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Statutes Text

Article - Health - General




§18–404.

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Employee” means an individual employed full–time or part–time directly, through contract with another entity, or as an independent contractor, by a related institution.

        (3)    “Medically contraindicated” means that a medical treatment is potentially detrimental to the health of the individual intended to be treated.

        (4)    “Related institution” has the meaning provided under § 19–301 of this article.

    (b)    (1)    Subject to subsection (e) of this section, each related institution in the State shall immunize residents against the influenza virus and pneumococcal disease.

        (2)    Subject to subsection (e) of this section, each related institution in the State shall immunize employees against the influenza virus.

        (3)    Before an immunization under this section is administered, the related institution shall obtain written consent to administer the immunization from:

            (i)    The resident or employee receiving the immunization; or

            (ii)    The legal guardian of the resident receiving the immunization.

    (c)    Each related institution shall conduct the immunizations required under subsection (b) of this section:

        (1)    In accordance with the recommendations established by the Advisory Committee on Immunization Process of the United States Centers for Disease Control and Prevention that are in effect at the time the related institution conducts the immunizations; and

        (2)    By December 1 of each year that the immunization is required.

    (d)    A related institution that accepts an individual as a new resident or accepts an individual as a new employee after December 1 but before April 1 shall:

        (1)    Determine the individual’s status for immunization as required under subsection (b) of this section; and

        (2)    If necessary, provide or arrange for an immunization as required under subsection (b) of this section.

    (e)    A resident or employee is not required to receive a vaccine under this section if:

        (1)    The vaccine is medically contraindicated for the resident or employee;

        (2)    The vaccine is against the resident’s or employee’s religious beliefs; or

        (3)    After being fully informed by the related institution of the health risks associated with not receiving a vaccine, the resident or employee refuses the vaccine.

    (f)    (1)    (i)    Each related institution shall document the annual immunization against influenza virus and immunization against pneumococcal disease received by each resident in the resident’s medical record.

            (ii)    Each related institution shall document the annual immunization against influenza virus received by each employee in the employee’s personnel file.

        (2)    If a resident or employee refuses to be immunized as required under subsection (b) of this section, the related institution shall document the refusal and the reason for the refusal.

    (g)    Each related institution shall:

        (1)    Notify each prospective resident and each prospective employee of the immunization requirements of this section and request that the resident or employee agree to be immunized in accordance with subsection (b)(3) of this section; and

        (2)    Make available to all residents and employees of the related institution educational and informational materials relating to immunization against influenza virus and immunization against pneumococcal disease.



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