The Commonwealth of Massachusetts
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PETITION OF:
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In the Year Two Thousand and Seven.
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An Act providing for the prevention of influenza in health care workers and high risk patients. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 5A of chapter 111 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding the following section:-
SECTION 5 A1/2:
The following individuals shall receive an annual influenza vaccine:
1) All physicians, nurses, health care workers, and other employees as reasonably determined by the department, shall receive an annual influenza vaccine as a requirement of employment to any health care facility, outpatient care setting, nursing home, chronic care facility, and those who provide home care to persons at high risk for influenza in the commonwealth.
(2) Elder care facilities, including nursing homes, chronic care facilities and adult day care centers shall offer and administer annual influenza vaccines to all residents and users of such facilities who consent to said vaccination. Influenza vaccination for all residents accepting the vaccine shall be completed by November 30 of each year. Residents admitted after November 30 and up to February 1 shall also be offered and administered influenza vaccination, upon consent, prior to or upon admission to said facility.
(3) The department shall promulgate rules and regulations necessary to carry out this section. Such provisions shall include regulations establishing civil fines for violations of said rules and regulations requiring compliance for any health care facility to receive a license renewal, and provisions which may include exceptions to this section for employee medical or religious concerns, or other concerns related to the available supply of influenza vaccine for health care workers in the commonwealth.
SECTION 2. A copy of the rules and regulations promulgated pursuant to section 1 shall be filed by the commissioner with the clerk of the house of representatives and the clerk of senate not later than six months following the effective date of this act.