House Bill hb1003e1

                                          HB 1003, First Engrossed



  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         pneumococcal polysaccharide vaccinations;

  6         providing rulemaking authority; providing an

  7         effective date.

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

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

12  to section 400.141, Florida Statutes, to read:

13         400.141  Administration and management of nursing home

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

15  applicable standards and rules of the agency and shall:

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

17  availability of an adequate supply of the necessary vaccine,

18  provide for immunizations against influenza viruses to all its

19  consenting residents in accordance with the recommendations of

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

21  to exemptions for medical contraindications and religious or

22  personal beliefs. Subject to these exemptions, any consenting

23  person who becomes a resident of the facility after November

24  30 but before March 31 of the following year must be immunized

25  within 5 working days after becoming a resident. Immunization

26  shall not be provided to any resident who provides

27  documentation that he or she has been immunized as required by

28  this subsection. This subsection does not prohibit a resident

29  from receiving the immunization from his or her personal

30  physician if he or she so chooses. A resident who chooses to

31  receive the immunization from his or her personal physician


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                                          HB 1003, First Engrossed



  1  shall provide proof of immunization to the facility. The

  2  agency may adopt and enforce any rules necessary to comply

  3  with or implement this subsection.

  4         (15)  Assess all residents for eligibility for

  5  pneumococcal polysaccharide vaccination (PPV) and vaccinate

  6  residents when indicated within 60 days after the effective

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

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

  9  exemptions for medical contraindications and religious or

10  personal beliefs. Residents admitted after the effective date

11  of this act shall be assessed within 5 working days of

12  admission and, when indicated, vaccinated within 60 days in

13  accordance with the recommendations of the United States

14  Centers for Disease Control and Prevention, subject to

15  exemptions for medical contradictions and religious or

16  personal beliefs. Immunization shall not be provided to any

17  resident who provides documentation that he or she has been

18  immunized as required by this subsection. This subsection does

19  not prohibit a resident from receiving the immunization from

20  his or her personal physician if he or she so chooses. A

21  resident who chooses to receive the immunization from his or

22  her personal physician shall provide proof of immunization to

23  the facility. The agency may adopt and enforce any rules

24  necessary to comply with or implement this subsection.

25         (16)  Annually encourage and promote to its employees

26  the benefits associated with immunizations against influenza

27  viruses in accordance with the recommendations of the U.S.

28  Centers for Disease Control and Prevention. The agency may

29  adopt and enforce any rules necessary to comply with or

30  implement this subsection.

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                                          HB 1003, First Engrossed



  1  Facilities that have been awarded a Gold Seal under the

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

  3  provide certified nursing assistant training as prescribed by

  4  federal regulations and state rules and may apply to the

  5  agency for approval of its program.

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

  7  law.

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