Communicable disease: vaccinations.

Under existing law, the State Department of Public Health administers various programs for the protection of public health. The department provides a biennial report to the Legislature on the immunization status of young children in California. Existing law requires the State Department of Public Health to provide appropriate flu vaccine to local governmental or private nonprofit agencies at no charge in order that the agencies may provide the vaccine, at a minimal cost, at accessible locations in the order of priority first for all persons 60 years of age or older in this state and then to any other high-risk groups identified by the United States Public Health Service. The department and the California Department of Aging are required to prepare, publish, and disseminate information regarding the availability of the vaccine and the effectiveness of the vaccine in protecting the health of older persons. This bill would eliminate the priority order described above. The bill would allow the department to provide guidance to local agencies as to whether one or more population groups are to have priority for the flu vaccine offered through this program, as specified. The bill would exempt these provisions from the Administrative Procedure Act. The bill would require, in the absence of department guidance, local agencies to be guided by the influenza recommendations of the federal Centers for Disease Control and Prevention's Advisory Committee on Immunization Practices. This bill would authorize the department to also provide appropriate vaccine that prevents other respiratory infections to local government or private nonprofit agencies. The bill would eliminate provisions requiring the vaccine to be administered by physicians and nurses, as specified. The bill would make findings and declarations regarding the transmission of influenza by children to adults and the elderly. Existing law immunizes a private, nonprofit volunteer agency whose involvement with the above-described immunization program is limited to the provision of a clinic site or promotional and logistical support, as specified, or any employee or member thereof, from liability for any injury caused by an act or omission in the administration of the vaccine or other immunizing agent to certain persons, if specified conditions are met. This bill would extend the immunity provided to a private, nonprofit volunteer agency, as described above, to circumstances when the vaccine or other immunizing agent is administered to any person.