PRINTER'S NO. 880
No. 769 Session of 2003
INTRODUCED BY CORMAN, MOWERY, KUKOVICH, D. WHITE, WAGNER,
ERICKSON, BOSCOLA, RAFFERTY, KITCHEN, WAUGH, COSTA, STOUT,
MUSTO AND RHOADES, MAY 19, 2003
REFERRED TO PUBLIC HEALTH AND WELFARE, MAY 19, 2003
AN ACT
1 Providing for immunization against the influenza virus for
2 elderly persons.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Elderly
7 Immunization Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Health of the Commonwealth.
13 "Eligible person." A person 65 years of age or older.
14 "Hospital." A facility having an organized medical staff and
15 providing equipment and services primarily for inpatient care to
16 persons who require definitive diagnosis or treatment, or both,
17 for injury, illness, pregnancy or other disability.
1 Section 3. Vaccination offered to eligible persons.
2 (a) General rule.--When an eligible person is admitted to a
3 hospital for a period of more than 24 hours for a condition
4 unrelated to the influenza virus, he or she shall be informed
5 that a vaccination for the influenza virus is available and
6 provided the opportunity to receive vaccination against the
7 influenza virus prior to discharge from the hospital.
8 Immunization shall be conducted in accordance with the
9 recommendations of the Advisory Committee on Immunization
10 Practices of the Centers for Disease Control and Prevention.
11 (b) Time frame for availability of influenza vaccine.--The
12 influenza vaccine shall be made available for eligible persons
13 during the months of October and November. Vaccination efforts
14 may continue into December and later based on availability of
15 the vaccine.
16 (c) Responsibility of person administering vaccine.--It
17 shall be the responsibility of the person administering the
18 vaccine to inquire as to whether the eligible person has already
19 received a vaccination against the influenza virus for the year
20 in question.
21 (d) Documentation of vaccine.--Receipt of the vaccination
22 shall be documented on the patient's chart and made a part of
23 the patient's permanent hospital record.
24 (e) Refusal of the influenza vaccine.--Patients refusing the
25 influenza vaccine shall be requested to sign a form indicating
26 that the vaccine was offered but refused. The form shall contain
27 all relevant patient identification information. Where
28 applicable, the form shall indicate that the vaccination was
29 refused because the patient had already received the
30 vaccination. In the event the patient refuses to sign the form,
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1 the form shall indicate the patient's refusal. The refusal shall
2 be documented on the patient's chart, and the refusal form shall
3 be added to the patient's permanent hospital record.
4 Section 4. Responsibilities of department.
5 (a) Promulgation of regulations.--The department shall
6 promulgate regulations relating to the immunization requirements
7 of this act, taking into consideration the recommendations of
8 the Advisory Committee on Immunization Practices of the Centers
9 for Disease Control and Prevention.
10 (b) Educational materials.--The department shall make
11 available educational and informational materials to all
12 hospitals concerning vaccination against the influenza virus.
13 Section 5. Effective date.
14 This act shall take effect in 90 days.
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