Requirement That Personnel Be Vaccinated against Influenza Virus

(A) Definitions. (1) For purposes of 105 CMR 130.325, personnel means an individual or individuals who either work at or come to the licensed hospital and who are employed by or affiliated with the hospital, whether directly, by contract with another entity, or as an independent contractor, paid or unpaid including, but not limited to, employees, members of the medical staff, contract employees or staff, students, and volunteers, whether or not such individual(s) provide direct patient care. (2) For purposes of 105 CMR 130.325, the requirement for influenza vaccine or vaccination means immunization by either influenza vaccine, inactivated or live; attenuated influenza vaccine, including seasonal influenza vaccine pursuant to 105 CMR 130.325(B); and/or other influenza vaccine pursuant to 105 CMR 130.325(C). (3) For purposes of 105 CMR 130.325, mitigation measures mean measures that personnel who are exempt from vaccination take to prevent viral infection and transmission. (B) Each hospital shall ensure that all personnel are vaccinated with seasonal influenza vaccine, consistent with any guidelines of the Commissioner, unless an individual is exempt from declines vaccination in accordance with 105 CMR 130.325(F). (C) Each hospital also shall ensure that all personnel are vaccinated against other pandemic or novel influenza virus(es) as specified in guidelines of the Commissioner, unless an individual is exempt from vaccination in accordance with 105 CMR 130.325(F). Such guidelines may specify: (1) the categories of personnel to be vaccinated and the order of priority of vaccination of personnel, with priority for personnel with responsibility for direct patient care; (2) the influenza vaccine(s) to be administered; (3) the dates by which personnel must be vaccinated; and (4) any required reporting and data collection relating to the personnel vaccination requirement of 105 CMR 130.325(C). (D) Each hospital shall provide all personnel with information about the risks and benefits of influenza vaccine. (E) Each hospital shall notify all personnel of the influenza vaccination requirements of 105 CMR 130.325 and shall, at no cost to any personnel, provide or arrange for vaccination of all personnel who cannot provide proof of current immunization against influenza, as required pursuant to 105 CMR 130.325(B) and (C), unless an individual is exempt from vaccination in accordance with 105 CMR 130.325(F). (F) Exemptions. (1) Subject to the provisions set forth in 105 CMR 130.325(F)(2), a hospital shall not require an individual to receive an influenza vaccine pursuant to 105 CMR 130.325(B) or (C) if the individual declines the vaccine. (2) For any individual subject to the exemption, a hospital may require such individual take mitigation measures, consistent with guidance from the Department. (3) An individual who is exempt from vaccination shall sign a statement certifying they are exempt from vaccination and they received information about the risks and benefits of influenza vaccine. (G) Unavailability of Vaccine. A hospital shall not be required to provide or arrange for influenza vaccination during such times that the vaccine is unavailable for purchase, shipment, distribution or administration by a third-party, or when complying with an order of the Commissioner restricting the use of the vaccine. A hospital shall obtain and administer influenza vaccine in accordance with 105 CMR 130.325 as soon as vaccine becomes available. (H) Documentation. (1) A hospital shall require and maintain for each individual proof of current vaccination against influenza virus pursuant to 105 CMR 130.325(B) and (C) or the individual’s exemption statement pursuant to 105 CMR 130.325(F). (2) Each hospital shall maintain a central system to track the vaccination status of all personnel. (3) If a hospital is unable to provide or arrange for influenza vaccination for any individual, it shall document the reasons such vaccination could not be provided or arranged for. (I) Reporting and Data Collection. Each hospital shall report information to the Department documenting the hospital’s compliance with the personnel vaccination requirements of 105 CMR 130.325, in accordance with reporting and data collection guidelines of the Commissioner. (J) 105 CMR 130.325 establishes requirements for influenza vaccination of hospital personnel. Nothing in 105 CMR 130.000 shall be read to prohibit hospitals from establishing policies and procedures for influenza vaccination of personnel that exceed the requirements set forth in 105 CMR 130.325.