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Texas Senate Bill SB424

Texas 2009 - 81st Regular

Texas Senate Bill SB424 Compare Versions

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11 81R31559 SJM-F
22 By: Van de Putte S.B. No. 424
33 Substitute the following for S.B. No. 424:
44 By: Kolkhorst C.S.S.B. No. 424
55
66
77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to a school-based influenza vaccination pilot program and
1010 study.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. ADMINISTRATION OF PILOT PROGRAM AND STUDY. (a)
1313 The Department of State Health Services and the Texas Education
1414 Agency shall jointly implement a school-based influenza
1515 vaccination pilot program and conduct a joint study of school-based
1616 influenza vaccination programs in accordance with this Act.
1717 (b) For purposes of the pilot program and study, the Texas
1818 Immunization Stakeholder Working Group shall establish within the
1919 working group a subcommittee composed of representatives from:
2020 (1) the Texas Pediatric Society;
2121 (2) the Texas Academy of Family Physicians;
2222 (3) the Texas Medical Association;
2323 (4) the Texas Association of School Administrators;
2424 (5) the Texas Association of School Boards;
2525 (6) the Texas School Nurses Organization;
2626 (7) an entity with knowledge of best practices for the
2727 effective use of state and local public health resources based on
2828 information from other states that have implemented school-based
2929 influenza vaccination programs;
3030 (8) each school district in which the pilot program
3131 will operate, after the selection of those districts under Section
3232 2(a) of this Act;
3333 (9) the state Medicaid medical director; and
3434 (10) each local health department that serves the
3535 geographic area in which a participating school district is
3636 located.
3737 (c) Members of the Texas Immunization Stakeholder Working
3838 Group that do not serve on the subcommittee shall serve in an
3939 advisory role for the planning and implementation of the
4040 school-based influenza vaccination pilot program and study.
4141 SECTION 2. PILOT PROGRAM. (a) The Department of State
4242 Health Services and the Texas Education Agency shall jointly
4343 establish and implement for the 2009-2010 school year a
4444 school-based influenza vaccination pilot program using both killed
4545 vaccine and live attenuated vaccine in:
4646 (1) a school district with a student population of
4747 50,000 or more that is at least 85 percent economically
4848 disadvantaged and located in a home-rule municipality with a
4949 population of more than 1.1 million;
5050 (2) a school district with a student population that
5151 is less than five percent economically disadvantaged and located in
5252 a municipality with a population of more than 600,000 and less than
5353 one million; and
5454 (3) two school districts selected by the Texas
5555 Immunization Stakeholder Working Group including:
5656 (A) one school district with a student population
5757 that is at least 90 percent economically disadvantaged and located
5858 in a county with a population of 50,000 or less; and
5959 (B) one school district with a student population
6060 that is at least 90 percent economically disadvantaged and located
6161 in a county on the international border.
6262 (b) The Department of State Health Services, the Texas
6363 Education Agency, and the Texas Immunization Stakeholder Working
6464 Group subcommittee shall plan the school-based influenza
6565 vaccination pilot program established and implemented under this
6666 section.
6767 (c) The Department of State Health Services, the Texas
6868 Education Agency, and the Texas Immunization Stakeholder Working
6969 Group subcommittee shall:
7070 (1) implement the school-based influenza vaccination
7171 pilot program in the school districts selected under Subsection (a)
7272 of this section for the 2009-2010 school year; and
7373 (2) collect all relevant data related to the program
7474 during the 2009-2010 school year.
7575 (d) The Department of State Health Services and the Texas
7676 Education Agency may seek, receive, and spend money received
7777 through an appropriation, grant, donation, or reimbursement from
7878 any public or private source to implement the school-based
7979 influenza vaccination pilot program.
8080 (e) The Department of State Health Services, the Texas
8181 Education Agency, and the Texas Immunization Stakeholder Working
8282 Group subcommittee may not, during the period a declaration of a
8383 state of disaster is in effect or the period of school closure,
8484 initiate or continue to administer the school-based influenza
8585 vaccination pilot program in any school district selected under
8686 Subsection (a) of this section if:
8787 (1) the governor declares a state of disaster related
8888 to a communicable disease, public health emergency, or public
8989 health disaster that applies to an area in which one of the school
9090 districts is located; or
9191 (2) all schools in one of the school districts are
9292 closed in compliance with an order issued because of a communicable
9393 disease under Chapter 81, Health and Safety Code, or other law.
9494 (f) If the presiding officer of the governing body of a
9595 political subdivision declares a local state of disaster related to
9696 a communicable disease, public health emergency, or public health
9797 disaster that applies to an area in which one of the school
9898 districts selected under Subsection (a) of this section is located,
9999 the Department of State Health Services, the Texas Education
100100 Agency, and the Texas Immunization Stakeholder Working Group
101101 subcommittee may not, during the period of the state of disaster,
102102 initiate or continue to administer the school-based influenza
103103 vaccination pilot program in that school district.
104104 SECTION 3. STUDY. (a) The Department of State Health
105105 Services and the Texas Education Agency shall conduct a joint study
106106 of school-based influenza vaccination programs.
107107 (b) Members of the Texas Immunization Stakeholder Working
108108 Group subcommittee shall make recommendations to the Department of
109109 State Health Services and the Texas Education Agency regarding:
110110 (1) the design of the survey instrument used to
111111 collect data from schools with an influenza vaccination program
112112 under Subsection (c)(2) of this section; and
113113 (2) the content of the report required under Section 4
114114 of this Act.
115115 (c) The Department of State Health Services and the Texas
116116 Education Agency shall:
117117 (1) identify school districts in this state in which a
118118 school-based influenza vaccination program has been conducted on or
119119 after September 1, 2006;
120120 (2) collect relevant data related to the programs,
121121 including, when available:
122122 (A) how an influenza vaccine was purchased or
123123 obtained;
124124 (B) a comparison of how insured and uninsured
125125 students were managed under the program;
126126 (C) the costs associated with administering the
127127 program;
128128 (D) for each school year that the program was
129129 administered, the number of students, by grade level, that:
130130 (i) were vaccinated, refused the vaccine,
131131 or were not vaccinated; and
132132 (ii) were enrolled in the school district;
133133 (E) the number of school faculty and staff
134134 vaccinated;
135135 (F) student absentee rates during a school year
136136 that the school district:
137137 (i) administered a program; and
138138 (ii) did not administer a program;
139139 (G) the number of schools that closed due to
140140 influenza or influenza-like illness and the number of days that
141141 each school was closed;
142142 (H) the nature and degree of involvement in the
143143 implementation of a program of:
144144 (i) a public health department;
145145 (ii) other community resources; or
146146 (iii) private health care providers; and
147147 (I) whether the vaccinations were reported to the
148148 immunization registry maintained by the Department of State Health
149149 Services under Section 161.007, Health and Safety Code;
150150 (3) identify best practices of a school district that
151151 implemented a school-based influenza vaccination program; and
152152 (4) identify barriers encountered by a school district
153153 that implemented a school-based influenza vaccination program and
154154 how the barriers were overcome.
155155 SECTION 4. REPORT. Not later than December 1, 2010, the
156156 Department of State Health Services and the Texas Education Agency
157157 shall submit to the governor, lieutenant governor, speaker of the
158158 house of representatives, and presiding officer of each standing
159159 committee of the legislature with jurisdiction over the department
160160 and the agency a jointly written report, based on the
161161 implementation and results of the school-based influenza
162162 vaccination pilot program and the study of school-based influenza
163163 vaccination programs, that evaluates the feasibility of
164164 implementing an annual statewide school-based influenza
165165 vaccination program. The report must include:
166166 (1) an analysis of the costs and benefits of
167167 implementing the school-based influenza vaccination pilot program
168168 in each school district listed by Section 2(a) of this Act;
169169 (2) an analysis of the costs and benefits of
170170 implementing school-based influenza vaccination programs
171171 throughout this state;
172172 (3) identification of barriers to implementing the
173173 school-based influenza vaccination pilot program and other similar
174174 programs throughout this state and recommendations for removing
175175 those barriers;
176176 (4) a projection of the fiscal impact of implementing
177177 a statewide school-based influenza vaccination program;
178178 (5) an analysis of the impact of the pilot program and
179179 the other programs studied on private practice physicians and
180180 health care providers who administer influenza vaccinations in this
181181 state, based on the programs studied;
182182 (6) an analysis of the impact of a statewide
183183 school-based influenza vaccination program on private practice
184184 physicians and health care providers who administer influenza
185185 vaccinations in this state and recommendations for how to overcome
186186 any barriers; and
187187 (7) the role of public health departments and
188188 community resources in the administration of school-based
189189 influenza vaccination programs.
190190 SECTION 5. EXPIRATION. This Act expires September 1, 2011.
191191 SECTION 6. FISCAL IMPACT. This Act does not make an
192192 appropriation. A provision in this Act that creates a new
193193 governmental program, creates a new entitlement, or imposes a new
194194 duty on a governmental entity is not mandatory during a fiscal
195195 period for which the legislature has not made a specific
196196 appropriation to implement the provision.
197197 SECTION 7. EFFECTIVE DATE. This Act takes effect
198198 immediately if it receives a vote of two-thirds of all the members
199199 elected to each house, as provided by Section 39, Article III, Texas
200200 Constitution. If this Act does not receive the vote necessary for
201201 immediate effect, this Act takes effect September 1, 2009.