Sec. 161.0052.  IMMUNIZATION OF ELDERLY PERSONS BY HOSPITALS, END STAGE RENAL DISEASE FACILITIES, AND PHYSICIANS' OFFICES.  (a)  In this section:
(1)  "Elderly person" means a person who is 65 years of age or older.
(2)  "End stage renal disease facility" has the meaning assigned by Section 251.001.
(3)  "Hospital" has the meaning assigned by Section 241.003.
(b)  The executive commissioner by rule shall require a hospital to inform each elderly person admitted to the hospital for a period of 24 hours or more that the pneumococcal and influenza vaccines are available.  If the elderly person requests a vaccine, and if a physician, or an advanced nurse practitioner or physician assistant on behalf of a physician, determines that the vaccine is in the person's best interest, the hospital must make the vaccination available to the person before the person is discharged from the hospital.
(c)  The executive commissioner by rule shall require an end stage renal disease facility to offer, to the extent possible as determined by the facility, the opportunity to receive the pneumococcal and influenza vaccines to each elderly person who receives ongoing care at the facility if a physician, or an advanced nurse practitioner or physician assistant on behalf of a physician, determines that the vaccine is in the person's best interest.  If the facility decides it is not feasible to offer the vaccine, the facility must provide the person with information on other options for obtaining the vaccine.
(d)  The Texas Medical Board by rule shall require a physician responsible for the management of a physician's office that provides ongoing medical care to elderly persons to offer, to the extent possible as determined by the physician, the opportunity to receive the pneumococcal and influenza vaccines to each elderly person who receives ongoing care at the office.  If the physician decides it is not feasible to offer the vaccine, the physician must provide the person with information on other options for obtaining the vaccine.
(e)  Rules adopted under this section must require that:
(1)  a hospital, end stage renal disease facility, or physician's office:
(A)  offer the influenza vaccine in October and November, and if the vaccine is available, December; and
(B)  offer the pneumococcal vaccine year-round; and
(2)  a person administering a vaccine:
(A)  ask whether the elderly person is currently vaccinated against the influenza virus or pneumococcal disease, as appropriate;
(B)  administer the vaccine under institution-approved or physician-approved protocols after making an assessment for contraindications; and
(C)  permanently document the vaccination in the elderly person's medical records.
(f)  In adopting rules under this section, the executive commissioner and the Texas Medical Board shall consider the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.
(g)  Rules adopted under this section may consider the potential for a shortage of a vaccine.
(h)  The department shall make available to hospitals and end stage renal disease facilities, and the Texas Medical Board shall make available to physicians' offices, educational and informational materials concerning vaccination against influenza virus and pneumococcal disease.
Added by Acts 2005, 79th Leg., Ch. 368 (S.B. 1330), Sec. 1, eff. September 1, 2005.
Amended by: 
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.0458, eff. April 2, 2015.