81R31559 SJM-F
By: Van de Putte S.B. No. 424
Substitute the following for S.B. No. 424:
By: Kolkhorst C.S.S.B. No. 424
A BILL TO BE ENTITLED
AN ACT
relating to a school-based influenza vaccination pilot program and
study.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. ADMINISTRATION OF PILOT PROGRAM AND STUDY. (a)
The Department of State Health Services and the Texas Education
Agency shall jointly implement a school-based influenza
vaccination pilot program and conduct a joint study of school-based
influenza vaccination programs in accordance with this Act.
(b) For purposes of the pilot program and study, the Texas
Immunization Stakeholder Working Group shall establish within the
working group a subcommittee composed of representatives from:
(1) the Texas Pediatric Society;
(2) the Texas Academy of Family Physicians;
(3) the Texas Medical Association;
(4) the Texas Association of School Administrators;
(5) the Texas Association of School Boards;
(6) the Texas School Nurses Organization;
(7) an entity with knowledge of best practices for the
effective use of state and local public health resources based on
information from other states that have implemented school-based
influenza vaccination programs;
(8) each school district in which the pilot program
will operate, after the selection of those districts under Section
2(a) of this Act;
(9) the state Medicaid medical director; and
(10) each local health department that serves the
geographic area in which a participating school district is
located.
(c) Members of the Texas Immunization Stakeholder Working
Group that do not serve on the subcommittee shall serve in an
advisory role for the planning and implementation of the
school-based influenza vaccination pilot program and study.
SECTION 2. PILOT PROGRAM. (a) The Department of State
Health Services and the Texas Education Agency shall jointly
establish and implement for the 2009-2010 school year a
school-based influenza vaccination pilot program using both killed
vaccine and live attenuated vaccine in:
(1) a school district with a student population of
50,000 or more that is at least 85 percent economically
disadvantaged and located in a home-rule municipality with a
population of more than 1.1 million;
(2) a school district with a student population that
is less than five percent economically disadvantaged and located in
a municipality with a population of more than 600,000 and less than
one million; and
(3) two school districts selected by the Texas
Immunization Stakeholder Working Group including:
(A) one school district with a student population
that is at least 90 percent economically disadvantaged and located
in a county with a population of 50,000 or less; and
(B) one school district with a student population
that is at least 90 percent economically disadvantaged and located
in a county on the international border.
(b) The Department of State Health Services, the Texas
Education Agency, and the Texas Immunization Stakeholder Working
Group subcommittee shall plan the school-based influenza
vaccination pilot program established and implemented under this
section.
(c) The Department of State Health Services, the Texas
Education Agency, and the Texas Immunization Stakeholder Working
Group subcommittee shall:
(1) implement the school-based influenza vaccination
pilot program in the school districts selected under Subsection (a)
of this section for the 2009-2010 school year; and
(2) collect all relevant data related to the program
during the 2009-2010 school year.
(d) The Department of State Health Services and the Texas
Education Agency may seek, receive, and spend money received
through an appropriation, grant, donation, or reimbursement from
any public or private source to implement the school-based
influenza vaccination pilot program.
(e) The Department of State Health Services, the Texas
Education Agency, and the Texas Immunization Stakeholder Working
Group subcommittee may not, during the period a declaration of a
state of disaster is in effect or the period of school closure,
initiate or continue to administer the school-based influenza
vaccination pilot program in any school district selected under
Subsection (a) of this section if:
(1) the governor declares a state of disaster related
to a communicable disease, public health emergency, or public
health disaster that applies to an area in which one of the school
districts is located; or
(2) all schools in one of the school districts are
closed in compliance with an order issued because of a communicable
disease under Chapter 81, Health and Safety Code, or other law.
(f) If the presiding officer of the governing body of a
political subdivision declares a local state of disaster related to
a communicable disease, public health emergency, or public health
disaster that applies to an area in which one of the school
districts selected under Subsection (a) of this section is located,
the Department of State Health Services, the Texas Education
Agency, and the Texas Immunization Stakeholder Working Group
subcommittee may not, during the period of the state of disaster,
initiate or continue to administer the school-based influenza
vaccination pilot program in that school district.
SECTION 3. STUDY. (a) The Department of State Health
Services and the Texas Education Agency shall conduct a joint study
of school-based influenza vaccination programs.
(b) Members of the Texas Immunization Stakeholder Working
Group subcommittee shall make recommendations to the Department of
State Health Services and the Texas Education Agency regarding:
(1) the design of the survey instrument used to
collect data from schools with an influenza vaccination program
under Subsection (c)(2) of this section; and
(2) the content of the report required under Section 4
of this Act.
(c) The Department of State Health Services and the Texas
Education Agency shall:
(1) identify school districts in this state in which a
school-based influenza vaccination program has been conducted on or
after September 1, 2006;
(2) collect relevant data related to the programs,
including, when available:
(A) how an influenza vaccine was purchased or
obtained;
(B) a comparison of how insured and uninsured
students were managed under the program;
(C) the costs associated with administering the
program;
(D) for each school year that the program was
administered, the number of students, by grade level, that:
(i) were vaccinated, refused the vaccine,
or were not vaccinated; and
(ii) were enrolled in the school district;
(E) the number of school faculty and staff
vaccinated;
(F) student absentee rates during a school year
that the school district:
(i) administered a program; and
(ii) did not administer a program;
(G) the number of schools that closed due to
influenza or influenza-like illness and the number of days that
each school was closed;
(H) the nature and degree of involvement in the
implementation of a program of:
(i) a public health department;
(ii) other community resources; or
(iii) private health care providers; and
(I) whether the vaccinations were reported to the
immunization registry maintained by the Department of State Health
Services under Section 161.007, Health and Safety Code;
(3) identify best practices of a school district that
implemented a school-based influenza vaccination program; and
(4) identify barriers encountered by a school district
that implemented a school-based influenza vaccination program and
how the barriers were overcome.
SECTION 4. REPORT. Not later than December 1, 2010, the
Department of State Health Services and the Texas Education Agency
shall submit to the governor, lieutenant governor, speaker of the
house of representatives, and presiding officer of each standing
committee of the legislature with jurisdiction over the department
and the agency a jointly written report, based on the
implementation and results of the school-based influenza
vaccination pilot program and the study of school-based influenza
vaccination programs, that evaluates the feasibility of
implementing an annual statewide school-based influenza
vaccination program. The report must include:
(1) an analysis of the costs and benefits of
implementing the school-based influenza vaccination pilot program
in each school district listed by Section 2(a) of this Act;
(2) an analysis of the costs and benefits of
implementing school-based influenza vaccination programs
throughout this state;
(3) identification of barriers to implementing the
school-based influenza vaccination pilot program and other similar
programs throughout this state and recommendations for removing
those barriers;
(4) a projection of the fiscal impact of implementing
a statewide school-based influenza vaccination program;
(5) an analysis of the impact of the pilot program and
the other programs studied on private practice physicians and
health care providers who administer influenza vaccinations in this
state, based on the programs studied;
(6) an analysis of the impact of a statewide
school-based influenza vaccination program on private practice
physicians and health care providers who administer influenza
vaccinations in this state and recommendations for how to overcome
any barriers; and
(7) the role of public health departments and
community resources in the administration of school-based
influenza vaccination programs.
SECTION 5. EXPIRATION. This Act expires September 1, 2011.
SECTION 6. FISCAL IMPACT. This Act does not make an
appropriation. A provision in this Act that creates a new
governmental program, creates a new entitlement, or imposes a new
duty on a governmental entity is not mandatory during a fiscal
period for which the legislature has not made a specific
appropriation to implement the provision.
SECTION 7. EFFECTIVE DATE. 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.