Pennsylvania Act 2004-85 — ELDERLY IMMUNIZATION ACT - ENACTMENT

Act text

ELDERLY IMMUNIZATION ACT - ENACTMENT
                  Act of Jul. 15, 2004, P.L. 731, No. 85              Cl. 35
                                  AN ACT

     Providing for immunization against the influenza virus and
        pneumococcal disease for elderly persons.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Elderly
     Immunization Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Health of the Commonwealth.
        "Eligible person."  A person 65 years of age or older.
        "Facilities providing ongoing medical care."  Physicians'
     offices, public health clinics, hemodialysis centers, hospital
     specialty-care clinics and outpatient rehabilitation programs.
        "Hospital."  An institution licensed as a hospital by the
     Department of Health pursuant to Chapter 8 of the act of July
     19, 1979 (P.L.130, No.48), known as the Health Care Facilities
     Act.
     Section 3.  Vaccination offered to eligible persons.
        (a)  General rule.--When an eligible person is admitted to a
     hospital for a period of more than 24 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.
     Immunization shall be conducted in accordance with the
     recommendations of the Advisory Committee on Immunization
     Practices of the Centers for Disease Control and Prevention.
        (b)  Other facilities to offer vaccination.--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.
        (c)  Time frame for availability of influenza and
     pneumococcal vaccine.--
            (1)  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.
            (2)  The pneumococcal vaccine shall be available for
        eligible persons.
        (d)  Protocols.--Vaccines may be administered under
     institution-approved or physician-approved protocols after an
     assessment has been made for contraindications.
        (e)  Responsibility of person administering vaccine.--It
     shall be 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.
        (f)  Documentation of vaccine.--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.
     Section 4.  Responsibilities of department.
        (a)  Promulgation of regulations.--The department may
     promulgate regulations relating to this act, taking into
     consideration the recommendations of the Advisory Committee on
     Immunization Practices of the Centers for Disease Control and
     Prevention.
        (b)  Educational materials.--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.
     Section 5.  Effective date.
        This act shall take effect in 90 days.