(a) A physician responsible for the management of a physician's office that provides ongoing primary or principal medical care to persons over 65 years of age ("elderly persons") shall 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 that it is not feasible to offer the vaccine, the physician must provide the person with information on other options for obtaining the vaccine.
(b) The physician's office must offer:
  (1) the influenza vaccine in October and November, and if the vaccine is available, December; and
  (2) the pneumococcal vaccine year-round.
(c) The physician must adopt a protocol providing that any person administering a vaccine in the physician's office must:
  (1) ask whether the elderly person is currently vaccinated against the influenza virus or pneumococcal disease, as appropriate;
  (2) administer the vaccine under the protocol after an assessment has been made for contraindications; and
  (3) permanently document the vaccination in the elderly person's medical records.

Source Note: The provisions of this §193.20 adopted to be effective November 7, 2013, 38 TexReg 7711