82R28822 YDB-F
By: Nelson S.B. No. 1177
(Zerwas, Naishtat)
Substitute the following for S.B. No. 1177: No.
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) "Covered individual" means:
(A) an employee of the health care facility;
(B) an individual providing direct patient care
under a contract with a health care facility; or
(C) an individual to whom a health care facility
has granted privileges to provide direct patient care.
(2) "Health care facility" means:
(A) a facility licensed under Subtitle B,
including a hospital as defined by Section 241.003; or
(B) a hospital maintained or operated by this
state.
(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 covered individuals to receive vaccines
for the vaccine preventable diseases specified by the facility
based on the level of risk the individual presents to patients by
the individual's routine and direct exposure to patients;
(2) specify the vaccines a covered individual is
required to receive based on the level of risk the individual
presents to patients by the individual's routine and direct
exposure to patients;
(3) include procedures for verifying whether a covered
individual has complied with the policy;
(4) include procedures for a covered individual to be
exempt from the required vaccines for the medical conditions
identified as contraindications or precautions by the Centers for
Disease Control and Prevention;
(5) for a covered individual who is exempt from the
required vaccines, include procedures the individual must follow to
protect facility patients from exposure to disease, such as the use
of protective medical equipment, such as gloves and masks, based on
the level of risk the individual presents to patients by the
individual's routine and direct exposure to patients;
(6) prohibit discrimination or retaliatory action
against a covered individual who is exempt from the required
vaccines for the medical conditions identified as
contraindications or precautions by the Centers for Disease Control
and Prevention, except that required use of protective medical
equipment, such as gloves and masks, may not be considered
retaliatory action for purposes of this subdivision;
(7) require the health care facility to maintain a
written or electronic record of each covered individual's
compliance with or exemption from the policy; and
(8) include disciplinary actions the health care
facility is authorized to take against a covered individual who
fails to comply with the policy.
(c) The policy may include procedures for a covered
individual 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 a covered individual 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.