(a) Notwithstanding any other provision of this chapter, a health care facility shall not be required to offer immunizations for influenza and pneumococcal disease under either of the following circumstances:
(1) The facility is unable to obtain the vaccine due to a shortage of the supply of vaccine.
(2) The resident refuses to pay for the vaccine and there is no other funding source available to pay for the cost of the vaccine.
(b) If a health care facility, as defined in subdivision (a) of Section 120392, fails to offer an immunization pursuant to this chapter due to lack of availability of vaccine, a physician’s refusal to assess the resident or cooperate with the recommendations of the provisions of this chapter, or lack of resident cooperation, the failure shall not be the basis for issuing a deficiency or citation against the facility’s license.
(c) This chapter is intended to encourage immunizations for residents in health care facilities, and the department shall consider a facility’s efforts to prevent a violation of this chapter prior to issuing a deficiency or citation. The department may issue a deficiency or citation for failure to comply with Section 120392.4.
(Added by Stats. 2004, Ch. 36, Sec. 1. Effective January 1, 2005.)