By: Nelson S.B. No. 1177
(In the Senate - Filed March 4, 2011; March 16, 2011, read
first time and referred to Committee on Health and Human Services;
April 7, 2011, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 8, Nays 0; April 7, 2011,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1177 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to the adoption by health care facilities of a policy on
vaccine preventable diseases; imposing penalties.
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) a facility licensed under Subtitle B of this
title, including a hospital as defined by Section 241.003; or
(B) a hospital maintained or operated by this
state.
(2) "Employee" includes:
(A) an individual providing direct patient care
pursuant to a contract with a health care facility; and
(B) an individual to whom a health care facility
has granted privileges to provide direct patient care.
(3) "Regulatory authority" means a state agency that
regulates a health care facility under this code.
(4) "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 specified
by the facility based on the level of risk the employee presents to
patients by the employee's routine and direct exposure to patients;
(2) specify the vaccines a health care facility
employee is required to receive based on the level of risk the
employee presents to patients by the employee's routine and direct
exposure to patients;
(3) include procedures for verifying whether a health
care facility employee has complied with the policy;
(4) include procedures for a health care facility
employee to be exempt from the required vaccines for medical
reasons;
(5) 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 routine and direct exposure to
patients;
(6) 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
(7) 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. DISASTER EXEMPTION. (a) In this section,
"public health disaster" has the meaning assigned by Section
81.003.
(b) During a public health disaster, a health care facility
may prohibit an employee who is exempt from the vaccines required in
the policy developed by the facility under Section 224.002 from
having contact with facility patients.
Sec. 224.004. 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. 224.005. RULES. The appropriate rulemaking authority
for each regulatory authority shall adopt rules necessary to
implement this chapter.
SECTION 3. Not later than June 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.
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