Bill Text: HI SB2394 | 2016 | Regular Session | Introduced

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Bill Title: Health Care Workers; Influenza Vaccination

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Engrossed - Dead) 2016-03-24 - Passed Second Reading and referred to the committee(s) on FIN with Representative(s) Brower, DeCoite, Har, LoPresti, Lowen, Pouha, San Buenaventura, Takayama voting aye with reservations; Representative(s) Creagan, Ing, Jordan, Matsumoto, McDermott, McKelvey, Thielen, Ward voting no (8) and Representative(s) Kawakami, Kong, Oshiro, Tokioka, Tupola, Woodson excused (6). [SB2394 Detail]

Download: Hawaii-2016-SB2394-Introduced.html

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THE SENATE	S.B. NO.	2394
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to influenza immunization.

 

 

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

 

     SECTION 1.  The legislature finds that since 1981, the Centers for Disease Control and Prevention has recommended that all health care workers receive an annual influenza vaccination.  Because health care professionals are looked to for guidance on good health practices, increasing the number of health care personnel in hospitals that receive the influenza vaccine sets a positive example that will encourage the community to proactively protect themselves from the flu.

     The purpose of this Act is to require annual influenza vaccinations for health care workers in hospitals who have contact with patients.

     SECTION 2.  Chapter 325, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§325-    Influenza vaccination of health care workers.  (a)  Each hospital in the State shall establish influenza vaccination requirements as follows:

     (1)  Require that all health care workers 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 of the Centers for Disease Control and Prevention no later than the start of the influenza season;

     (2)  Notify all health care workers of the influenza vaccinations requirements of this section;

     (3)  Provide all health care workers with education about the benefits of influenza vaccine and potential consequences of influenza illness and maintain a written policy regarding the annual influenza vaccinations of its health care workers that, at a minimum:

         (A)  Ensures that each of its health care workers has either proof of vaccination or a medical exemption signed by a physician, physician assistant, advanced practice registered nurse, or nurse midwife licensed in the State stating that the influenza vaccination for that individual is contraindicated as described in the product labeling approved by the United States Food and Drug Administration; and

         (B)  Ensures that each health care worker who does not have proof of influenza vaccination wears a surgical or procedure mask during influenza season when in direct contact with patients and in common areas as specified by the hospital's policy.  Such masks shall be in addition to other standard personal protective equipment;

     (4)  Provide or arrange for influenza vaccination at no cost to health care workers, either at the hospital or at an alternate location chosen by the health care worker, before the start of the influenza season of each year;

     (5)  Determine whether health care workers hired after October 1 and before April 1 of each year have received the required influenza vaccination.  If the health care worker has not received the influenza vaccination, the hospital shall provide or arrange for influenza vaccination, at no cost to the health care worker.  The health care worker may receive the vaccination either at the hospital or at an alternate location chosen by the health care worker before employment or within one week of employment;

     (6)  Maintain completed and signed certificates of influenza vaccination for one year; and

     (7)  Collect aggregate data on health care worker influenza vaccination status for the period beginning October 1 and ending March 31 of the following year.

     (b)  A hospital shall not require a health care worker to receive an influenza vaccine if:

     (1)  The health care worker presents to the hospital a licensed health care provider's written statement indicating that the health care worker has a condition contraindicated for vaccination;

     (2)  The health care worker presents to the hospital a written statement verifying that the worker opposes the administration of the vaccine based upon a sincere religious belief; or

     (3)  An authorized official of the department determines that there is an insufficient supply of vaccine given the number of health care workers to be vaccinated or the vaccine is not reasonably available.

     (c)  As used in this section, unless the context clearly indicates otherwise:

     "Certificate of influenza vaccination" means a written statement indicating the influenza vaccination status of a health care worker, the vaccine administered, and the date of administration or, if applicable, the reason the health care worker was exempt from the influenza vaccination requirement.

     "Department" means the department of health.

     "Health care worker" means all persons, whether paid or unpaid, working or delivering services in a health care facility, including contractors and their employees whose occupational activities involve direct or indirect contact with patients or contaminated material in a health care, hospital, or clinical laboratory setting.

     "Hospital" means a facility licensed by the department of health and accredited by The Joint Commission or an institution with an organized medical staff that admits patients for inpatient care, diagnosis, observation, and treatment.

     "Influenza season" means October 1 through March 31 of the following year or as otherwise defined by the department.

     "Influenza vaccine" means a currently licensed vaccine product approved by the United States Food and Drug Administration and intended to produce influenza immunity."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Health Care Workers; Influenza Vaccination

 

Description:

Requires annual influenza vaccinations for health care workers.  Establishes exemptions for influenza vaccination requirement under certain conditions.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.