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HF 2415

as introduced - 88th Legislature (2013 - 2014) Posted on 02/27/2014 03:32pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/27/2014

Current Version - as introduced

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A bill for an act
relating to health; requiring an influenza vaccination for health care workers;
proposing coding for new law in Minnesota Statutes, chapter 144.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [144.601] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin The definitions in this section apply to sections
144.601 to 144.6011.
new text end

new text begin Subd. 2. new text end

new text begin Certificate of influenza immunization. new text end

new text begin "Certificate of influenza
immunization" means a written statement indicating the influenza vaccination status of a
health care worker who received the influenza vaccination.
new text end

new text begin Subd. 3. new text end

new text begin Certificate of influenza immunization exemption. new text end

new text begin "Certificate of
influenza immunization exemption" means a written statement indicating the exemption
status of a health care worker who is exempt from the influenza immunization requirement
under section 144.6011, subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of health.
new text end

new text begin Subd. 5. new text end

new text begin Health care employer. new text end

new text begin "Health care employer" means a person or entity
that has control over the wages, hours, and working conditions of health care workers in
settings that include acute care hospitals, ambulatory surgical facilities, intermediate care
facilities, outpatient clinics, physicians' offices, urgent care centers, and dialysis centers.
new text end

new text begin Subd. 6. new text end

new text begin Health care worker. new text end

new text begin "Health care worker" means all persons, whether paid
or unpaid, including but not limited to employees, staff, contractors, clinicians, emergency
medical technicians, ambulance drivers, volunteers, students, trainees, clergy, dietary and
housekeeping staff, and others whose occupational activities involve direct or indirect
contact with patients or contaminated material in a facility run by a health care employer.
new text end

Sec. 2.

new text begin [144.6011] DUTIES OF HEALTH CARE EMPLOYER.
new text end

new text begin Subdivision 1. new text end

new text begin Vaccination requirements. new text end

new text begin Each health care employer shall:
new text end

new text begin (1) notify all health care workers of the immunization requirements of this section;
new text end

new text begin (2) provide all health care workers with education about the benefits of influenza
vaccination and potential consequences of influenza illness;
new text end

new text begin (3) require that all health care workers of the health care employer receive influenza
vaccinations as a precondition to employment and on an annual basis in accordance with
the latest recommendations of the Advisory Committee on Immunization Practices (ACIP)
of the Centers for Disease Control and Prevention no later than November 1 of each year.
To the extent that the ACIP recommendations may differ from the terms of this section,
the ACIP recommendations shall control;
new text end

new text begin (4) provide or arrange for influenza vaccination, at no cost to the health care worker,
either at the facility of the health care employer or at an alternate location chosen by the
health care worker, by November 1 of each year; and
new text end

new text begin (5) determine whether health care workers hired after November 1 of each year have
received the required influenza vaccination. If the health care worker has not received the
influenza vaccination, the health care employer shall provide or arrange for an influenza
vaccination at no cost to the health care worker. The health care worker may receive the
influenza vaccination at the facility or at an alternate location chosen by the health care
worker before employment or within one week of employment.
new text end

new text begin Subd. 2. new text end

new text begin Exceptions to vaccination requirements. new text end

new text begin (a) A health care employer shall
not require a health care worker to receive an influenza vaccination if:
new text end

new text begin (1) the health care worker presents to the health care employer a licensed health
care provider's written statement indicating that the health care worker has a condition
contraindicated for immunization;
new text end

new text begin (2) the health care worker presents to the health care employer a written statement
indicating that the worker opposes the administration of the vaccine based upon a sincere
religious belief; or
new text end

new text begin (3) the commissioner determines that there is an insufficient supply of the influenza
vaccine given the number of workers to be vaccinated or the influenza vaccine is not
reasonably available.
new text end

new text begin (b) Any health care worker exempt from receiving the influenza vaccination under
paragraph (a) shall wear a surgical mask at all times while in areas where patients may be
present during any flu season designated by the health care employer and recognized by
the Centers for Disease Control and Prevention.
new text end

new text begin Subd. 3. new text end

new text begin Certificates. new text end

new text begin (a) The commissioner shall create and distribute to all
health care employers certificates of influenza immunization and certificates of influenza
immunization exemption.
new text end

new text begin (b) A health care employer shall make certificates of influenza immunization and
certificates of influenza immunization exemption available to all health care workers and
require that each health care worker submit either a certificate of influenza immunization
or a certificate of influenza immunization exemption by November 1 of each year.
new text end

new text begin (c) A certificate of influenza immunization shall:
new text end

new text begin (1) specify the influenza vaccine administered;
new text end

new text begin (2) specify the date of administration; and
new text end

new text begin (3) be signed by the licensed health care provider who administered the vaccine.
new text end

new text begin (d) A certificate of influenza immunization exemption shall:
new text end

new text begin (1) specify the reason the health care worker was exempt from the influenza
vaccination requirement; and
new text end

new text begin (2) be signed by both the health care worker and a designee of the health care
employer.
new text end

new text begin (e) The health care employer shall maintain completed and signed certificates of
influenza immunization and certificates of influenza immunization exemptions for one year.
new text end

new text begin Subd. 4. new text end

new text begin Data collection. new text end

new text begin (a) A health care employer shall collect aggregate data on
health care worker influenza vaccination status for the period beginning November 1 and
ending October 31 of each year. Required data shall include, but not be limited to:
new text end

new text begin (1) total number of health care workers by occupation;
new text end

new text begin (2) total number of health care workers who received the influenza vaccination
categorized by occupation;
new text end

new text begin (3) total number of health care workers who did not receive the influenza
vaccination; and
new text end

new text begin (4) reasons health care workers did not receive the influenza vaccination.
new text end

new text begin (b) A health care employer shall make the aggregate data, certificates of influenza
immunization, and certificates of influenza immunization exemptions available for
inspection by the commissioner.
new text end

new text begin (c) The health care employer shall maintain the aggregate data, certificates of
influenza immunization, and certificates of influenza immunization exemptions as private
data as provided in section 13.384.
new text end