PRINTER'S NO. 3069
No. 2313 Session of 2000
INTRODUCED BY VANCE, E. Z. TAYLOR, TIGUE, NAILOR, ORIE, NICKOL,
BARD, BELFANTI, BUNT, CIVERA, CLYMER, L. I. COHEN, FRANKEL,
GEIST, HALUSKA, HARHAI, HENNESSEY, HERMAN, HERSHEY, HESS,
HORSEY, LAUGHLIN, MAJOR, MANDERINO, McILHATTAN, McNAUGHTON,
MELIO, PISTELLA, READSHAW, RUBLEY, SATHER, SEMMEL, SEYFERT,
SHANER, STABACK, THOMAS, TRELLO, TRICH, WILT, YOUNGBLOOD AND
YUDICHAK, MARCH 6, 2000
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
MARCH 6, 2000
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
1 basis.
2 "Long-term care facility" or "facility." A long-term care
3 nursing facility as defined in section 802.1 of the act of July
4 19, 1979 (P.L.130, No.48), known as the Health Care Facilities
5 Act.
6 Section 3. Long-term care resident and employee immunization.
7 Except as provided in section 6, every facility in this
8 Commonwealth shall request that residents and employees be
9 immunized for influenza virus and pneumococcal disease in
10 accordance with this act.
11 Section 4. Resident immunization.
12 (a) Notice to resident.--Upon admission, the facility shall
13 notify the resident and legal guardian of the immunization
14 requirements of this act and request that the resident agree to
15 be immunized against influenza virus and pneumococcal 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 location the vaccine was administered.
21 Upon finding that a resident is lacking such immunization or the
22 facility or individual is unable to provide documentation that
23 the individual has received the appropriate immunization, the
24 facility shall make available the immunization. Immunization and
25 the documentation thereof shall take place no later than
26 November 30 of each year.
27 (c) Other immunizations.--An individual who becomes a
28 resident after November 30 but prior to April 1 shall have his
29 status for influenza and pneumococcal immunization determined by
30 the facility, and, if found to be deficient, the facility shall
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1 make available the necessary immunizations.
2 Section 5. Employee immunization.
3 (a) Notice to employees.--Every facility shall notify every
4 employee of the immunization requirements of this act and
5 request that the employee agree to be immunized against
6 influenza virus.
7 (b) Records and immunizations.--The facility shall require
8 documentation of annual immunization against influenza virus for
9 each employee, which includes written evidence from a health
10 care provider indicating the date and location the vaccine was
11 administered. Upon finding that an employee is lacking such
12 immunization or the facility or individual is unable to provide
13 documentation that the individual has received the appropriate
14 immunization, the facility shall make available the
15 immunization. Immunization and the documentation thereof shall
16 take place no later than November 30 of each year.
17 (c) Other immunizations.--An individual who is newly
18 employed as an employee after November 30 and prior to April 1
19 shall have his status for influenza determined by the facility,
20 and, if found to be deficient, the facility shall make available
21 the necessary immunization.
22 (d) Immunization authorized.--Nothing in this section shall
23 prohibit the immunization against pneumococcal disease to
24 employees.
25 Section 6. Exceptions.
26 No resident or employee shall be required to receive either
27 the influenza or pneumococcal vaccine if any of the following
28 apply:
29 (1) the vaccine is contraindicated;
30 (2) it is against his religious beliefs; or
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1 (3) the resident or the resident's legal guardian
2 refuses the vaccine after being fully informed of the health
3 risks of such action.
4 Section 7. Regulations.
5 (a) Promulgation by department.--The department shall
6 promulgate regulations relating to the immunization requirements
7 of this act, taking into consideration the recommendations of
8 the Advisory Committee on Immunization Practices (ACIP) of the
9 Centers for Disease Control and Prevention.
10 (b) Educational materials.--The department, in conjunction
11 with the Department of Aging, shall make available educational
12 and informational materials to all facilities with respect to
13 vaccination against influenza virus and pneumococcal disease.
14 (c) Report to General Assembly.--Three years from the
15 effective date of this act, the department shall report to the
16 General Assembly on the number of outbreaks in facilities each
17 year due to influenza virus and pneumococcal disease. The number
18 of hospitalizations of facility residents each year due to
19 influenza virus, pneumococcal disease and complications thereof
20 must be reported as well.
21 Section 8. Effective date.
22 This act shall take effect in 90 days.
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