BILL NUMBER: SB 1318	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Wolk

                        FEBRUARY 23, 2012

   An act to amend Section 1288.7 of the Health and Safety Code,
relating to infectious diseases.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1318, as introduced, Wolk. Health facilities: influenza
vaccinations.
   Existing law imposes on the State Department of Public Health
various duties and responsibilities regarding the regulation of
health facilities, including general acute care hospitals, as
defined.
   Existing law requires a general acute care hospital to annually
offer onsite influenza vaccinations, if available, to all hospital
employees. Existing law requires a general acute care hospital to
require its employees to be vaccinated, or if the employee elects not
to be vaccinated, to declare in writing that he or she declined the
vaccination. A violation of these provisions is punishable as a
misdemeanor.
   This bill would extend these vaccination provisions to
contractors, students, volunteers, and other onsite health care
workers affiliated with the hospital, as defined. This bill would
require one of these parties who elects not to be vaccinated to wear
a hospital-provided protective mask, as specified, while serving his
or her duties at the hospital. By expanding the definition of a
crime, this 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.


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

  SECTION 1.  Section 1288.7 of the Health and Safety Code is amended
to read:
   1288.7.   By July 1, 2007, the   The 
department shall require that each general acute care hospital, in
accordance with the Centers for Disease Control guidelines, take all
of the following actions:
   (a)  Annually offer onsite influenza vaccinations, if available,
to all hospital employees  , contractors, students, volunteers,
and all other onsite health care workers affiliated with the hospital
 at no cost to the employee  ,   contractor,
student, volunteer, or other onsite health care worker affiliated
with the hospital  . Each general acute care hospital shall
require its employees  , contractors, students, volunteers, and
other onsite health care workers affiliated with the hospital 
to be vaccinated, or if  the   an  employee
 , contractor, student, volunteer, or other onsite health care
worker affiliated with the hospital  elects not to be
vaccinated, to declare in writing that he or she has declined the
vaccination  . An employee,   contractor, student,
volunteer, or other onsite health care wo   rker affiliated
with the hospital who declines the vaccination shall wear a
hospital-provided surgical or procedural mask, or other mask that
covers the mouth and nose area of the face in order to prevent the
spread of infectious diseases,   while serving his or her
duties at the hospital  .
   (b) Institute respiratory hygiene and cough etiquette protocols,
develop and implement procedures for the isolation of patients with
influenza, and adopt a seasonal influenza plan.
   (c) Revise an existing or develop a new disaster plan that
includes a pandemic influenza component. The plan shall also document
any actual or recommended collaboration with local, regional, and
state public health agencies or officials in the event of an
influenza pandemic. 
   (d) For purposes of this section, "health care worker affiliated
with the hospital" means a person who is either a volunteer or is
employed by, paid by, receives credit from, or any other form of
compensation from the acute care hospital. Health care workers
include, but are not limited to, physicians, nurses, nursing
assistants, therapists, technicians, emergency medical service
personnel, dental personnel, pharmacists, laboratory personnel,
autopsy personnel, students and trainees, contractual staff not
employed by the health care facility, and persons not directly
involved in patient care but potentially exposed to infectious agents
that can be transmitted to and from health care workers and
patients. 
  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.