Amended in Assembly April 8, 2013

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 Sectionbegin delete 1250.12end deletebegin insert 120392.10end insert to the Health and Safety Code, relating to health facilities.

LEGISLATIVE COUNSEL’S DIGEST

AB 689, as amended, Bonta. Health facilities: influenza.

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

begin insert

Existing law requires a general acute care hospital to offer, each year, commencing October 1 to the following April 1, inclusive, prior to discharge, immunizations for influenza and pneumococcal disease to inpatients, 65 years of age or older, based upon the adult immunization recommendations of the Advisory Committee on Immunization Practices of the federal Centers for Disease Control and Prevention, and the recommendations of appropriate entities for the prevention, detection, and control of influenza outbreaks in California general acute care hospitals, pursuant to the hospital’s standardized procedures and if the hospital has the vaccine in its possession.

end insert

This bill would require each general acute care hospitalbegin insert to offer onsite vaccinations for influenza to all inpatients prior to discharge,end insert annually, beginning no later than October 1 and ending on the following April 1, except when there is abegin delete nationalend deletebegin insert stateend insert vaccine shortage or when a physician does not recommend that the patient receive an influenza vaccine due to potential health hazardsbegin delete, to offer onsite vaccinations for influenza to all patients at dischargeend delete, pursuant to thebegin insert standardizedend insert procedures of the hospital and in accordance with the recommendations of the Advisory Committee on Immunization Practices of the begin insertfederal end insertCenters for Disease Control and Prevention of the United States Department of Health and Human Services, asbegin delete the recommendations exist and are annually updated, if applicable, on January 1 of the year in which the vaccine is offeredend deletebegin insert specifiedend insert.begin insert The bill would also require end insertbegin inserta general acute care hospital that offers vaccinations pursuant to this provision to inform each inpatient that he or she may be required to pay for the cost of the vaccination.end insert

begin delete

Because the bill would create a new crime, the bill would impose a state-mandated local program.

end delete
begin delete

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.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Sectionbegin delete 1250.12end deletebegin insert 120392.10end insert is added to the Health
2and Safety Code
, to read:

begin delete
3

1250.12.  

In order to prevent, detect, and control influenza
4outbreaks

end delete
5begin insert

begin insert120392.10.end insert  

end insert

begin insert(a)end insertbegin insertend insertbegin insertPursuant to its standardized procedures and
6if it has the vaccine in its possessionend insert
, each general acute care
7hospital,begin insert as defined in subdivision (a) of Section 1250,end insert shall
8annually, beginning no later than October 1 and ending on the
9following April 1, except when there is abegin delete nationalend deletebegin insert stateend insert vaccine
10shortage or when a physician does not recommend that the patient
11receive an influenza vaccine due to potential health hazards, offer
12begin insert prior to dischargeend insert onsite vaccinations for influenza to allbegin delete patientsend deletebegin deleteat
13discharge, pursuant to the procedures of the facility andend delete
begin insert inpatientsend insert
14 in accordance with the recommendations of the Advisory
15Committee on Immunization Practices of the Centers for Disease
16Control and Prevention of the United States Department of Health
P3    1and Human Services,begin insert end insertbegin insertand the recommendations of appropriate
2entities for the prevention, detection, and control of influenza
3outbreaks in California general acute care hospitalsend insert
as the
4recommendations exist and are annually updated, if applicable, on
5January 1 of the year in which the vaccine is offered. Nothing in
6this section shall be construed to require a hospital to cover the
7cost of a vaccination provided pursuant to this section.

begin insert

8(b) A general acute care hospital that offers vaccinations
9pursuant to subdivision (a) shall inform each inpatient that he or
10she may be required to pay for the cost of the vaccination.

end insert
begin delete
11

SEC. 2.  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution because
13the only costs that may be incurred by a local agency or school
14district will be incurred because this act creates a new crime or
15infraction, eliminates a crime or infraction, or changes the penalty
16for a crime or infraction, within the meaning of Section 17556 of
17the Government Code, or changes the definition of a crime within
18the meaning of Section 6 of Article XIII B of the California
19Constitution.

end delete


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