Amended in Assembly March 20, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 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 amended, Bonta. Health facilities:begin delete influenza and pneumococcal disease.end deletebegin insert influenza.end insert

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 shortagebegin insert or when a physician does not recommend that the patientend insertbegin insert receive an influenza vaccine due to potential health hazardsend insert, to offer onsite vaccinations for influenzabegin delete and pneumococcal diseaseend delete to all patients at discharge, pursuant to the procedures of the hospital and in accordance with the recommendations of thebegin delete advisory committee on immunization practicesend deletebegin insert Advisory Committee on Immunization Practicesend insert of the Centers for Disease Control and Prevention of the United States Department of Health and Human Servicesbegin insert,end insert as the recommendationsbegin delete existedend deletebegin insert exist and are annually updated, if applicable,end insert on January 1begin delete, 2012end deletebegin insert of the year in which the vaccine is offeredend insert.

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:

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SECTION 1.  

Section 1250.12 is added to the Health and Safety
2Code
, to read:

3

1250.12.  

In order to prevent, detect, and controlbegin delete pneumonia
4andend delete
influenza outbreaks, each general acute care hospital, shall
5annually, beginning no later than October 1 and ending on the
6following April 1, except when there is a national vaccine shortage
7begin insert or when a physician does not recommend that the patient receive
8an influenza vaccine due to potential health hazardsend insert
, offer onsite
9vaccinations for influenza begin deleteand pneumococcal diseaseend delete to all patients
10at discharge, pursuant to the procedures of the facility and in
11accordance with the recommendations of thebegin delete advisory committee
12on immunization practicesend delete
begin insert Advisory Committee on Immunization
13Practicesend insert
of the Centers for Disease Control and Prevention of the
14United States Department of Health and Human Services, as the
15recommendationsbegin delete existedend deletebegin insert exist and are annually updated, if
16applicable,end insert
on January begin delete1, 2012.end deletebegin insert 1 of the year in which the vaccine
17is offered.end insert
Nothing in this section shall be construed to require a
18hospital to cover the cost of a vaccination provided pursuant to
19this section.

20

SEC. 2.  

No reimbursement is required by this act pursuant to
21Section 6 of Article XIII B of the California Constitution because
22the only costs that may be incurred by a local agency or school
23district will be incurred because this act creates a new crime or
24infraction, eliminates a crime or infraction, or changes the penalty
25for a crime or infraction, within the meaning of Section 17556 of
26the Government Code, or changes the definition of a crime within
27the meaning of Section 6 of Article XIII B of the California
28Constitution.



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