Section 5A of chapter 111 of the General Laws, as appearing in the 2005 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 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 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.