SECTIONS 104900-104920 - California Statutes

HEALTH AND SAFETY CODE

SECTION 104900-104920

104900. (a) The department shall 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 State Department of Aging shall
prepare, publish, and disseminate information regarding the
availability of the vaccine and the effectiveness of the vaccine in
protecting the health of older persons.
(b) The department may provide appropriate pneumonia 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 for groups identified as high risk by the
United States Public Health Service.
(c) The program shall be designed to utilize voluntary assistance
from public or private sectors in administering the vaccines.
However, local governmental or private, nonprofit agencies may charge
and retain a fee not exceeding two dollars ($2) per person to offset
administrative operating costs.
(d) Except when the department determines that it is not feasible
to utilize federal funds due to excessive administrative costs, the
department shall seek and utilize available federal funds to the
maximum extent possible for the cost of the vaccine, the cost of
administering the vaccine and the minimal fee charged under this
section, including reimbursement under the Medi-Cal program for
persons eligible therefor to the extent permitted by federal law.
(e) Administration of the vaccine shall be performed either by a
physician, a registered nurse, or a licensed vocational nurse acting
within the scope of their professional practice acts. The physician
under whose direction the registered nurse or a licensed vocational
nurse is acting shall require the nurse to satisfactorily demonstrate
familiarity with (1) contraindication for the administration of such
immunizing agents, (2) treatment of possible anaphylactic reactions,
and (3) the administration of treatment, and reactions to such
immunizing agents.
(f) No private, nonprofit volunteer agency whose involvement with
an immunization program governed by this section is limited to the
provision of a clinic site or promotional and logistical support
pursuant to subdivision (c), or any employee or member thereof, shall
be liable for any injury caused by an act or omission in the
administration of the vaccine or other immunizing agent to a person
60 years of age or older or to members of high-risk groups identified
by the United States Public Health Service, if the immunization is
performed pursuant to this section in conformity with applicable
federal, state, or local governmental standards and the act or
omission does not constitute willful misconduct or gross negligence.
As used in this subdivision, "injury" includes the residual effects
of the vaccine or other immunizing agent. It is the intent of the
Legislature in adding this subdivision to affect only the liability
of private, nonprofit volunteer agencies and their members that are
not health facilities as defined in Section 1250.
(g) Nothing in this section shall be construed to require physical
presence of a directing or supervising physician, or the examination
by a physician of persons to be tested or immunized.

104905. The department shall provide staff and budgetary support
for planning, evaluation, education, research design, funding, and
medical leadership for health promotion and preventive health
services for older adults.
For purposes of this section, "older adults" means persons 55
years of age or older.

104910. The California Commission on Aging shall allocate 5 percent
of community grant funds pursuant to Title III of the Older
Americans Act of 1965, as amended, (P.L. 89-73; 79 Stat. 218) or
forty thousand dollars ($40,000), whichever is the lesser amount, to
experiment with the use of available mobile medical services units to
provide outpatient medical care for the aging.

104915. The department shall maintain a program to promote
availability of medical and health care for the aging. The department
may contract with public or private organizations for conducting
pilot projects designed to determine the most effective and most
efficient methods of providing medical and health care services for
the aging.
For purposes of this chapter, the term "aging" means persons who
are eligible for old age benefits under the Social Security Act. Such
program may include, but is not limited to:
(a) Technical and financial assistance to local agencies for pilot
projects developing or testing new or innovative systems for
assuring the availability of medical and health care for the aging.
Pilot projects may include, but are not limited to:
(1) Mobile health clinics.
(2) Mobile health teams.
(3) Patient transportation systems.
(4) Patient surveillance and referral systems.
(b) Studies of the health and medical care of the aging of the
state.
(c) Coordination with similar programs of the federal government,
other states, and public or private organizations.
(d) Development of recommendations for improved systems of medical
and health care.
(e) Collection and summarization of statistics describing needs
for and effectiveness of various methods of providing health and
medical care.

104920. It is the intent of the Legislature that the California
Commission on Aging be the coordinating agency of all programs for
the aging in this state, except those programs designated elsewhere
by the Governor or Legislature. It is further the intent of the
Legislature that the commission cooperate with the department to
evaluate and further coordinate programs for outpatient medical
services for the aging.