BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1318
                                                                  Page  1

          Date of Hearing:  June 26, 2012

                            ASSEMBLY COMMITTEE ON HEALTH
                              William W. Monning, Chair
                     SB 1318 (Wolk) - As Amended:  June 14, 2012

           SENATE VOTE :  23-9
           
          SUBJECT  :  Health facilities: flu vaccinations.

           SUMMARY  :  Requires licensed clinics and licensed health care 
          facilities, commencing on January 1, 2015, to require onsite 
          health care workers affiliated with the clinic and health care 
          facility and persons with privileges on the medical staff to 
          either annually receive an influenza (flu) vaccination or, as an 
          alternative wear a clinic and health facility-provided surgical 
          or procedural mask, as specified, while performing their duties 
          in any patient care area during the flu season, as defined.  
          Specifically,  this bill  :  

          1)Declares that mandatory mask-wearing policies for health care 
            workers who have not been immunized have proven effective to 
            increase vaccination rates in health care workers.  States 
            that while studies have not yet proven that masking is 
            effective to protect transmission of flu in the asymptomatic 
            phase of the flu illness, wearing a mask has proven effective 
            in preventing the transmission of other respiratory pathogens.

          2)Requires clinics and health care facilities to institute 
            measures designed to maximize flu vaccination rates and to 
            prevent persons with privileges on the medical staff and 
            onsite health care workers affiliated with the clinic from 
            contracting and transmitting to patients the flu virus.  
            States that these measures shall include, but not be limited 
            to, aerosol transmissible diseases training (ATD), as 
            specified.

          3)Requires clinics and health care facilities to annually offer 
            employees onsite flu vaccinations, if available, at no cost to 
            the employee.

          4)Requires clinics and health care facilities to require all 
            onsite health care workers affiliated with the clinic and 
            health care facility and persons with privileges on the 
            medical staff to either annually receive a flu vaccination or, 








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            as an alternative wear a clinic- and health care 
            facility-provided surgical or procedural mask, or other mask 
            that covers the mouth and nose area of the face, while 
            performing his or her duties in any patient care area of the 
            clinic and health care facility during the flu season, as 
            defined by the State Health Officer or a local health officer 
            (LHO), or both.

          5)Provides that in meeting the requirements of 4) above, clinics 
            and health care facilities: 

             a)   Must maintain flu vaccination records of employees and 
               may maintain flu vaccination records of the other onsite 
               health care workers affiliated with, but who are not 
               employees of, the clinic and of persons with privileges on 
               the medical staff.  If the clinic and health care facility 
               do not have records of an onsite health care worker or 
               person with privileges on the medical staff being 
               vaccinated onsite, they may require the worker or medical 
               staff person to either provide documentation of vaccination 
               or documentation that he or she refused the vaccination.
             b)   Allow language to be included in its business contracts 
               to require a contract worker to maintain records of the 
               verification of offsite vaccination or documentation that 
               he or she refused the vaccination and require this 
               documentation be made available to the clinic and health 
               care facility upon request.  The clinic and health care 
               facility are not required to maintain separate vaccination 
               records or to provide vaccinations at no cost to a contract 
               worker who is not an employee of the clinic and health care 
               facility.

          6)Requires each clinic and health facility to develop policies 
            to comply with items 3) through 5) above and to ensure its 
            onsite health care workers affiliated with the clinic are in 
            compliance with the vaccination requirements.  Requires the 
            medical staff to develop policies to ensure that persons who 
            have privileges on the medical staff are in compliance with 
            the vaccination requirements of this section that have been 
            implemented by the clinic and health care facility.

          7)Defines the following terms: 

             a)   "Employee" means an individual who works for the clinic, 
               is listed on the payroll records, and is under the clinic's 








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               direction and control.

             b)   "Medical staff" means professional medical personnel who 
               are approved and given privileges to provide health care to 
               patients while onsite in a clinic and health care facility 
               and who are responsible for the adequacy and quality of 
               care rendered to patients.  Includes, but is not limited 
               to, physicians and surgeons, and, if dental or podiatric 
               services are provided, dentists or podiatrists. 

             c)   "Onsite health care worker affiliated with the clinic 
               and health care facility" means a person who is either a 
               volunteer or is employed by, paid by, or receives credit or 
               any other form of compensation from the clinic and health 
               care facility, who performs some or all of his or her 
               duties in a patient care area of the facility.  The patient 
               care area of the facility shall be determined by the clinic 
               and health care facility and is where onsite health care 
               workers and medical staff are within close proximity to 
               patients receiving care.  Includes, but is not limited to, 
               employees, physicians, nurses, nursing assistants, 
               therapists, technicians, emergency medical service 
               personnel, dental personnel, pharmacists, laboratory 
               personnel, autopsy personnel, students and trainees, 
               contractual staff, and registry staff who perform direct 
               patient care duties but are not employed by the clinic and 
               health care facility.

          8)Allows the Department of Public Health (DPH) to implement this 
            bill by sending letters or similar instruction to all 
            applicable facilities without taking regulatory action.

          9)Requires a clinic and health care facility to annually report 
            their average vaccination compliance rate for onsite health 
            care workers who are employees and of medical staff who have 
            been vaccinated for that year to DPH. 

          10)Requires, in addition to the other requirements of this bill, 
            general acute care hospitals to also do the following:

             a)   Institute respiratory hygiene and cough etiquette 
               protocols, develop and implement procedures for the 
               isolation of patients with flu, and adopt a seasonal flu 
               plan; and,









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             b)   Revise an existing or develop a new disaster plan that 
               includes a pandemic flu component.  Requires the plan to 
               also document any actual or recommended collaboration with 
               local, regional, and state public health agencies or 
               officials in the event of a flu pandemic.

          11)Makes this bill operative on January 1, 2015.

          12)Sunsets existing law that requires DPH to require each 
            general acute care hospital to offer onsite flu vaccinations, 
            if available to all hospital employees at no cost to the 
            employee by January 1, 2015.

          13)Exempts from the provisions of this bill, except for the 
            reporting of compliance rate as specified in 9) above, clinics 
            that have a combined average vaccination compliance rate of 
            90% or higher for its onsite health care workers who are 
            employees and medical staff.

          14)Exempts health care facilities that have a combined average 
            vaccination compliance rate of 90% or higher for its onsite 
            health care workers that are employees and medical staff from:

             a)   The requirement to annually offer its employees flu 
               vaccinations;

             b)   The additional requirements for general acute care 
               hospitals, specified in 10) above; and

             c)   The reporting of compliance rate as specified in 9) 
               above.

           EXISTING LAW  :  

          1)Provides for the licensure and regulation of clinics and 
            health facilities, including acute care hospitals by DPH.

          2)Defines a clinic as an organized outpatient health facility 
            that provides direct medical, surgical, dental, optometric, or 
            podiatric advice, services, or treatment to patients who 
            remain less than 24 hours, and that may also provide 
            diagnostic or therapeutic services to patients in the home as 
            an incident to care provided at the clinic facility.  

          3)Defines a health facility as any facility, place, or building 








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            that is organized, maintained, and operated for the diagnosis, 
            care, prevention, and treatment of human illness, physical or 
            mental, including convalescence and rehabilitation and 
            including care during and after pregnancy, or for any one or 
            more of these purposes, for one or more persons, to which the 
            persons are admitted for a 24-hour stay or longer, and 
            includes: general acute care hospitals, acute psychiatric 
            hospitals, skilled nursing facilities, several categories of 
            intermediate care facilities, congregate living health 
            facilities, correctional treatment centers, as defined, and 
            nursing facilities.

          4)Requires DPH to require each general acute care hospital, in 
            accordance with the Centers for Disease Control and Prevention 
            (CDC) Guidelines to take all of the following actions: 

             a)   Annually offer onsite flu vaccinations, if available, to 
               all hospital employees at no cost to the employee;

             b)   Require its employees to be vaccinated, or if the 
               employee elects not to be vaccinated, to declare in writing 
               that he or she has declined the vaccination;

             c)   Institute respiratory hygiene and cough etiquette 
               protocols, develop and implement procedures for the 
               isolation of patients with flu, and adopt a seasonal flu 
               plan; and,

             d)   Revise an existing or develop a new disaster plan that 
               includes a pandemic flu component.  Requires the plan to 
               also document any actual or recommended collaboration with 
               local, regional, and state public health agencies or 
               officials in the event of a flu pandemic.

           FISCAL EFFECT  :  According to the Senate Appropriations 
          Committee, potential increased costs to review compliance by 
          clinics, up to $150,000 (Licensing and Certification Fund).  DPH 
          may need additional resources to review hospital and clinic 
          records of vaccinations by employees and others.  Because DPH 
          already performs periodic inspections of health facilities as 
          part of its licensing program, total additional costs to gather 
          this information is not likely to be significant.

           COMMENTS  :









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           1)PURPOSE OF THIS BILL  .  The California Medical Association, the 
            Health Officers Association of California, and the California 
            Association for Nurse Practitioners are the sponsors of this 
            bill.  According to the author, this bill ensures that all 
            health care workers in clinics and health facilities, 
            including physicians, either receive the flu vaccination or 
            wear a mask in an effort to help prevent the spread of the flu 
            virus, and protect vulnerable patients.  According to the CDC, 
            health care workers who get vaccinated reduce the transmission 
            of flu, staff illness, and absenteeism, and flu-related 
            illness and death, especially among people in health care 
            facilities who are at increased risk for severe flu illnesses. 
             Additionally, reports have shown that higher vaccination 
            levels among staff have been associated with a lower risk of 
            hospital-acquired flu cases, while lower flu vaccination rate 
            have led to greater number of flu outbreaks in hospitals and 
            long term care facilities.  Nationwide, the CDC notes that 
            during the 2010-11 flu season, coverage for flu vaccination 
            among health care workers was estimated at 63.5%.  However, 
            vaccination rates for health care workers who had an employer 
            requirement were at 98.1%.  This discrepancy shows the success 
            of these mandatory vaccination programs.  The United States 
            Health and Human Services (HHS) has a 90% vaccination rate 
            goal for health care personnel (HCP) by 2020.

           2)BACKGROUND  .  

             a)   Flu  .  According to the CDC, the flu is a contagious 
               respiratory illness caused by viruses that infect the nose, 
               throat, and lungs.  It can cause mild to severe illness, 
               and at times can lead to death.  Most experts believe that 
               flu viruses spread mainly by droplets made when people with 
               flu cough, sneeze, or talk, which can land in the mouths or 
               noses of people who are nearby.  Less often, a person might 
               also get flu by touching a surface or object that has flu 
               virus on it and then touching their own mouth, eyes, or 
               possibly their nose.  The flu can be passed to someone else 
               before symptoms appear, as well as while a person is 
               symptomatic.  Most healthy adults may be able to infect 
               others beginning one day before symptoms develop and up to 
               five to seven days after becoming sick.  Some people, 
               especially young children and people with weakened immune 
               systems, might be able to infect others for an even longer 
               time.  There are a number of groups of people considered at 
               high risk to develop flu-related complications, including: 








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               children younger than five, but especially children younger 
               than two years old; adults over 65 years of age; pregnant 
               women; and, people with certain medical conditions 
               (including asthma, neurological and neurodevelopmental 
               conditions, chronic lung disease, heart disease, blood 
               disorders, diabetes, kidney disorders, liver disorders, and 
               weakened immune systems).

              b)   Flu vaccine  .  According to the CDC, the single best way 
               to prevent the flu is to get a flu vaccine each season.  
               There are two types of flu vaccines: flu shots, which are 
               inactivated vaccines that are given with a needle and the 
               nasal-spray flu vaccine (a vaccine made with live, weakened 
               flu viruses that is given as a nasal spray.  About two 
               weeks after vaccination, antibodies develop that protect 
               against flu virus infection.  Driven by the H1N1 pandemic, 
               in February 2010, the Advisory Committee on Immunization 
               Practices (ACIP) voted to recommend that all people six 
               months and older should obtain a flu vaccine (universal 
               recommendation for vaccination).  ACIP and the Healthcare 
               Infection Control Practices Advisory Committee (HICPAC) 
               also recommend that all health care workers get vaccinated 
               annually against flu.  According to the CDC, 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 (e.g., clerical, 
               dietary, housekeeping, laundry, security, maintenance, 
               administrative, billing, and volunteers) not directly 
               involved in patient care but potentially exposed to 
               infectious agents that can be transmitted to and from 
               health care workers and patients.  According to DPH, the 
               mean hospital-specific employee vaccination percentage in 
               California was 55% in 2008-09 and has grown since: 63% in 
               2009-10 and 64.3% in 2010-11.  The goal of HHS is a 90% 
               vaccination rate by 2020. 

              c)   Flu Vaccination among HCP  .  SB 739 (Speier), Chapter 
               526, Statutes of 2006, among other provisions, requires: 
               DPH to require each general acute care hospital to annually 
               offer onsite flu vaccinations, if available, to all 
               hospital employees at no cost to the employee; hospital 
               employees to be vaccinated, or if an employee elects not to 








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               be vaccinated, to declare in writing that he or she 
               declines the vaccination; hospitals to adopt a seasonal flu 
               plan; and, report to DPH implementation of SB 739 
               requirements, including the percentage of those who are 
               vaccinated. 

             Pursuant to SB 739, in 2011, DPH published a report entitled 
               "Flu Vaccination among Health Care Personnel in California 
               General Acute Care Hospitals for the 2010-2011 Respiratory 
               Season (DPH Report)."  The DPH Report indicated that "the 
               2010-11 flu season was the third for which hospitals 
               submitted flu vaccination information.  The flu season is 
               defined as September 1, 2010 through March 31, 2011.  The 
               mean hospital-specific employee vaccination percentage of 
               64.3% was only modestly higher compared with 2008-09 (55%) 
               and 2009-10 (63%).  This indicates that the statewide 
               mandatory written declination policy has not significantly 
               increased hospital HCP flu vaccination coverage.  Half of 
               California hospitals failed to meet the Healthy People 2010 
               target of 60% HCP vaccination, and few reached the Healthy 
               People 2020 target of 90%."  The DPH Report also indicated 
               that flu vaccination surveillance data for non-employee HCP 
               was incomplete, with the vaccination status for more than 
               50% of some non-employee personnel categories remaining 
               unknown.  A comprehensive online survey conducted by DPH on 
               flu vaccination policies and practices revealed that 
               hospitals are using strategies recommended by HICPAC and 
               ACIP to promote flu vaccination among HCP.  These 
               strategies include comprehensive flu vaccination campaigns, 
               multiple vaccination opportunities during all shifts, 
               education on flu and vaccination, and including all 
               personnel in vaccination promotion strategies and 
               vaccination opportunities.  Hospitals that met the Healthy 
               People 2020 target of 90% were more likely to use a 
               mandatory participation vaccination policy with multiple 
               enforcement strategies.  However, fewer than 5% of 
               hospitals exceeded 90% vaccination coverage, indicating 
               that meeting the Healthy People 2020 target may not be 
               feasible without some form of mandatory vaccination policy. 
                

             The DPH Report also pointed out that the H1N1 pandemic in 
               2009-10 failed to increase appreciable HCP vaccination 
               coverage, and transmission of H1N1 flu was documented among 
               HCP.  








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             The following recommendations were contained in the DPH 
               Report which could improve flu vaccination coverage among 
               HCP in California general acute care hospitals:

               i)     Hospitals should consider more rigorous flu 
                 vaccination policies, such as mandatory participation or 
                 vaccination, to increase flu vaccination percentages.
                
               ii)    Hospitals should ensure that flu vaccination status 
                 is a requirement of contracts with physician groups, 
                 registry organizations, fellowships, and student training 
                 programs. 

               iii)   Hospitals should account for the vaccination status 
                 of all non-employee HCP, including registry and contract 
                 personnel, students, and trainees. 

               iv)    Hospitals should implement robust data collection 
                 and management systems to document the vaccination status 
                 of all HCP.

              d)   Counties with Mandatory Masking Policies  .  According to 
               background information submitted by the author, the 
               counties of San Francisco, Yolo, and Sacramento have 
               masking policies that are similar to those proposed by this 
               bill.  In July 2011, the LHOs of Sacramento and Yolo 
               counties sent letters to all hospitals, physicians, medical 
               practices, community clinics, and ambulatory care centers 
               that stated, in part:

                 Vaccination of healthcare workers reduces infection and 
                 absenteeism among them, prevents mortality in their 
                 patients, and results in financial savings to 
                 sponsoring health institutions.  The best way to 
                 prevent transmission of a disease like flu to those 
                 persons we serve is to mandate vaccination of 
                 healthcare workers and there are now two laws in 
                 California requiring flu vaccine for healthcare workers 
                 and other personnel at hospitals (CA Health & Safety 
                 Code §1288.7, effective January 1, 2007 and §5199 
                 Aerosol Transmissible Diseases standard of Cal OSHA, 
                 effective September 1, 2010). 

                 In addition to full adherence to these laws, I am 








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                 requiring that all healthcare workers either receive 
                 the flu vaccine or wear a mask during flu season.  All 
                 inpatient and ambulatory healthcare facilities in 
                 (Sacramento and Yolo) must implement a masking program, 
                 requiring that all healthcare workers who do not 
                 receive the flu vaccine wear a mask for the duration of 
                 the flu season while working in their facility.  I am 
                 also recommending that healthcare administrators adopt 
                 an easy way to identify the healthcare workers who have 
                 received their flu vaccine.  One example of this type 
                 of concept is to place a sticker on the healthcare 
                 worker's badge following vaccination.
                                                               
               In September 2011, the San Francisco LHO sent a 
               substantially similar letter, and also stated that this was 
               already the policy at University of California, San 
               Francisco (UCSF) Medical Center, San Francisco General 
               Hospital, Laguna Honda Hospital, and Kaiser San Francisco.  
               UCSF Medical Center's masking policy was instituted in 2009 
               and requires anyone who declines a flu vaccination to wear 
               a protective mask, supplied by UCSF, while in patient care 
               areas, which is specified as places where patients are 
               seen, evaluated, and treated as well as in lobbies and 
               waiting rooms.  According to the Immunization Action 
               Coalition, as of November 1, 2010, there were at least 16 
               other hospitals in California with masking policies.  In 
               September 2011, Kaiser North Valley (KNV) implemented a 
               "flu vaccine mask policy."  All physicians were sent an 
               email stating that they were required to get the flu 
               vaccine or wear a mask while in patient care areas of the 
               KNV hospitals and clinics.  In Kaiser facilities in those 
               counties with masking requirements, personnel who are not 
               compliant with the mask requirement in mandated counties 
               were to be removed from working in patient care areas. 

              e)   National recommendations  .  A number of national 
               organizations have recommendations for mandatory flu 
               vaccines for healthcare workers, including the American 
               Academy of Pediatrics, the American Medical Directors 
               Association, and the American Pharmacists Association.  
               Some organizations support immunization as a condition of 
               employment and/or masking policies, including the American 
               Academy of Family Physicians, the American College of 
               Physicians, the American Hospital Association, the 
               Association for Professionals in Infection Control and 








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               Epidemiology, the Infectious Diseases Society of America, 
               and the National Business Group on Health.

             The CDC, ACIP, and HICPAC recommend that all U.S. health care 
               workers get vaccinated annually against flu.  CDC points 
               out those health care workers who get vaccinated help 
               reduce the transmission of flu, staff illness and 
               absenteeism, and flu-related illness and death, especially 
               among people at increased risk for severe flu illness.  
               Higher vaccination levels among staff have been associated 
               with lower risk of hospital-acquired flu cases; flu 
               outbreaks in hospitals and long-term care facilities have 
               been attributed to low flu vaccination coverage among 
               health care workers in those facilities; and higher flu 
               vaccination levels among health care workers can reduce 
               flu-related illness, and even deaths, in settings like 
               nursing homes. 

              f)   Aerosol Transmissible Diseases (ATD) Regulations  .  In 
               2009, ATD regulations were adopted by the California 
               Occupational Safety and Health Administration (Cal/OSHA) to 
               create an occupational safety standard requiring certain 
               protections for workers who may be exposed to ATD.  The ATD 
               standard is not for seasonal flu, although it would cover 
               new variants of flu (swine and bird flu, for example).  The 
               ATD standards apply to various facilities, including 
               hospitals, skilled nursing facilities, clinics, home health 
               care, long term care facilities, and medical transport.  
               Among other things, the ATD regulations require health 
               facilities to establish, implement, and maintain an 
               effective, written ATD Exposure Control Plan which is 
               specific to the workplace or operations.  While the ATD 
               regulations are meant to address more than just the 
               transmission of the flu, there are some provisions that 
               could be related to the provisions of this bill.  For 
               example, with regard to "medical services," which the 
               regulation states includes vaccinations, tests, 
               examinations, evaluations, determinations, procedures, and 
               medical management and follow-up, the law requires them to 
               be, among other things, provided in a manner that ensures 
               the confidentiality of employees and patients.

              g)   Other states  .  On February 15, 2012, the Colorado state 
               Board of Health passed a rule regarding influenza 
               vaccinations for health care workers.  The rule requires 








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               licensed health care facilities to submit data regarding 
               their employee vaccinations to the state Department of 
               Public Health and Environment on an annual basis.  Some of 
               the details of the rule are as follows: 

                 A facility must meet vaccination rates for each given 
                 year to be exempt from the rule.  If the facility can 
                 meet or exceed the target vaccination percentages listed 
                 below for each given year, the facility will be exempt 
                 from the rule for the following year as long as it 
                 continues to use the same or more stringent methods of 
                 promoting or mandating influenza vaccinations for its 
                 employees.  The targets required for this exemption are 
                 as follows:

                           60% of all employees vaccinated from Oct. 1, 
                    2012, to Dec. 31, 2012.
                           75% of all employees vaccinated from Oct. 1, 
                    2013, to Dec. 31, 2013.
                           90% of all employees vaccinated from Oct. 1, 
                    2014, to Dec. 31, 2014, and every year thereafter.   


                 A hospital, hospital unit, ambulatory surgical center, or 
                 long-term nursing care facility that does not achieve the 
                 target vaccination rates of 60%-75%-90% will be required 
                 to implement an influenza vaccination policy for that 
                 includes a medical exemption.  A medical exemption must 
                 be signed by a Colorado licensed physician, physician's 
                 assistant, advanced practice nurse, or nurse midwife 
                 stating the vaccination is medically contraindicated as 
                 described in the federal Food and Drug Administration 
                 product labeling.  This means that the only health care 
                 workers who are not required to receive an annual 
                 influenza vaccine are those who have a confirmed medical 
                 reason that they cannot receive the vaccine because it 
                 will be harmful to their health.  If a health care worker 
                 has a medical exemption, the policy also must require 
                 that the health care worker wears a surgical or procedure 
                 mask during influenza season (November - March) when in 
                 direct contact with patients and in common areas as 
                 specified by the facility's policy.

           1)SUPPORT  .  The California Medical Association, the Health 
            Officers Association of California, and the California Primary 








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            Care Association state that this bill will improve the public 
            health and protect the staff and patients at clinics and 
            health care settings in the most proven effective and 
            efficient way possible.  The California Hospital Association 
            states that voluntary immunization programs have failed to 
            increase immunization rates among health care workers to 
            acceptable levels required to substantially reduce health 
            care-acquired flu.  Institutions that have implemented a 
            mandatory policy have dramatically reduced employee 
            absenteeism as well as health care associated flu, improving 
            patient safety and reducing health care costs. 

          2)OPPOSITION  .  The California Labor Federation (CLF) states that 
            it does not believe that masking is the most effective 
            strategy to achieve the goal of protecting patients from flu 
            transmission.  To truly prevent transmission of flu, employers 
            must implement a comprehensive infection control program that 
            includes a range of measures, robust education, and training 
            programs for workers, reasonable access to vaccination, and 
            adequate sick time policies.  It opposes the masking of health 
            care workers who decline the vaccine because there is no 
            scientific evidence that wearing surgical masks by 
            unvaccinated workers protects patients.  In fact, research 
            shows that masking can lead to more contamination and 
            potential for infection from the frequent mouth, nose, and eye 
            contact necessitated when workers adjust or take off their 
            masks.  Masks also interfere with communication between 
            healthcare workers and patients.  CLF states they have offered 
            amendments to meet the goal of a 90% vaccination rate in 
            health care facilities without using masking.  That proposal 
            includes a set goal of 90% vaccination for all health 
            facilities: phase-in education requirements based on the ATD 
            standards; and, requirements of additional measures to ensure 
            that all health care facilities reach a 90% vaccination rate 
            if they do not achieve that goal by the set date.

          The California Nurses Association (CNA), also in opposition, 
            states that consumers should know the flu vaccination rates of 
            health care facilities and has suggested amendments to include 
            a public posting that displays vaccination rates in all 
            licensed health facilities.  CNA believes that a comprehensive 
            solution to infection control is the best strategy to protect 
            hospitalized Californians, including a broad educational and 
            training program for workers on overall infection control, 
            reasonable access to vaccination, and adequate sick time 








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            policies.  CNA agrees with the concerns raised by the CLF.

          The American Federation of State, County and Municipal Employee 
            indicates that it is more sensible to work on educating health 
            care workers on better infection control and improving 
            screening and triaging of patients, families, and visitors who 
            enter health care facilities.  Hospitals, clinics, and 
            doctors' offices should work to ensure environmental cleaning 
            staff has the training, equipment, and time to do all the 
            cleaning required to clean surfaces routinely, especially 
            around symptomatic patients, which would require facilities to 
            have adequate staffing levels. 

          SEIU California states that it takes issue with any measure 
            which has the effect of coercing people to undergo a medical 
            procedure or risk sanction.  There is no demonstrated public 
            health purpose served by the mask itself other than the effect 
            of coercing workers to get the vaccine.  SEIU California 
            indicates that this bill should instead fund Cal/OSHA and 
            require health care facilities to fully implement the ATD 
            standards.  

           3)RELATED LEGISLATION  .  AB 2009 (Galgiani) allows DPH to provide 
            guidance to local agencies as to whether one or more 
            population groups have priority to receive the flu vaccine 
            under a flu vaccine program administered by DPH for older 
            adults (60 years or older).  AB 2009 is pending in the Senate.

            AB 2064 (V. Manuel Pérez) requires health care service plans 
            and health insurers that provide coverage for childhood and 
            adolescent immunizations to reimburse physicians for the costs 
            of vaccines, as specified.  AB 2064 is pending in the Assembly 
            Appropriations Committee. 

            AB 2109 (Pan) specifies certain requirements for parents and 
            guardians of school-aged children who wish to seek an 
            exemption from immunization requirements.  AB 2109 is pending 
            in the Senate.

           4)PREVIOUS LEGISLATION  .  SB 739 among other things, requires all 
            California general acute care hospitals, based on CDC 
            guidelines, to:

             a)   Annually offer onsite flu vaccinations, if available, to 
               all hospital employees at no cost to the employee.  








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               Requires each 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 has 
               declined the vaccination.

             b)   Institute respiratory hygiene and cough etiquette 
               protocols, develop and implement procedures for the 
               isolation of patients with flu, and adopt a program plan 
               for vaccinating healthcare personal during the flu season.

             c)   Revise an existing or develop a new disaster plan that 
               includes a pandemic flu component.  The plan must also 
               document any actual or recommended collaboration with 
               local, regional, and state public health agencies or 
               officials in the event of a flu pandemic.

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Medical Association (cosponsor)
          California Association for Nurse Practitioner (cosponsor)
          Health Officers Association of California (cosponsor)
          American Academy of Pediatrics
          American Congress of Obstetricians and Gynecologists, District 
          IX California
          California Academy of Physician Assistants
          California Hospital Association
          California Pharmacists Association
          California Primary Care Association
          California Psychiatric Association
          California Society of Health-System Pharmacists
          County Health Executives Association of California
          Santa Clara County Board of Supervisors
          One individual
           
            Opposition 
           
          American Federation of State, County and Municipal Employees, 
          AFL-CIO
          California Alliance for Retired Americans
          California Labor Federation
          California Nurses Association
          California School Employees Association, AFL-CIO
          Laborers' Locals 777 & 792








                                                                  SB 1318
                                                                  Page  16

          SEIU California 
          United Nurses Associations of California/Union of Health Care 
          Professionals


           Analysis Prepared by  :    Rosielyn Pulmano / HEALTH / (916) 
          319-2097