California Legislature—2013–14 Regular Session

Assembly Bill No. 689

Introduced by Assembly Member Bonta

February 21, 2013

An act to add Section 1250.12 to the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 689, as introduced, Bonta. Health facilities: influenza and pneumococcal disease.

Under existing law, the State Department of Public Health licenses and regulates various types of health facilities, including general acute care hospitals. A violation of these provisions is a crime, as specified.

This bill would require each general acute care hospital annually, beginning no later than October 1 and ending on the following April 1, except when there is a national vaccine shortage, to offer onsite vaccinations for influenza and pneumococcal disease to all patients at discharge, pursuant to the procedures of the hospital and in accordance with the recommendations of the advisory committee on immunization practices of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services as the recommendations existed on January 1, 2012.

Because the bill would create a new crime, the 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 1250.12 is added to the Health and Safety
Code, to read:

1250.12.  

In order to prevent, detect, and control pneumonia
and influenza outbreaks, each general acute care hospital, shall
annually, beginning no later than October 1 and ending on the
following April 1, except when there is a national vaccine shortage,
offer onsite vaccinations for influenza and pneumococcal disease
to all patients at discharge, pursuant to the procedures of the facility
and in accordance with the recommendations of the advisory
committee on immunization practices of the Centers for Disease
Control and Prevention of the United States Department of Health
and Human Services, as the recommendations existed on January
1, 2012. Nothing in this section shall be construed to require a
hospital to cover the cost of a vaccination provided pursuant to
this section.

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.