The Department has posted the final draft of the HCW Influenza Vaccination proposed rule. A summary of the highlights of the proposed rule are below:
Any licensed healthcare entity that, using its own methodology, can guarantee at least 90% of its healthcare workers received the influenza vaccine during the prior year shall be exempt from the more specific requirements of the rule as long as the licensee uses the same or a more stringent methodology for the current influenza season. [See §10.5]
All licensed facilities that provide acute care or long term nursing care must have a policy regarding the vaccination or masking of its healthcare workers during influenza season. [See §10.8(A) & (B)]
Acute care facilities must have a procedure to maintain documentation and submit yearly reports regarding the vaccination or medical exemption of its employees and volunteers. Long term nursing care facilities must maintain documentation and submit annual reports regarding the vaccination or medical exemption of all its employees and all its volunteers with direct patient care. [See §§10.8(C) & 10.9]
All other licensed healthcare entities not mentioned above must perform an assessment of its healthcare workers and patient clientele, adopt a policy regarding the vaccination or masking of its employees, and report its employee vaccination rate to the Department on an annual basis. [See §§10.10 through 10.12]
Please read the Statement of Purpose to gain a better understanding of the rationale for the proposed rule. The public hearing on this rule has been rescheduled for February 15, 2012. The exact time of the hearing has not yet been determined, and the agenda for the meeting will be available approximately 10 days before the hearing. All Board of Health hearings are open to the public and individuals may participate in the rule-making process by providing written comments to the Board ten days before the hearing or by making oral comments during the hearing.
