BILL NUMBER: AB 2009 CHAPTERED
BILL TEXT
CHAPTER 443
FILED WITH SECRETARY OF STATE SEPTEMBER 22, 2012
APPROVED BY GOVERNOR SEPTEMBER 22, 2012
PASSED THE SENATE AUGUST 21, 2012
PASSED THE ASSEMBLY AUGUST 24, 2012
AMENDED IN SENATE AUGUST 16, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN SENATE MAY 31, 2012
AMENDED IN ASSEMBLY MAY 3, 2012
AMENDED IN ASSEMBLY APRIL 16, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
AMENDED IN ASSEMBLY MARCH 19, 2012
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 23, 2012
An act to add Section 120392.3 to, and to repeal Section 104900
of, the Health and Safety Code, relating to communicable disease.
LEGISLATIVE COUNSEL'S DIGEST
AB 2009, Galgiani. Communicable disease: 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 eliminate the priority order described above. The
bill would allow the department to provide guidance to local agencies
as to whether one or more population groups are to have priority for
the flu vaccine offered through this program, as specified. The bill
would exempt these provisions from the Administrative Procedure Act.
The bill would require, in the absence of department guidance, local
agencies to be guided by the influenza recommendations of the
federal Centers for Disease Control and Prevention's Advisory
Committee on Immunization Practices. This bill would authorize the
department to also provide appropriate vaccine that prevents other
respiratory infections to local government or private nonprofit
agencies. The bill would eliminate provisions requiring the vaccine
to be administered by physicians and nurses, as specified. The bill
would make findings and declarations regarding the transmission of
influenza by children to adults and the elderly.
Existing law immunizes a private, nonprofit volunteer agency whose
involvement with the above-described immunization program is limited
to the provision of a clinic site or promotional and logistical
support, as specified, or any employee or member thereof, from
liability for any injury caused by an act or omission in the
administration of the vaccine or other immunizing agent to certain
persons, if specified conditions are met.
This bill would extend the immunity provided to a private,
nonprofit volunteer agency, as described above, to circumstances when
the vaccine or other immunizing agent is administered to any person.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) The federal Centers for Disease Control and Prevention (CDC)
recommend annual seasonal influenza vaccination for all persons six
months of age and older.
(b) Current law related to prioritization for influenza vaccines
is outdated and needs to be updated to reflect current CDC
recommendations.
(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.
(d) Eligible low-income and uninsured children can access vaccine
at no cost through the federally funded Vaccines for Children (VFC)
Program.
SEC. 2. Section 104900 of the Health and Safety Code is repealed.
SEC. 3. Section 120392.3 is added to the Health and Safety Code,
to read:
120392.3. (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. 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) In administering this section, the department may provide
guidance to local agencies as to whether one or more population
groups shall have priority for the flu vaccine offered through this
program. In developing this guidance, the department shall consider
the influenza recommendations of the federal Centers for Disease
Control and Prevention's Advisory Committee on Immunization Practices
(ACIP) or other criteria in order to ensure that the vaccination
program is efficient and effective in meeting public health goals.
Any guidance issued pursuant to this subdivision shall be exempt from
the rulemaking provisions of the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code). In the absence of guidance from
the department, local agencies shall be guided by the influenza
recommendations of the ACIP.
(c) The department may provide appropriate vaccine that prevents
other respiratory infections 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 ACIP.
(d) The program shall be designed to 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.
(e) Except when the department determines that it is not feasible
to use federal funds due to excessive administrative costs, the
department shall seek and 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.
(f) 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, 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) This section shall not be construed to require the physical
presence of a directing or supervising physician, or the examination
by a physician of persons to be tested or immunized.