Sub. H. B. No. 257 As Reported by the House Health Committee

Representatives Hagan, Evans, D., 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. (A) As used in this section: 9

       (1) "Advisory committee" means the advisory committee on 10
immunization practices of the United States centers for disease 11
control and prevention or a successor committee or agency. 12

       (2) "Physician" means an individual authorized under Chapter 13
4731. of the Revised Code to practice medicine and surgery or 14
osteopathic medicine and surgery. 15

       (B) Each home shall, on an annual basis, offer to each 16
resident, in accordance with guidelines issued by the advisory 17
committee, vaccination against influenza, unless a physician has 18
determined that vaccination of the resident is medically 19
inappropriate. The vaccine shall be of a form approved by the 20
advisory committee for that calendar year. A resident may refuse 21
vaccination. 22

       (C) Each home shall offer to each resident, in accordance 23
with guidelines issued by the advisory committee, vaccination 24
against pneumococcal pneumonia, unless the resident has already 25
received such vaccination or a physician has determined that 26
vaccination of the resident is medically inappropriate. Each 27
vaccine shall be of a form approved by the advisory committee for 28
that calendar year. A resident may refuse vaccination. 29

       (D) The director of health may adopt rules under Chapter 119. 30
of the Revised Code as the director considers appropriate to 31
implement this section. 32

       Sec. 3727.19. (A) As used in this section: 33

       (1) "Advisory committee" means the advisory committee on 34
immunization practices of the United States centers for disease 35
control and prevention or its successor agency. 36

        (2) "Physician" means an individual authorized under Chapter 37
4731. of the Revised Code to practice medicine and surgery or 38
osteopathic medicine and surgery. 39

       (B) Each hospital shall offer to each patient who is admitted 40
to the hospital, in accordance with guidelines issued by the 41
advisory committee, vaccination against influenza, unless a 42
physician has determined that vaccination of the patient is 43
medically inappropriate. The vaccine shall be of a form approved 44
by the advisory committee for that calendar year. A patient may 45
refuse vaccination. 46

       (C) Each hospital shall offer to each patient who is admitted 47
to the hospital, in accordance with guidelines issued by the 48
advisory committee, vaccination against pneumococcal pneumonia, 49
unless a physician has determined that vaccination of the patient 50
is medically inappropriate. Each vaccine shall be of a form 51
approved by the advisory committee for that calendar year. A 52
patient may refuse vaccination. 53

       (D) The director of health may adopt rules under Chapter 119. 54
of the Revised Code as the director considers appropriate to 55
implement this section. 56

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

(1) "Advisory committee" means the advisory committee on	10
immunization practices of the United States centers for disease	11
control and prevention or a successor committee or agency.	12

(2) "Physician" means an individual authorized under Chapter	13
4731. of the Revised Code to practice medicine and surgery or	14
osteopathic medicine and surgery.	15

(B) Each home shall, on an annual basis, offer to each	16
resident, in accordance with guidelines issued by the advisory	17
committee, vaccination against influenza, unless a physician has	18
determined that vaccination of the resident is medically	19
inappropriate. The vaccine shall be of a form approved by the	20
advisory committee for that calendar year. A resident may refuse	21
vaccination.	22

(C) Each home shall offer to each resident, in accordance	23
with guidelines issued by the advisory committee, vaccination	24
against pneumococcal pneumonia, unless the resident has already	25
received such vaccination or a physician has determined that	26
vaccination of the resident is medically inappropriate. Each	27
vaccine shall be of a form approved by the advisory committee for	28
that calendar year. A resident may refuse vaccination.	29

(D) The director of health may adopt rules under Chapter 119.	30
of the Revised Code as the director considers appropriate to	31
implement this section.	32

(1) "Advisory committee" means the advisory committee on	34
immunization practices of the United States centers for disease	35
control and prevention or its successor agency.	36

(B) Each hospital shall offer to each patient who is admitted	40
to the hospital, in accordance with guidelines issued by the	41
advisory committee, vaccination against influenza, unless a	42
physician has determined that vaccination of the patient is	43
medically inappropriate. The vaccine shall be of a form approved	44
by the advisory committee for that calendar year. A patient may	45
refuse vaccination.	46

(C) Each hospital shall offer to each patient who is admitted	47
to the hospital, in accordance with guidelines issued by the	48
advisory committee, vaccination against pneumococcal pneumonia,	49
unless a physician has determined that vaccination of the patient	50
is medically inappropriate. Each vaccine shall be of a form	51
approved by the advisory committee for that calendar year. A	52
patient may refuse vaccination.	53