H. B. No. 257 As Introduced

Representatives Hagan, D. Evans, Strahorn, Ujvagi, Chandler

A BILL
To enact sections 3721.041 and 3727.19 of the Revised 1
Code to require nursing homes and other homes for 2
the elderly to offer residents vaccinations 3
against influenza and pneumonia and to require 4
hospitals to offer certain patients vaccinations 5
against influenza and pneumonia. 6

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 3721.041 and 3727.19 of the Revised 7
Code be enacted to read as follows: 8

       Sec. 3721.041. As used in this section, "physician" means an 9
individual authorized under Chapter 4731. of the Revised Code to 10
practice medicine and surgery or osteopathic medicine and surgery. 11

       Each home shall, on an annual basis, offer to each resident 12
vaccination against influenza, unless a physician has determined 13
that vaccination of the resident is medically inappropriate or the 14
appropriate vaccine is not available due to a shortage announced 15
by the United States centers for disease control and prevention. 16
The vaccine shall be of a form approved by the advisory committee 17
on immunization practices of the United States centers for disease 18
control and prevention for that calendar year. A resident may 19
refuse vaccination. The home shall record in the resident's 20
medical record whether the vaccine was administered, refused, or 21
medically inappropriate. 22

       Each home shall offer to each resident sixty-five years of 23
age or older vaccination against pneumococcal pneumonia, unless 24
the resident has already received such vaccination, a physician 25
has determined that vaccination of the resident is medically 26
inappropriate, or the appropriate vaccine is not available due to 27
a shortage announced by the United States centers for disease 28
control and prevention. Each vaccine shall be of a form approved 29
by the advisory committee on immunization practices of the United 30
States centers for disease control and prevention for that 31
calendar year. A resident may refuse vaccination. The home shall 32
record in the resident's medical record whether the vaccine was 33
administered, refused, or medically inappropriate. 34

       The director of health may adopt rules under Chapter 119. of 35
the Revised Code as the director considers appropriate to 36
implement this section. 37

       Sec. 3727.19. As used in this section, "physician" means an 38
individual authorized under Chapter 4731. of the Revised Code to 39
practice medicine and surgery or osteopathic medicine and surgery. 40

       Each hospital shall offer to each patient fifty years of age 41
or older who is admitted to the hospital for a period of 42
twenty-four hours or more vaccination against influenza, unless a 43
physician has determined that vaccination of the patient is 44
medically inappropriate or the appropriate vaccine is not 45
available due to a shortage announced by the United States centers 46
for disease control and prevention. The vaccine shall be of a form 47
approved by the advisory committee on immunization practices of 48
the United States centers for disease control and prevention for 49
that calendar year. A patient may refuse vaccination. The hospital 50
shall record in the patient's medical record whether the vaccine 51
was administered, refused, or medically inappropriate. 52

       Each hospital shall offer to each patient fifty years of age 53
or older who is admitted to the hospital for a period of 54
twenty-four hours or more vaccination against pneumococcal 55
pneumonia, unless a physician has determined that vaccination of 56
the patient is medically inappropriate or the appropriate vaccine 57
is not available due to a shortage announced by the United States 58
centers for disease control and prevention. Each vaccine shall be 59
of a form approved by the advisory committee on immunization 60
practices of the United States centers for disease control and 61
prevention for that calendar year. A patient may refuse 62
vaccination. The hospital shall record in the patient's medical 63
record whether the vaccine was administered, refused, or medically 64
inappropriate. 65

       The director of health may adopt rules under Chapter 119. of 66
the Revised Code as the director considers appropriate to 67
implement this section. 68

Section 1. That sections 3721.041 and 3727.19 of the Revised	7
Code be enacted to read as follows:	8

Sec. 3721.041. As used in this section, "physician" means an	9
individual authorized under Chapter 4731. of the Revised Code to	10
practice medicine and surgery or osteopathic medicine and surgery.	11

Each home shall, on an annual basis, offer to each resident	12
vaccination against influenza, unless a physician has determined	13
that vaccination of the resident is medically inappropriate or the	14
appropriate vaccine is not available due to a shortage announced	15
by the United States centers for disease control and prevention.	16
The vaccine shall be of a form approved by the advisory committee	17
on immunization practices of the United States centers for disease	18
control and prevention for that calendar year. A resident may	19
refuse vaccination. The home shall record in the resident's	20
medical record whether the vaccine was administered, refused, or	21
medically inappropriate.	22

Each home shall offer to each resident sixty-five years of	23
age or older vaccination against pneumococcal pneumonia, unless	24
the resident has already received such vaccination, a physician	25
has determined that vaccination of the resident is medically	26
inappropriate, or the appropriate vaccine is not available due to	27
a shortage announced by the United States centers for disease	28
control and prevention. Each vaccine shall be of a form approved	29
by the advisory committee on immunization practices of the United	30
States centers for disease control and prevention for that	31
calendar year. A resident may refuse vaccination. The home shall	32
record in the resident's medical record whether the vaccine was	33
administered, refused, or medically inappropriate.	34

The director of health may adopt rules under Chapter 119. of	35
the Revised Code as the director considers appropriate to	36
implement this section.	37

Sec. 3727.19. As used in this section, "physician" means an	38
individual authorized under Chapter 4731. of the Revised Code to	39
practice medicine and surgery or osteopathic medicine and surgery.	40

Each hospital shall offer to each patient fifty years of age	41
or older who is admitted to the hospital for a period of	42
twenty-four hours or more vaccination against influenza, unless a	43
physician has determined that vaccination of the patient is	44
medically inappropriate or the appropriate vaccine is not	45
available due to a shortage announced by the United States centers	46
for disease control and prevention. The vaccine shall be of a form	47
approved by the advisory committee on immunization practices of	48
the United States centers for disease control and prevention for	49
that calendar year. A patient may refuse vaccination. The hospital	50
shall record in the patient's medical record whether the vaccine	51
was administered, refused, or medically inappropriate.	52