SB 634 Text

Introduced Version Senate Bill 634 History

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sb634 intr Senate Bill No. 634
(By Senators Unger, Jenkins, Foster and Minard)
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[Introduced March 21, 2005; referred to the Committee
on Health and Human Resources; and then to the Committee on Finance.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-5a, relating to providing for immunization against influenza, virus and pneumococcal disease for elderly persons; defining certain terms and phrases; providing that certain hospitalized persons are informed of the availability of vaccination against the influenza; providing time frames to be vaccinated; providing it is the responsibility of the person administering a vaccination to determine whether an eligible person has already received a vaccination; and providing the Department of Health and Human Resources provide informational materials to hospitals and other facilities concerning vaccinations against influenza and pneumococcal disease.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-3-5a, to read as follows:

ARTICLE 3. PREVENTION AND CONTROL OF COMMUNICABLE AND OTHER INFECTIOUS DISEASES.

§16-3-5a. Immunization for the elderly; definitions; vaccinations to be offered to eligible persons; responsibility of administering health provider; documentation of vaccination; responsibilities of Department; educational materials to be disseminated.

(a) This section shall be known and may be cited as the Elderly Immunization Act.
(b) The words and phrases when used in this section have the following meanings:
(1) "Department" means the Department of Health and Human Resources;
(2) "Eligible person" means a person sixty-five years of age or older.
(3) "Facilities providing ongoing medical care" means physicians' offices, public health clinics, hemodialysis centers, hospital specialty-care clinics and outpatient rehabilitation programs.
(4) "Hospital" means an institution licensed as a hospital by the Department of Health and Human Resources.
(c) When an eligible person is admitted to a hospital for a period of more than twenty-four hours for a condition unrelated to the influenza virus or pneumococcal disease, he or she shall be informed that a vaccination for the influenza virus and pneumococcal disease is available and provided the opportunity to receive vaccination against the influenza virus and pneumococcal disease prior to discharge from the hospital.
(d) Vaccination for the influenza virus and pneumococcal disease shall also be offered to an eligible person at facilities providing ongoing medical care to the extent possible as determined by the facility. If the facility determines it is not possible to provide the vaccine, information shall be provided to the patient on other options for obtaining the vaccine.
(e) The influenza vaccine shall be made available for eligible persons during the months of October and November. Vaccination efforts may continue into December and later based on availability of the vaccine.
(f) Vaccines may be administered under institution-approved or physician-approved protocols after an assessment has been made for contraindications.
(g) It is the responsibility of the person administering the vaccine to inquire as to whether the eligible person has already received a vaccination against the influenza virus or pneumococcal disease.
(h) Receipt of the vaccination shall be documented on the patient's chart and made a part of the patient's permanent record at the hospital or other facility.
(i) The Department shall propose rules in accordance with the provisions of article three, chapter twenty-nine-a of this code designed to effectuate the provisions of this section.
(j) The Department shall make available educational and informational materials to all hospitals and other facilities providing ongoing medical care concerning vaccination against the influenza virus and pneumococcal disease.

NOTE: The purpose of this bill is to provide for immunization against influenza, virus and pneumococcal disease for elderly persons. Toward this purpose the bill defines certain terms and phrases; provides that certain hospitalized persons are informed of the availability of vaccination against the influenza; provides time-frames to be vaccinated; provides it is the responsibility of the person administering a vaccination to determine whether an eligible person has already received a vaccination; and, provides the Department of Health and Human Resources provide informational materials to hospitals and other facilities concerning vaccinations against influenza and pneumococcal disease.

This section is new; therefore, strike-throughs and underscoring have been omitted.