PRIOR PRINTER'S NO. 515 PRINTER'S NO. 1182
No. 488 Session of 2001
INTRODUCED BY CORMAN, MURPHY, MOWERY, BODACK, CONTI, BOSCOLA,
DENT, COSTA, HOLL, HUGHES, KUKOVICH, LAVALLE, MELLOW,
SCHWARTZ, TARTAGLIONE, TOMLINSON, WAGNER, M. WHITE, WAUGH,
LEMMOND, GERLACH, STACK AND MUSTO, FEBRUARY 15, 2001
SENATOR TILGHMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE
12, 2001
AN ACT
1 Providing for certain immunizations in long-term care
2 facilities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Long-Term
7 Care Resident and Employee Immunization Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Health of the Commonwealth.
13 "Employee." An individual employed, whether directly, by
14 contract with another entity or as an independent contractor, by
15 a long-term care nursing facility on a part-time or full-time
16 basis.
1 "Long-term care facility" or "facility." A long-term care
2 nursing facility as defined in section 802.1 of the act of July
3 19, 1979 (P.L.130, No.48), known as the Health Care Facilities
4 Act.
5 Section 3. Long-term care resident and employee immunization.
6 Except as provided in section 6, every facility in this
7 Commonwealth shall request that residents and employees be
8 immunized for influenza virus and pneumococcal disease in
9 accordance with this act.
10 Section 4. Resident immunization.
11 (a) Notice to resident.--Upon admission, the facility shall
12 notify the resident and legal guardian of the immunization
13 recommendations of this act and request that the resident agree
14 to be immunized against influenza virus and pneumococcal
15 disease.
16 (b) Records and immunizations.--Every facility shall
17 document the annual immunization against influenza virus and
18 immunization against pneumococcal disease for each resident,
19 which includes written evidence from a health care provider
20 indicating the date and the location in which and the person by
21 whom the vaccine was administered. Upon finding that a resident
22 is lacking such immunization or the facility or individual is
23 unable to provide documentation that the individual has received
24 the appropriate immunization, the facility shall make available
25 the immunization. Immunization and the documentation thereof <--
26 shall take place no later than November 30 of each year. THE <--
27 IMMUNIZATION AND DOCUMENTATION SHALL TAKE PLACE IN A CONSISTENT
28 MANNER WITH THE RECOMMENDATIONS OF THE CENTERS FOR DISEASE
29 CONTROL AND PREVENTION.
30 (c) Other immunizations.--An individual who becomes a
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1 resident after November 30 but prior to April 1 shall have his
2 status for influenza and pneumococcal immunization determined by
3 the facility, and, if found to be deficient, the facility shall
4 make available the necessary immunizations.
5 Section 5. Employee immunization.
6 (a) Notice to employees.--Every facility shall notify every
7 employee of the immunization recommendations of this act and
8 request that the employee agree to be immunized against
9 influenza virus.
10 (b) Records and immunizations.--The facility shall require
11 AND RETAIN FOR NOT LESS THAN 18 MONTHS documentation of annual <--
12 immunization against influenza virus for employees who receive
13 the immunizations, which includes written evidence from a health
14 care provider indicating the date, location and by whom the
15 vaccine was administered. Upon finding that an employee is
16 lacking such immunization or the facility or individual is
17 unable to provide documentation that the individual has received
18 the appropriate immunization, the facility shall make available
19 the immunization. Immunization and the documentation thereof <--
20 shall take place no later than November 30 of each year. THE <--
21 IMMUNIZATION AND DOCUMENTATION SHALL TAKE PLACE IN A CONSISTENT
22 MANNER WITH THE RECOMMENDATIONS OF THE CENTERS FOR DISEASE
23 CONTROL AND PREVENTION.
24 (c) Other immunizations.--An individual who is newly
25 employed as an employee after November 30 and prior to April 1
26 shall have his status for influenza determined by the facility,
27 and, if found to be deficient, the facility shall make available
28 the necessary immunization.
29 (d) Immunization authorized.--Nothing in this section shall
30 prohibit the immunization against pneumococcal disease to
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1 employees.
2 Section 6. Exceptions.
3 No resident or employee shall be requested to receive either
4 the influenza or pneumococcal vaccine if any of the following
5 apply:
6 (1) the vaccine is contraindicated;
7 (2) it is against his religious beliefs; or
8 (3) the employee, resident or resident's legal guardian
9 refuses the vaccine after being fully informed of the health
10 risks of such action.
11 Section 7. Regulations.
12 (a) Promulgation by department.--The department shall MAY <--
13 promulgate regulations relating to the immunization
14 recommendations of this act, taking into consideration the
15 recommendations of the Advisory Committee on Immunization <--
16 Practices (ACIP) of the Centers for Disease Control and
17 Prevention.
18 (b) Educational materials.--The department, in conjunction
19 with the Department of Aging, shall make available educational
20 and informational materials to all facilities with respect to
21 vaccination against influenza virus and pneumococcal disease.
22 (c) Report to General Assembly.--Three years from the
23 effective date of this act, and each three-year period
24 thereafter, the department shall report to the General Assembly
25 on the number of outbreaks in facilities each year due to
26 influenza virus and pneumococcal disease. The number of
27 hospitalizations of facility residents each year due to
28 influenza virus, pneumococcal disease and complications thereof
29 must be reported as well.
30 Section 20. Effective date.
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1 This act shall take effect in 90 days.
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