CHAPTER 263
2000-H 7457
Enacted 7/13/2000


A  N     A   C   T

RELATING TO HEALTH AND SAFETY

Introduced By:  Representatives Ginaitt and Benoit Date Introduced:  February 3, 2000

It is enacted by the General Assembly as follows:

SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby amended by adding thereto the following chapter:

CHAPTER 17.19
IMMUNIZATION IN LONG TERM CARE FACILITIES

23-17.19-1. Short title. -- This act shall be known and may be cited as the "Long-Term Care Resident and Employee Immunization Act".

23-17.19-2. Definitions. -- The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the content clearly indicates otherwise:

"Departments." The department of health;

"Employee." An individual employed, whether directly, by the contract with another entity or as an independent contractor, by a long-term care nursing facility on a part-time or full-time basis;

"Long-term care facility or facility." A long-term care nursing facility, shall mean a health care facility as defined in chapter 23-17, which provides long term health care.

23-17.19-3. Long term care resident and employee immunization. -- Except as provided in section 23-17.19-6, every facility in this state shall request that residents and employees be immunized for influenza virus and pneumococcal disease in accordance with this act.

23-17.19-4. Resident immunization. -- (a) Noticed to resident. -- Upon admission, the facility shall notify the resident and legal guardian of the immunization requirements of this act and request that the resident agree to be immunized against influenza virus and pneumococcal disease.

(b) Records and immunizations. -- Every facility shall document the annual immunization against influenza virus and immunization against pneumococcal disease for each resident which includes written evidence from a health care provider indicating the date and location the vaccine was administered. Upon finding that a resident is lacking such immunization or the facility or individual is unable to provide documentation that the individual has received the appropriate immunization, the facility shall make available the immunization. Immunization and the documentation thereof shall take place no later than November 30 of each year.

(c) Other immunizations. -- An individual who becomes a resident after November 30 and prior to April 1 of the following year shall have his status for influenza and pneumococcal immunization determined by the facility, and, if found to be deficient, the facility shall make available the necessary immunizations.

23-17.19-5. -- Employee immunization. -- (a) Notice to employees. -- Every facility shall notify every employee of the immunization requirements of this act and request that the employee agree to be immunized against influenza virus.

(b) Records and immunizations. -- The facility shall require documentation of annual immunization against influenza virus for each employee, which includes written evidence from a health care provider indicating the date and location the vaccine was administered. Upon finding that an employee is lacking such immunization or the facility or individual is unable to provide documentation that the individual has received the appropriate immunization, the facility shall make available the immunization. Immunization and the documentation thereof shall take place no later than November 30 of each year.

(c) Other immunizations. -- An individual who is newly employed as an employee and after November 30 and prior to April 1 shall have his status for influenza determined by the facility, and, if found to be deficient, the facility shall make available the necessary immunization.

(d) Immunization authorized. -- Nothing in this section shall prohibit the immunization against pneumococcal disease to employees.

23-17.19-6. Exceptions. -- No resident or employee shall be required to receive either the influenza or pneumococcal vaccine if any of the following apply:

(1) the vaccine is contraindicated;

(2) it is against his religious beliefs; or

(3) the resident or the resident's legal guardian refuses the vaccine after being fully informed of the health risks of such action.

23-17.19-7. Regulations. -- (a) Promulgation by department. -- The department shall promulgate regulation relating to the immunization requirements of this act, taking into consideration the recommendations of the Advisory Committee on Immunization Practices (ACIP) of the Centers for Disease Control and Prevention.

(b) Educational materials. -- The department, in conjunction with the Department of Elderly Affairs, shall make available educational and informational materials to all facilities with respect to vaccination against influenza virus and pneumococcal disease.

(c) Report to General Assembly. -- Three (3) years from the effective date of this act, the department shall report to the General Assembly on the number of outbreaks in facilities each year due to influenza virus and pneumococcal disease. The number of hospitalizations of facility residents each year due to influenza virus, pneumococcal disease and complications thereof must be reported as well.

SECTION 2. This act shall take effect upon passage.


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