By: Nelson S.B. No. 1328
(In the Senate - Filed March 4, 2009; March 17, 2009, read
first time and referred to Committee on Health and Human Services;
April 6, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 6, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1328 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to a study on the feasibility of providing vaccines to
first responders deployed to a disaster area.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this Act:
(1) "Department" means the Department of State Health
Services.
(2) "Disaster" means:
(A) a public health disaster as defined by
Section 81.003, Health and Safety Code;
(B) a natural or man-made disaster;
(C) a terrorist attack;
(D) a hostile military or paramilitary action;
(E) an extraordinary law enforcement emergency;
or
(F) any other state of disaster declared under
Chapter 418, Government Code.
(3) "First responder" has the meaning assigned by
Section 421.095, Government Code.
(b) The department shall conduct a study to determine the
feasibility of providing vaccines to:
(1) a first responder who may be exposed to
vaccine-preventable diseases during the responder's deployment to
a disaster area; and
(2) the immediate family members of a first responder
to whom the first responder may transmit a vaccine-preventable
disease after deployment to a disaster area.
(c) The study must consider the feasibility of providing the
following vaccines:
(1) the hepatitis B vaccine for first responders who
may be in direct contact with blood and other bodily fluids;
(2) a tetanus-containing vaccine; and
(3) other vaccines or biologicals recommended by the
Centers for Disease Control and Prevention for disasters.
(d) The department shall:
(1) assess the vaccination status of first responders
and their immediate family members in this state;
(2) assess workplace immunization policies and
insurance coverage for first responders;
(3) make recommendations on educating first
responders and their immediate family members about available
options to obtain immunization services, regardless of insurance
coverage;
(4) assess the current ability of the department, in
conjunction with local health departments, to provide vaccines to
first responders and their immediate family members who are
uninsured or underinsured;
(5) identify and recommend funding sources for the
procurement of recommended vaccines for first responders and their
immediate family members who are uninsured or underinsured; and
(6) evaluate the potential use and cost of providing
other biologicals, such as immune globulin, to be used in
conjunction with vaccines to prevent the spread of
vaccine-preventable diseases.
(e) The statewide wellness coordinator designated under
Subsection (a), Section 664.053, Government Code, shall assist the
department in obtaining data from state agencies that employ first
responders by:
(1) consulting with the wellness liaison identified
under Subsection (d), Section 664.053, Government Code, for a state
agency that employs first responders to gain study-related
information from the state agency;
(2) assessing the readiness of each state agency to
administer vaccines to the agency's first responders before
deployment to a disaster area; and
(3) providing to the department appropriate
information from state agencies regarding the current immunization
policies of those agencies.
(f) A state agency that provides data to the department for
purposes of the study shall ensure that the data does not identify a
first responder or family member of a first responder to whom the
data pertains.
(g) Not later than August 1, 2011, the department shall
submit to the legislature a written report containing the findings
of the study and the department's recommendations.
(h) This section expires September 1, 2011.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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