Texas 2011 - 82nd Regular

Texas Senate Bill SB1177 Compare Versions

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Old	New	Differences
1	1	82R28822 YDB-F
2	2	By: Nelson S.B. No. 1177
3	3	(Zerwas, Naishtat)
4	4	Substitute the following for S.B. No. 1177: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the adoption by health care facilities of a policy on
10	10	vaccine preventable diseases; imposing penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. The heading to Subtitle A, Title 4, Health and
13	13	Safety Code, is amended to read as follows:
14	14	SUBTITLE A. FINANCING, CONSTRUCTING, REGULATING, AND INSPECTING
15	15	HEALTH FACILITIES
16	16	SECTION 2. Subtitle A, Title 4, Health and Safety Code, is
17	17	amended by adding Chapter 224 to read as follows:
18	18	CHAPTER 224. POLICY ON VACCINE PREVENTABLE DISEASES
19	19	Sec. 224.001. DEFINITIONS. In this chapter:
20	20	(1) "Covered individual" means:
21	21	(A) an employee of the health care facility;
22	22	(B) an individual providing direct patient care
23	23	under a contract with a health care facility; or
24	24	(C) an individual to whom a health care facility
25	25	has granted privileges to provide direct patient care.
26	26	(2) "Health care facility" means:
27	27	(A) a facility licensed under Subtitle B,
28	28	including a hospital as defined by Section 241.003; or
29	29	(B) a hospital maintained or operated by this
30	30	state.
31	31	(3) "Regulatory authority" means a state agency that
32	32	regulates a health care facility under this code.
33	33	(4) "Vaccine preventable diseases" means the diseases
34	34	included in the most current recommendations of the Advisory
35	35	Committee on Immunization Practices of the Centers for Disease
36	36	Control and Prevention.
37	37	Sec. 224.002. VACCINE PREVENTABLE DISEASES POLICY
38	38	REQUIRED. (a) Each health care facility shall develop and
39	39	implement a policy to protect its patients from vaccine preventable
40	40	diseases.
41	41	(b) The policy must:
42	42	(1) require covered individuals to receive vaccines
43	43	for the vaccine preventable diseases specified by the facility
44	44	based on the level of risk the individual presents to patients by
45	45	the individual's routine and direct exposure to patients;
46	46	(2) specify the vaccines a covered individual is
47	47	required to receive based on the level of risk the individual
48	48	presents to patients by the individual's routine and direct
49	49	exposure to patients;
50	50	(3) include procedures for verifying whether a covered
51	51	individual has complied with the policy;
52	52	(4) include procedures for a covered individual to be
53	53	exempt from the required vaccines for the medical conditions
54	54	identified as contraindications or precautions by the Centers for
55	55	Disease Control and Prevention;
56	56	(5) for a covered individual who is exempt from the
57	57	required vaccines, include procedures the individual must follow to
58	58	protect facility patients from exposure to disease, such as the use
59	59	of protective medical equipment, such as gloves and masks, based on
60	60	the level of risk the individual presents to patients by the
61	61	individual's routine and direct exposure to patients;
62	62	(6) prohibit discrimination or retaliatory action
63	63	against a covered individual who is exempt from the required
64	64	vaccines for the medical conditions identified as
65	65	contraindications or precautions by the Centers for Disease Control
66	66	and Prevention, except that required use of protective medical
67	67	equipment, such as gloves and masks, may not be considered
68	68	retaliatory action for purposes of this subdivision;
69	69	(7) require the health care facility to maintain a
70	70	written or electronic record of each covered individual's
71	71	compliance with or exemption from the policy; and
72	72	(8) include disciplinary actions the health care
73	73	facility is authorized to take against a covered individual who
74	74	fails to comply with the policy.
75	75	(c) The policy may include procedures for a covered
76	76	individual to be exempt from the required vaccines based on reasons
77	77	of conscience, including a religious belief.
78	78	Sec. 224.003. DISASTER EXEMPTION. (a) In this section,
79	79	"public health disaster" has the meaning assigned by Section
80	80	81.003.
81	81	(b) During a public health disaster, a health care facility
82	82	may prohibit a covered individual who is exempt from the vaccines
83	83	required in the policy developed by the facility under Section
84	84	224.002 from having contact with facility patients.
85	85	Sec. 224.004. DISCIPLINARY ACTION. A health care facility
86	86	that violates this chapter is subject to an administrative or civil
87	87	penalty in the same manner, and subject to the same procedures, as
88	88	if the facility had violated a provision of this code that
89	89	specifically governs the facility.
90	90	Sec. 224.005. RULES. The appropriate rulemaking authority
91	91	for each regulatory authority shall adopt rules necessary to
92	92	implement this chapter.
93	93	SECTION 3. Not later than June 1, 2012, a state agency that
94	94	regulates a health care facility subject to Chapter 224, Health and
95	95	Safety Code, as added by this Act, shall adopt the rules necessary
96	96	to implement that chapter.
97	97	SECTION 4. Notwithstanding Chapter 224, Health and Safety
98	98	Code, as added by this Act, a health care facility subject to that
99	99	chapter is not required to have a policy on vaccine preventable
100	100	diseases in effect until September 1, 2012.
101	101	SECTION 5. This Act takes effect September 1, 2011.