To enact sections 3721.041 and 3727.19 of the Revised Code to require nursing homes and other homes for the elderly to offer residents vaccinations against influenza and pneumonia and to require hospitals to offer certain patients vaccinations against influenza and pneumonia.

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

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

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

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

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

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

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

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

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