BILL ANALYSIS �
AB 2069
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Date of Hearing: April 22, 2014
ASSEMBLY COMMITTEE ON HEALTH
Richard Pan, Chair
AB 2069 (Maienschein) - As Amended: April 21, 2014
SUBJECT : Immunizations: influenza.
SUMMARY : Requires the State Department of Public Health (DPH)
to post educational information regarding influenza (flu)
vaccinations on its Internet Website. Specifically, this bill :
1)Requires DPH to annually post educational information
regarding flu and the availability of flu vaccines on its
Internet Website prior to the annual flu season, including,
but not limited to, all of the following:
a) The health benefits of a flu vaccine;
b) That the flu vaccine may be a covered benefit for those
with health insurance coverage; and,
c) That flu vaccines may be available for a minimal fee to
those individuals who do not have health insurance
coverage.
2)Authorizes DPH to use additional available resources to
educate the public about flu vaccination, including public
service announcements, media events, public outreach to
individuals and groups who are susceptible to flu, and any
other preventive and wellness education efforts recommended by
public health officials.
3)Makes various findings and declarations regarding the
importance of flu vaccination.
EXISTING LAW :
1)Requires DPH to promptly identify, prevent, and control
infectious diseases that pose a threat to public health,
including emerging and re-emerging infectious diseases,
vaccine-preventable agents, bacterial toxins, bioterrorism,
and pandemics.
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2)Requires DPH to provide appropriate flu vaccine to local
governmental or private, nonprofit agencies at no charge so
the agencies may vaccinate people, at a minimal cost, at
accessible locations. Requires DPH and the California
Department of Aging 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.
3)Requires general acute care hospitals (GACHs) to offer, prior
to discharge, immunizations for flu and pneumococcal disease
to inpatients, aged 65 year or older, based upon the adult
immunization recommendations of the Advisory Committee on
Immunization Practices (ACIP), the Center for Disease Control
and Prevention (CDC), and the recommendations of appropriate
entities for the prevention, detection, and control of flu
outbreaks in California GACHs.
FISCAL EFFECT : This bill has not been analyzed by a fiscal
committee.
COMMENTS :
1)PURPOSE OF THIS BILL . According to the author this bill will
provide additional information to the public regarding the
importance of getting a flu vaccine. The author further
states that Sacramento County data show that the majority of
people hospitalized or who died from the flu in 2013 had not
been immunized and that state officials have been quoted as
saying that unfortunately, people are becoming ill or dying
because they do not take advantage of available vaccines.
2)BACKGROUND .
a) Influenza. According to DPH's Website, influenza, or
flu, is a contagious respiratory illness caused by flu
viruses, that can cause mild to severe illness and at times
can lead to death. The best way to prevent flu is by
getting a flu vaccination each year. The CDC recommends a
yearly flu vaccine for everyone six months of age and older
as the first and most important step in protecting against
this serious disease. While there are many different flu
viruses, the flu vaccine is designed to protect against the
three main flu strains that research indicate will cause
the most illness during the flu season.
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In February 2010, the ACIP, which advises the CDC on
vaccine issues, voted to recommend that all people aged six
months and older obtain a flu vaccine. However, the CDC
also points out that while everyone should get flu vaccine
each flu season, it is especially important that the
following groups get vaccinated either because they are at
a high risk of having serious flu-related complications or
because they live with or care for people at high risk for
developing flu-related complications: pregnant women;
children younger than five; but especially children younger
than two years old; people 50 years of age and older;
people of any age with certain chronic medical conditions;
people who live in nursing homes and other long-term care
facilities; and, people who live with or care for those at
high risk for complications from flu.
b) National and California seasonal flu immunization rates.
According to CDC estimates, the California rate of
immunization was below the national average during each of
the last four flu seasons for individuals age six months
and older.
i) 2009-10 season: National average: 41.2%.
California average: 36.9%;
ii) 2010-11 season: National average: 43%. California
average: 38.9%;
iii) 2011-12 season: National average: 41.8%. California
average: 40.5%; and,
iv) 2012-13 season: National average: 45%. California
average: 44.2%.
3)SUPPORT . The American Federation of State, County and
Municipal Employees, AFL-CIO (AFSCME) states this bill would
help hospitals combat the flu by educating discharged patients
about the vaccine available to protect them from contracting
the virus. AFSCME also notes, given the level of misdirected
hysteria surrounding the use of vaccinations, it would benefit
patients to have access to information regarding the
advantages of vaccinating against preventable ailments. The
California Children's Hospital Association also supports this
bill and says they believe educating the public on the
availability of vaccinations that can prevent a potentially
deadly virus infection is a critical component in reducing the
severity of the annual flu season.
4)PREVIOUS LEGISLATION .
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a) AB 689 (Bonta) of 2013 would have required each GACH to
offer an onsite flu vaccine annually to all patients prior
to discharge, as specified, and required hospitals to
inform patients they may be required to pay for the
vaccination. AB 689 was held in the Assembly
Appropriations Committee.
b) AB 599 (Donnelly) of 2013 would have provided that
existing law, which allows a minor who is 12 years of age
or older and who may have come into contact with an
infectious, contagious, or communicable disease to consent
to medical care, as specified, does not authorize a minor
to receive a vaccine without the consent of the parent or
guardian of the minor. AB 599 failed passage in the
Assembly Judiciary Committee.
c) AB 2109 (Pan), Chapter 821, Statutes of 2012, requires
on and after January 1, 2014, a separate form prescribed by
DPH to accompany a letter or affidavit to exempt a child
from immunization requirements under existing law on the
basis that an immunization is contrary to beliefs of the
child's parent or guardian.
d) AB 106 (Berg), Chapter 378, Statutes of 2007, requires a
GACH to offer, prior to discharge, immunizations for flu
and pneumococcal disease to its inpatients aged 65 years of
age or older, as specified.
e) AB 1711 (Strickland), Chapter 58, Statutes of 2005,
authorizes a registered nurse or licensed pharmacist in
skilled nursing facilities to administer flu and
pneumococcal immunizations to a patient over 50 years of
age, pursuant to standing orders and without patient
specific orders, if the immunization standing orders that
are not patient-specific meet prescribed federal
recommendations and are approved by the medical director of
the facility.
f) AB 691 (Daucher), Chapter 36, Statutes of 2004, requires
specified nursing facilities to offer immunizations for flu
and pneumococcal disease to residents that are 65 years or
older.
5)SUGGESTED AMENDMENTS . DPH currently posts educational
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information regarding the flu and the availability of
vaccinations on its Internet Website, although not all of the
information required by this bill. In order to improve the
content on the DPH Website, committee staff suggest the
following amendments:
a) Delete the requirement that information be posted prior
to flu season, and require it to be posted year round; and,
b) Require DPH to include information on where low or
no-cost flu vaccinations can be obtained.
REGISTERED SUPPORT / OPPOSITION :
Support
American Academy of Pediatrics, California District IX
American Federation of State, County and Municipal Employees,
AFL-CIO
Biocom
California Children's Hospital Association
Opposition
None on file.
Analysis Prepared by : Lara Flynn / HEALTH / (916) 319-2097