75th OREGON LEGISLATIVE ASSEMBLY--2010 Special Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 51

                        Senate Bill 1011

Sponsored by Senator MORRISETTE (Presession filed.)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Requires certain employers to offer annual seasonal influenza
vaccinations at no cost to licensed health care employees.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to influenza vaccinations; and declaring an emergency.
  Whereas influenza is a serious infection that causes an average
of 36,000 deaths and 226,000 hospitalizations in the United
States each year; and
  Whereas the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention recommends annual
seasonal influenza vaccinations of all high-risk persons,
including adults over 50 years of age, residents of long term
care facilities, children aged 6 months to 18 years, pregnant
women, persons with chronic diseases and all health care
personnel providing direct care to residents of care facilities
and patients; and
  Whereas, due to their exposure to ill patients and the wider
community, health care personnel are at high risk for acquiring
influenza infection and transmitting influenza infections to
patients at high risk of developing complications from influenza;
and
  Whereas the vaccination of health care personnel has been
associated with a 43 percent reduction in the incidence of
influenza infection among residents in long term care facilities
and a 44 percent decrease in overall mortality from influenza
among facility residents; and
  Whereas, despite the recognized benefits of vaccination of
health care personnel for influenza, the Centers for Disease
Control and Prevention estimates that only 40 percent of the
nation's health care personnel are annually vaccinated for
influenza; and
  Whereas influenza vaccine has been shown to be efficacious and
cost-effective in preventing the spread of influenza infection
and is readily available in an injectable or nasal mist form;
now, therefore,
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) For purposes of this section:
  (a) 'Employer' means:
  (A) An entity that employs at least 25 persons;
  (B) A health care facility, as defined in ORS 442.015; or
  (C) A long term care facility, as defined in ORS 442.015.
  (b) 'Licensed health care professional' means an individual
licensed by:
  (A) A health professional regulatory board, as defined in ORS
676.160; or
  (B) The Oregon Health Licensing Agency to practice denture
technology under ORS 680.500 to 680.565, direct entry midwifery
under ORS 687.405 to 687.495 or respiratory care under ORS
688.800 to 688.840.
  (2)(a) An employer shall offer seasonal influenza vaccinations
annually to licensed health care professionals employed by the
employer. The employer shall provide the vaccination at no cost
to the licensed health care professional.
  (b) An employer shall require each licensed health care
professional employed by the employer to be vaccinated under this
section, unless the health care professional declares in writing
that the health care professional declines the vaccination. + }
  SECTION 2.  { + This 2010 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2010 Act takes effect on its
passage. + }
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