BILL NUMBER: AB 689	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 20, 2013

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:  influenza
and pneumococcal disease.   influenza. 
   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  or when a
physician does not recommend that the patient   receive an
influenza vaccine due to potential health hazards  , 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  
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   exist and are annually updated, if
applicable,  on January 1  , 2012   of the
year in which the vaccine is offered  .
   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  or when a physician does not recommend that the
patient receive an influenza vaccine due to potential health hazards
 , 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   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   exist and are
annually updated, if applicable,  on January  1, 2012.
  1 of the year in which the vaccine is offered. 
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.