Pennsylvania Act 2001-95 — LONG-TERM CARE RESIDENT AND EMPLOYEE IMMUNIZATION ACT

Act text

LONG-TERM CARE RESIDENT AND EMPLOYEE IMMUNIZATION ACT
                  Act of Dec. 13, 2001, P.L. 871, No. 95              Cl. 35
                                  AN ACT

     Providing for certain immunizations in long-term care
        facilities.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Long-Term
     Care Resident and Employee Immunization Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Health of the Commonwealth.
        "Employee."  An individual employed, whether directly, by
     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 as defined in section 802.1 of the act of July
     19, 1979 (P.L.130, No.48), known as the Health Care Facilities
     Act.
     Section 3.  Long-term care resident and employee immunization.
        Except as provided in section 6, every facility in this
     Commonwealth shall request that residents and employees be
     immunized for influenza virus and pneumococcal disease in
     accordance with this act.
     Section 4.  Resident immunization.
        (a)  Notice 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 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. The immunization
     and documentation shall take place in a manner consistent with
     the recommendations of the Centers for Disease Control and
     Prevention.
     Section 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. These documents shall be maintained by the
     facility for not less than 18 months. 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. The immunization
     and documentation shall take place in a manner consistent with
     the recommendations of the Centers for Disease Control and
     Prevention.
        (c)  Immunization authorized.--Nothing in this section shall
     prohibit the immunization against pneumococcal disease to
     employees.
     Section 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 employee, resident or resident's legal guardian
        refuses the vaccine after being fully informed of the health
        risks of such action.
     Section 7.  Regulations.
        (a)  Promulgation by department.--The department may
     promulgate regulations relating to the immunization requirements
     of this act, taking into consideration the recommendations of
     the Centers for Disease Control and Prevention.
        (b)  Educational materials.--The department, in conjunction
     with the Department of Aging, 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 years from the
     effective date of this act and each three-year period
     thereafter, 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 8.  Effective date.
        This act shall take effect in 90 days.