Introduced Version
Senate Bill 634 History
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Key: Green = existing Code. Red = new code to be enacted
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.