S.B. No. 1328 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. ______________________________ ______________________________ President of the Senate Speaker of the House I hereby certify that S.B. No. 1328 passed the Senate on April 16, 2009, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate I hereby certify that S.B. No. 1328 passed the House on May 26, 2009, by the following vote: Yeas 140, Nays 0, one present not voting. ______________________________ Chief Clerk of the House Approved: ______________________________ Date ______________________________ Governor