Citations Affected: IC 16-18; IC 16-28.
Synopsis: Long term care employee flu vaccinations. Requires health
facilities that are licensed as comprehensive care facilities to provide
or make available to employees who have direct contact with patients
immunizations against the influenza virus. Provides that immunizations
are not required if there is an inadequate supply of the vaccine.
Provides specific reasons that prohibit a health facility from requiring
an employee to receive an immunization. Allows the department of
health to adopt rules to administer immunization the requirements.
Repeals and relocates a definition.
Effective: July 1, 2009.
January 16, 2009, read first time and referred to Committee on Public Health.
February 16, 2009, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning
health.
facility shall annually administer or make available to be
administered immunizations against the influenza virus to the
employee of the health facility.
(b) A health facility shall conduct the immunizations required
under subsection (a) in accordance with the recommendations
established by the Advisory Committee on Immunization Practices
of the United States Centers for Disease Control and Prevention
that are in effect at the time the health facility conducts the
immunizations.
Sec. 3. A health facility shall annually administer or make
available to be administered the immunizations required under this
chapter to each employee of the health facility who is employed by
the health facility during the period beginning October 1 and
ending February 1 of the following year.
Sec. 4. A health facility is not required to provide or make
available to the health facility's employees annual immunizations
against the influenza virus if the department determines that the
necessary vaccine is not in adequate supply.
Sec. 5. Notwithstanding any other provision of this chapter, a
health facility shall not require an employee to receive an
immunization under this chapter if:
(1) the health facility:
(A) has written documentation from the employee's
physician or other health care provider indicating the date
and place that the individual received an immunization
required under this chapter; and
(B) determines that no additional immunization is
required;
(2) the immunization is medically contraindicated for the
employee;
(3) receiving the immunization is against the employee's
religious beliefs; or
(4) the employee refuses to permit the immunization after
being fully informed of the health risks.
Sec. 6. The state department may adopt rules under IC 4-22-2
to administer this chapter.