Section 5A of chapter 111 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by adding the following paragraph:-

The following individuals shall receive an annual pneumococcal vaccine:

1) all physicians, nurses and employees in the acute inpatient hospitals and outpatient care settings, nursing homes and chronic care facilities and those who provide home care to persons at high risk for influenza; and

(2) health care workers with high-risk conditions or who are aged 65 or older. The commissioner may establish exceptions to this requirement based on medical concerns. Elder care facilities, including nursing homes, chronic care facilities and adult day care centers shall offer annual pneumococcal vaccines to all residents and users of such facilities. Pneumococcal 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 a pneumococcal vaccination prior to or on admission. The commissioner shall promulgate rules and regulations necessary to carry out the provisions of this paragraph, which regulations shall include provisions establishing civil fines for violations of said rules and regulations requiring compliance for any health care facility license renewal.

SECTION 2. A copy of the rules and regulations promulgated pursuant to section 1 shall be filed by the Commissioner of Public Health with the Clerks of the Senate and House of Representatives not later than six months following the effective date of this act.