House Bill hb1003

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    Florida House of Representatives - 2001                HB 1003

        By Representative Paul






  1                      A bill to be entitled

  2         An act relating to nursing homes; amending s.

  3         400.141, F.S.; prescribing duties of nursing

  4         homes with respect to influenza and

  5         polysaccharide pneumococcal vaccinations;

  6         providing an effective date.

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  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  Subsections (14), (15), and (16) are added

11  to section 400.141, Florida Statutes, to read:

12         400.141  Administration and management of nursing home

13  facilities.--Every licensed facility shall comply with all

14  applicable standards and rules of the agency and shall:

15         (14)  Before November 30 of each year, subject to the

16  availability of an adequate supply of the necessary vaccine,

17  provide for immunizations against influenzae virus to all its

18  consenting residents in accordance with the recommendations of

19  the U.S. Centers for Disease Control and Prevention, subject

20  to exemptions for medical contraindications and religious or

21  personal beliefs. Subject to these exemptions, any person who

22  becomes a resident of the facility after November 30 but

23  before March 31 of the following year must be immunized within

24  5 working days after becoming a resident. Immunization shall

25  not be provided to any resident who provides documentation

26  that he or she has been immunized as required by this

27  subsection. This subsection does not prohibit a resident from

28  receiving the immunization from his or her personal physician

29  if he or she so chooses. A resident who chooses to receive the

30  immunization from his or her personal physician shall provide

31  proof of immunization to the facility.

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    Florida House of Representatives - 2001                HB 1003

    787-102-01






  1         (15)  Assess all residents for eligibility for

  2  polysaccharide pneumococcal vaccination (PPV) and vaccinate

  3  residents when indicated within 60 days after the effective

  4  date of this act in accordance with the recommendations of the

  5  U.S. Centers for Disease Control and Prevention, subject to

  6  exemptions for medical contraindications and religious or

  7  personal beliefs. Residents admitted after the effective date

  8  of this act shall be assessed within 5 days of admission.

  9  Immunization shall not be provided to any resident who

10  provides documentation that he or she has been immunized as

11  required by this subsection. This subsection does not prohibit

12  a resident from receiving the immunization from his or her

13  personal physician if he or she so chooses. A resident who

14  chooses to receive the immunization from his or her personal

15  physician shall provide proof of immunization to the facility.

16         (16)  Annually encourage and promote to its employees

17  the benefits associated with immunizations against influenzae

18  virus in accordance with the recommendations of the U.S.

19  Centers for Disease Control and Prevention.

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21  Facilities that have been awarded a Gold Seal under the

22  program established in s. 400.235 may develop a plan to

23  provide certified nursing assistant training as prescribed by

24  federal regulations and state rules and may apply to the

25  agency for approval of its program.

26         Section 2.  This act shall take effect upon becoming a

27  law.

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    Florida House of Representatives - 2001                HB 1003

    787-102-01






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  2                          SENATE SUMMARY

  3    Prescribes the duty of a nursing home to assure that its
      residents have influenza and polysaccharide pneumococcal
  4    vaccinations, unless those are medically contraindicated
      or declined for religious or personal reasons. A resident
  5    may have a vaccination administered by a personal
      physician, but must furnish proof thereof to the nursing
  6    home. Requires nursing homes to encourage employees to
      obtain influenza vaccinations.
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