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2003 SESSION

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SB 897 Hospital and health care worker immunity; smallpox vaccine.

Introduced by: John C. Watkins | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Hospital and health care worker immunity; smallpox vaccine. Provides that, in the absence of gross negligence or willful misconduct, (i) a health care provider that administers the smallpox vaccine to health care workers is not civilly liable for vaccine-related injuries to its health care workers or to third parties who are injured by close contact with the vaccinated health care workers and (ii) the immunized health care worker is not liable for any injuries sustained by a person who has indirect or direct contact with the worker. A "health care provider" is one participating in a smallpox preparedness program pursuant to a declaration by the Department of Health and Human Services through which individuals associated with the health care provider have received the smallpox vaccine or other smallpox countermeasure. A "health care worker" means a health care worker to whom a smallpox vaccine or other smallpox countermeasure has been administered as part of a smallpox preparedness program pursuant to a declaration by the Department of Health and Human Services. In order for immunity to attach, the vaccine must be administered in accordance with the recommendations of the Centers for Disease Control and Prevention relating to immunization of health care workers. The act is in force from the date of its passage, and the immunity provisions expire on July 1, 2005.


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