BILL NUMBER: AB 2009 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2012
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 23, 2012
An act to add Chapter 6 (commencing with Section 120490)
to Part 2 of Division 105 amend Section 104900
of the Health and Safety Code, relating to communicable disease.
LEGISLATIVE COUNSEL'S DIGEST
AB 2009, as amended, Galgiani. Communicable disease: influenza
vaccinations.
Under existing law, the State Department of Public Health
administers various programs for the protection of public health. The
department provides a biennial report to the legislature
Legislature on the immunization status of young
children in California.
This bill would require, by July 1, 2013, the department, in
consultation with the State Department of Education and the State
Department of Health Care Services, to establish a one year pilot
program to provide, at no charge, the seasonal influenza vaccine
through the federal Vaccines for Children Program at the elementary
or secondary schools of not more than 3 participating school
districts and counties. The bill would require the State Department
of Health Care Services shall establish an administration fee, as
specified. This bill would also require participating counties and
school districts to prepare and submit to the department a specified
report.
Existing law requires the State Department of Public Health to
provide appropriate flu vaccine to local governmental or private
nonprofit agencies at no charge in order that the agencies may
provide the vaccine, at a minimal cost, at accessible locations in
the order of priority first for all persons 60 years of age or older
in this state and then to any other high-risk groups identified by
the United States Public Health Service. The department and the
California Department of Aging are required to prepare, publish, and
disseminate information regarding the availability of the vaccine and
the effectiveness of the vaccine in protecting the health of older
persons.
This bill would include persons who are not more than 18 years of
age among those who have priority to receive the vaccine. The bill
would make findings and declarations regarding the transmission of
influenza by children to adults and the elderly.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and
declares all of the following:
(a) School-based influenza vaccine programs help protect public
health by reducing the spread of influenza in the community.
(b) Pandemic preparedness is enhanced through the implementation
of a school-located influenza vaccination program in the state.
(c) The federal Centers for Disease Control and Prevention (CDC)
recommend annual seasonal influenza vaccination for all persons six
months of age and older.
(d) Current law related to prioritization for influenza vaccines
is outdated and needs to be updated to reflect current CDC
recommendations.
(e) Children have the highest rates of influenza infection and
schoolaged children are the major vectors for influenza transmission
that spread the virus to adults and the elderly in the community.
(f) Eligible low-income and uninsured children can access vaccine
at no cost through the federally funded Vaccines for Children (VFC)
Program.
(g) Currently, school districts are restricted when seeking
reimbursement from Medi-Cal for influenza vaccinations administered
in schools.
(h) Currently, limits exist on the ability of a school district to
become a VFC provider in order to obtain influenza vaccine.
(i) It is, therefore, the intent of the Legislature that the State
Department of Health Care Services make it a priority to amend
California's Medicaid State Plan Amendment to accomplish various
goals to enhance Medi-Cal services provided at schoolsites, including
a mechanism to defray the cost of school-based influenza vaccine
programs.
(j) In addition, it is the intent of the Legislature that the
State Department of Public Health develop a plan, in coordination
with local public health officers, to authorize school districts to
receive influenza vaccine through the federally funded VFC Program.
SEC. 2. Section 104900 of the Health
and Safety Code is amended to read:
104900. (a) The department shall provide appropriate flu vaccine
to local governmental or private , nonprofit
agencies at no charge in order that the agencies may provide the
vaccine, at a minimal cost, at accessible locations in the order of
priority first, for all persons who are not more than 18 years
of age and persons who are at least 60 years of age or
older in this state and then to any other high-risk groups
identified by the United States Public Health Service. The
department and the State California
Department of Aging shall prepare, publish, and disseminate
information regarding the availability of the vaccine and the
effectiveness of the vaccine in protecting the health of older
persons.
(b) The department may provide appropriate pneumonia vaccine to
local governmental or private , nonprofit agencies
at no charge in order that the agencies may provide the vaccine, at
a minimal cost, at accessible locations for groups identified as high
risk by the United States Public Health Service.
(c) The program shall be designed to utilize voluntary assistance
from public or private sectors in administering the vaccines.
However, local governmental or private , nonprofit
agencies may charge and retain a fee not exceeding two dollars ($2)
per person to offset administrative operating costs.
(d) Except when the department determines that it is not feasible
to utilize federal funds due to excessive administrative costs, the
department shall seek and utilize available federal funds to the
maximum extent possible for the cost of the vaccine, the cost of
administering the vaccine and the minimal fee charged under this
section, including reimbursement under the Medi-Cal program for
persons eligible therefor to the extent permitted by federal law.
(e) Administration of the vaccine shall be performed either by a
physician, a registered nurse, or a licensed vocational nurse acting
within the scope of their professional practice acts. The physician
under whose direction the registered nurse or a licensed vocational
nurse is acting shall require the nurse to satisfactorily demonstrate
familiarity with (1) contraindication for the administration of such
immunizing agents, (2) treatment of possible anaphylactic reactions,
and (3) the administration of treatment, and reactions to such
immunizing agents.
(f) No private , nonprofit volunteer agency
whose involvement with an immunization program governed by this
section is limited to the provision of a clinic site or promotional
and logistical support pursuant to subdivision (c), or any employee
or member thereof, shall be liable for any injury caused by an act or
omission in the administration of the vaccine or other immunizing
agent to a person 60 years of age or older or to members of high-risk
groups identified by the United States Public Health Service, if the
immunization is performed pursuant to this section in conformity
with applicable federal, state, or local governmental standards and
the act or omission does not constitute willful misconduct or gross
negligence. As used in this subdivision, "injury" includes the
residual effects of the vaccine or other immunizing agent. It is the
intent of the Legislature in adding this subdivision to affect only
the liability of private, nonprofit volunteer agencies and their
members that are not health facilities as defined in Section 1250.
(g) Nothing in this section shall be construed to require
physical presence of a directing or supervising physician, or the
examination by a physician of persons to be tested or immunized.
SECTION 1. It is the intent of the Legislature
to do both of the following:
(a) Protect public health by reducing the spread of influenza in
the community.
(b) Help improve pandemic preparedness through the implementation
of a school located influenza vaccination program in the state.
SEC. 2. Chapter 6 (commencing with Section
120490) is added to Part 2 of Division 105 of the Health and Safety
Code, to read:
CHAPTER 6. SCHOOL BASED INFLUENZA VACCINATION PROGRAM
120490. (a) By July 1, 2013, the department, in consultation with
the State Department of Education and the State Department of Health
Care Services, shall establish a one year pilot program to provide,
at no charge, the seasonal influenza vaccine through the federal
Vaccines for Children Program (42 U.S.C. Sec. 1396s) at the
elementary or secondary schools of not more than three participating
school districts and counties. The State Department of Health Care
Services shall establish an administration fee pursuant to the
federal program to provide the influenza vaccine to participating
school districts where more than 50 percent of the pupils qualify for
Medi-Cal.
(b) No later than 90 days following the completion of the pilot
program, participating county and a school district shall submit a
written report on the results of the program to the department. The
report shall include all of the following:
(1) An assessment of the seasonal influenza vaccination rates of
school-aged children in localities where the program is implemented,
compared to the national average.
(2) An assessment of the number of education days gained,
including statistics on the average daily attendance rates and
absenteeism among school-aged children and faculty.
(3) If feasible, an assessment of other indirect benefits,
including the impact on hospital stays for influenza-like-illness,
physician visits, and medication usage.
(4) A recommendation of whether the pilot program should be
expanded.