Bill Text: MO HB1963 | 2014 | Regular Session | Introduced
Bill Title: Requires every employee and volunteer of a health care facility inspected by the Department of Health and Senior Services to receive an influenza vaccination each year
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-05-16 - Referred: Health Care Policy(H) [HB1963 Detail]
Download: Missouri-2014-HB1963-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES SCHUPP (Sponsor), KIRKTON, MCNEIL, MCCANN BEATTY, MEREDITH, WALTON GRAY, NORR AND KELLY (45) (Co-sponsors).
4314L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 192, RSMo, by adding thereto one new section relating to mandatory influenza vaccinations.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 192, RSMo, is amended by adding thereto one new section, to be known as section 192.075, to read as follows:
192.075. 1. As used in this section, the following terms mean:
(1) "Department", the department of health and senior services;
(2) "Inspected facility", any private or public institution, facility or agency, whether organized for profit or not, used, operated, or designed to provide health services, medical treatment, or nursing, rehabilitative, or preventative care to any person or persons that is inspected by the department of health and senior services.
2. All employees and volunteers of any inspected facility shall be required to receive an influenza vaccination each year, to be administered within three months prior to flu season, as defined by the Centers for Disease Control and Prevention. Nothing in this section shall be construed as requiring the department to provide or pay for such influenza vaccinations. All employees and volunteers shall provide proof of receiving an influenza vaccination each year to the inspected facility in which they are employed or volunteer.
3. An exemption for the influenza vaccination requirement under this section may be granted for medical contraindications, religious beliefs, or in the case of a vaccine shortage. Employees or volunteers requesting exemption due to medical contraindications must provide proof of medical contraindications such as a letter from a physician or medical records. Employees or volunteers requesting exemption due to religious beliefs must provide a written and signed request stating the reason for exemption. If any employee or volunteer is unable to receive an influenza vaccination due to a shortage of influenza vaccines, the employee or volunteer shall provide written documentation of his or her failure to obtain a vaccination for this reason.
4. All documentation relating to proof of an employee or volunteer receiving an influenza vaccination or receiving an exemption thereof shall be kept in the personnel file of the employee or volunteer.
5. Any inspected facility shall be deemed not in compliance with the provisions of this section if, upon inspection by the department, less than ninety-five percent of the inspected personnel files of the facility contain proof of influenza vaccination or proper exemption documentation. Any inspected facility not in compliance with the provisions of this section shall be reinspected at an undisclosed time within three months of the initial inspection. If at the time of reinspection the inspected facility is again deemed not in compliance with the provisions of this section, the inspected facility will be charged a fine to be calculated as fifty dollars per full-time employee of the facility.
6. The provisions of this section shall automatically sunset six years after the effective date of this section, unless reauthorized by an act of the general assembly.
7. The department shall promulgate rules and regulations to administer the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid and void.
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