefore, the intent of the Legislature that the State
Department of Health Care Services make it a priority to amend
California's Medicaid State Plan Amendment to accomplish various
goals to enhance Medi-Cal services provided at schoolsites, including
a mechanism to defray the cost of school-based influenza vaccine
programs.
(j) In addition, it is the intent of the Legislature that the
State Department of Public Health develop a plan, in coordination
with local public health officers, to authorize school districts to
receive influenza vaccine through the federally funded VFC Program.
SEC. 2. Section 104900 of the Health and Safety Code is amended to
read:
104900. (a) The department shall provide appropriate flu vaccine
to local governmental or private nonprofit agencies at no charge in
order that the agencies may provide the vaccine, at a minimal cost,
at accessible locations in the order of priority first, for all
persons who are not more than 18 years of age and persons who are at
least 60 years of age in this state and then to any other high-risk
groups identified by the United States Public Health Service. The
department and the California Department of Aging shall prepare,
publish, and disseminate information regarding the availability of
the vaccine and the effectiveness of the vaccine in protecting the
health of older persons.
(b) The department may provide appropriate pneumonia vaccine to
local governmental or private nonprofit agencies at no charge in
order that the agencies may provide the vaccine, at a minimal cost,
at accessible locations for groups identified as high risk by the
United States Public Health Service.
(c) The program shall be designed to utilize
use voluntary assistance from public or private sectors in
administering the vaccines. However, local governmental or private
nonprofit agencies may charge and retain a fee not exceeding two
dollars ($2) per person to offset administrative operating costs.
(d) Except when the department determines that it is not feasible
to utilize use federal funds due to
excessive administrative costs, the department shall seek and
utilize use available federal funds to
the maximum extent possible for the cost of the vaccine, the cost of
administering the vaccine , and the minimal fee charged
under this section, including reimbursement under the Medi-Cal
program for persons eligible therefor to the extent permitted by
federal law.
(e) Administration of the vaccine shall be performed
either by a physician, a registered nurse, or a licensed
vocational nurse acting within the scope of their professional
practice acts. The physician under whose direction the registered
nurse or a licensed vocational nurse is acting shall require the
nurse to satisfactorily demonstrate familiarity with (1)
contraindication for the administration of such immunizing agents,
(2) treatment of possible anaphylactic reactions, and (3) the
administration of treatment , and reactions to
such immunizing agents.
(f) No A private
nonprofit volunteer agency whose involvement with an immunization
program governed by this section is limited to the provision of a
clinic site or promotional and logistical support pursuant to
subdivision (c), or any employee or member thereof, shall not
be liable for any injury caused by an act or omission in the
administration of the vaccine or other immunizing agent to a person
60 years of age or older or to members of high-risk groups identified
by the United States Public Health Service, if the immunization is
performed pursuant to this section in conformity with applicable
federal, state, or local governmental standards and the act or
omission does not constitute willful misconduct or gross negligence.
As used in this subdivision, "injury" includes the residual effects
of the vaccine or other immunizing agent. It is the intent of the
Legislature in adding this subdivision to affect only the liability
of private , nonprofit volunteer agencies and
their members that are not health facilities as defined in Section
1250.
(g) Nothing in this This section
shall not be construed to require physical presence of a
directing or supervising physician, or the examination by a physician
of persons to be tested or immunized.