By: Nelson S.B. No. 1177
A BILL TO BE ENTITLED
AN ACT
relating to health care facilities' adoption of a policy on vaccine
preventable diseases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle A, Title 4, Health and
Safety Code, is amended to read as follows:
SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING
HEALTH FACILITIES
SECTION 2. Subtitle A, Title 4, Health and Safety Code, is
amended by adding Chapter 224 to read as follows:
CHAPTER 224. POLICY ON VACCINE PREVENTABLE DISEASES
Sec. 224.001. DEFINITIONS. In this chapter:
(1) "Health care facility" means a hospital or another
facility licensed under Subtitle B of this title or under Chapter
577 to provide inpatient medical care, health care, or mental
health care services to patients in this state.
(2) "Hospital" has the meaning assigned by Section
241.003.
(3) "Regulatory authority" means a state agency that
regulates a health care facility under this code.
(3) "Vaccine preventable diseases" means the diseases
included in the most current recommendations of the Advisory
Committee on Immunization Practices of the Centers for Disease
Control and Prevention.
Sec. 224.002. VACCINE PREVENTABLE DISEASES POLICY
REQUIRED. (a) Each health care facility shall develop and
implement a policy to protect its patients from vaccine preventable
diseases.
(b) The policy must:
(1) require the employees of the health care facility
to receive vaccines for the vaccine preventable diseases identified
in the policy;
(2) include procedures for verifying whether a health
care facility employee has complied with the policy;
(3) include procedures for a health care facility
employee to be exempt from the required vaccines for medical
reasons;
(4) for a health care facility employee who is exempt
from the required vaccines, include procedures the employee must
follow to protect facility patients from exposure to disease, such
as wearing a mask, based on the level of risk the employee presents
to patients by the employee's exposure to patients;
(5) require the health care facility to maintain a
written or electronic record of each health care facility
employee's compliance with or exemption from the policy; and
(6) include disciplinary actions the health care
facility is authorized to take against a health care facility
employee who fails to comply with the policy.
(c) The policy may include procedures for a health care
facility employee to be exempt from the required vaccines based on
reasons of conscience, including a religious belief.
Sec. 224.003. DISCIPLINARY ACTION. A health care facility
that violates this chapter is subject to an administrative or civil
penalty in the same manner, and subject to the same procedures, as
if the facility had violated a provision of this code that
specifically governs the facility.
Sec. 224.004. RULES. The appropriate rulemaking authority
for each regulatory authority shall adopt rules necessary to
implement this chapter.
SECTION 3. Not later than January 1, 2012, a state agency
that regulates a health care facility subject to Chapter 224,
Health and Safety Code, as added by this Act, shall adopt the rules
necessary to implement that chapter.
SECTION 4. Notwithstanding Chapter 224, Health and Safety
Code, as added by this Act, a health care facility subject to that
chapter is not required to have a policy on vaccine preventable
diseases in effect until September 1, 2012.
SECTION 5. This Act takes effect September 1, 2011.