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                                 HOUSE AMENDED
        PRIOR PRINTER'S NOS. 880, 1169, 1379,         PRINTER'S NO. 1654
        1388

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 769 Session of 2003


        INTRODUCED BY CORMAN, MOWERY, KUKOVICH, D. WHITE, WAGNER,
           ERICKSON, BOSCOLA, RAFFERTY, KITCHEN, WAUGH, COSTA, STOUT,
           MUSTO, RHOADES AND KASUNIC, MAY 19, 2003

        AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE
           OF REPRESENTATIVES, AS AMENDED, JUNE 8, 2004

                                     AN ACT

     1  Providing for immunization against the influenza virus and
     2     pneumococcal disease for 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     "Facilities providing ongoing medical care."  Physicians'
    15  offices, public health clinics, hemodialysis centers, hospital
    16  specialty-care clinics and outpatient rehabilitation programs.

     1     "Hospital."  An institution licensed as a hospital by the
     2  Department of Health pursuant to Chapter 8 of the act of July
     3  19, 1979 (P.L.130, No.48), known as the Health Care Facilities
     4  Act.
     5  Section 3.  Vaccination offered to eligible persons.
     6     (a)  General rule.--When an eligible person is admitted to a
     7  hospital for a period of more than 24 hours for a condition
     8  unrelated to the influenza virus or pneumococcal disease, he or
     9  she shall be informed that a vaccination for the influenza virus
    10  and pneumococcal disease is available and provided the
    11  opportunity to receive vaccination against the influenza virus
    12  and pneumococcal disease prior to discharge from the hospital.
    13  Immunization shall be conducted in accordance with the
    14  recommendations of the Advisory Committee on Immunization
    15  Practices of the Centers for Disease Control and Prevention.
    16     (b)  Other facilities to offer vaccination.--Vaccination for
    17  the influenza virus and pneumococcal disease shall also be
    18  offered to an eligible person at facilities providing ongoing
    19  medical care to the extent possible as determined by the
    20  facility. If the facility determines it is not possible to
    21  provide the vaccine, information shall be provided to the
    22  patient on other options for obtaining the vaccine.
    23     (c)  Time frame for availability of influenza and
    24  pneumococcal vaccine.--The influenza and pneumococcal vaccine     <--
    25  PNEUMOCOCCAL VACCINE.--                                           <--
    26         (1)  THE INFLUENZA VACCINE shall be made available for
    27     eligible persons during the months of October and November.
    28     Vaccination efforts may continue into December and later
    29     based on availability of the vaccine.
    30         (2)  THE PNEUMOCOCCAL VACCINE SHALL BE AVAILABLE FOR       <--
    20030S0769B1654                  - 2 -     

     1     ELIGIBLE PERSONS.
     2     (d)  Protocols.--Vaccines may be administered under
     3  institution-approved or physician-approved protocols after an
     4  assessment has been made for contraindications.
     5     (e)  Responsibility of person administering vaccine.--It
     6  shall be the responsibility of the person administering the
     7  vaccine to inquire as to whether the eligible person has already
     8  received a vaccination against the influenza virus or
     9  pneumococcal disease for the year in question.                    <--
    10     (f)  Documentation of vaccine.--Receipt of the vaccination
    11  shall be documented on the patient's chart and made a part of
    12  the patient's permanent record at the hospital or other
    13  facility.
    14  Section 4.  Responsibilities of department.
    15     (a)  Promulgation of regulations.--The department shall MAY    <--
    16  promulgate regulations relating to this act, taking into
    17  consideration the recommendations of the Advisory Committee on
    18  Immunization Practices of the Centers for Disease Control and
    19  Prevention.
    20     (b)  Educational materials.--The department shall make
    21  available educational and informational materials to all
    22  hospitals and other facilities providing ongoing medical care
    23  concerning vaccination against the influenza virus and
    24  pneumococcal disease.
    25  Section 5.  Effective date.
    26     This act shall take effect in 90 days.



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