BILL NUMBER: AB 2009 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 3, 2012
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 eliminate the priority order described above
and would , 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 require the
department to provide guidance to local agencies as to whether one or
more population groups are to have priority for the flu vaccine
offered through this program, as specified . The bill
would exempt the se provisions from the Administrative
Procedure Act. 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 to persons
within high-risk groups, 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 . In administering this section, the
department shall provide guidance to local agencies as to whether one
or more population groups shall have priority for the flu vaccine
offered through this program. In developing this guidance, the
department shall consider the influenza recommendations of the
federal Centers for Disease Control and Prevention or
other criteria in order to ensure that the vaccination program is
efficient and effective in meeting public health goals. Any guidance
issued pursuant to this subdivision shall be exempt from the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Gover nment Code).
(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
these immunizing agents, (2) treatment of possible anaphylactic
reactions, and (3) the administration of treatment and reactions to
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.