California Assembly Bill AB2009 Amended / Bill

 BILL NUMBER: AB 2009AMENDED 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.