BILL NUMBER: AB 2009	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012
	AMENDED IN ASSEMBLY  MARCH 19, 2012

INTRODUCED BY   Assembly Member Galgiani

                        FEBRUARY 23, 2012

   An act to 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 on the
immunization status of young children in California.
   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
  , instead, give priority to persons within high-risk
groups, as defined by the department based upon specified federal
recommendations or, in the absence of these recommendations, based
upon the need to protect persons who are at the greatest risk of harm
from the influenza virus  . 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) The federal Centers for Disease Control and Prevention (CDC)
recommend annual seasonal influenza vaccination for all persons six
months of age and older.
   (b) Current law related to prioritization for influenza vaccines
is outdated and needs to be updated to reflect current CDC
recommendations.
   (c) 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.
   (d) Eligible low-income and uninsured children can access vaccine
at no cost through the federally funded Vaccines for Children (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 in this state and then
to any other   to persons within  high-risk groups
 identified by the United States Public Health Service
  ,   as defined by the department, based upon
the influenza recommendations of the federal Centers for Disease
Control and Prevention or, in the absence of federal recommendation,
based upon the need to protect persons who are at the greatest risk
of harm from the influenza virus  . The department and the
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 use 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 use federal funds due to excessive administrative costs, the
department shall seek and use 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 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   these  immunizing agents, (2)
treatment of possible anaphylactic reactions, and (3) the
administration of treatment and reactions to  such 
 these  immunizing agents.
   (f)  A 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 not 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)  This section shall not 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.