Requirement for Personnel to Be Vaccinated against Influenza Virus

(A) Definitions. 1. For purposes of 105 CMR 170.341, personnel means an individual or individuals who either work at or come to the licensed service or site or EMS vehicle and who are employed by or affiliated with the service, 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 care. 2. For purposes of 105 CMR 170.341, 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 170.341(B); and/or other influenza vaccine pursuant to 105 CMR 170.341(C). 3. For purposes of 105 CMR 170.341, mitigation measures mean measures that personnel who are exempt from vaccination take to prevent viral infection and transmission. (B) Each service shall ensure all personnel are vaccinated annually with seasonal influenza vaccine, consistent with any guidelines of the Commissioner, unless an individual is exempt from vaccination in accordance with 105 CMR 170.341(F). (C) Each service also shall ensure 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 170.341(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 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 170.341(C). (D) Each service shall provide all personnel with information about the risks and benefits of influenza vaccine. (E) Each service shall notify all personnel of the influenza vaccination requirements of 105 CMR 170.341 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 unless an individual is exempt from vaccination in accordance with 105 CMR 170.341(F). (F) Exemptions. 1. Subject to the provisions set forth in 105 CMR 170.341(F)(2), a service shall not require an individual to receive an influenza vaccine pursuant to 105 CMR 170.341(B) or (C) if the individual declines the vaccine. 2. For any individual subject to the exemption, a service 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 that they are exempt from vaccination and they received information about the risks and benefits of influenza vaccine. (G) Unavailability of Vaccine. A service shall not be required to provide or arrange for influenza vaccination during such times 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 service shall obtain and administer influenza vaccine in accordance with 105 CMR 170.341 as soon as vaccine becomes available. (H) Documentation. 1. A service shall require and maintain for each individual proof of current vaccination against influenza virus pursuant to 105 CMR 170.341(B) or (C), or the individual's exemption statement pursuant to 105 CMR 170.341(F). 2. Each service shall maintain a central system to track the vaccination status of all personnel. 3. If a service 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 service shall report information to the Department documenting the facility's compliance with the personnel vaccination requirements of 105 CMR 170.341, in accordance with reporting and data collection guidelines of the Commissioner. (J) 105 CMR 170.341 establishes requirements for influenza vaccination of ambulance service personnel. Nothing in 105 CMR 170.000 shall be read to prohibit services from establishing policies and procedures for influenza vaccination of personnel that exceed the requirements set forth in 105 CMR 170.341.