Requirement for Personnel to Be Vaccinated against Coronavirus Disease 2019 (COVID-19)

Caused by the Virus SARS-CoV-2 (A) Definitions. 1. For purposes of 105 CMR 170.342, 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 170.342, COVID-19 vaccination means being up to date with COVID-19 vaccines as recommended by the Centers for Disease Control and Prevention (CDC). 3. For purposes of 105 CMR 170.342, 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 have received COVID-19 vaccination in the timeframe specified in Department guidelines, unless an individual is exempt from vaccination in accordance with 105 CMR 170.342(E). (C) Each service shall provide all personnel with information about the risks and benefits of COVID-19 vaccination. (D) Each service shall notify all personnel of the COVID-19 vaccination requirements of 105 CMR 170.342 and shall, at no cost to any personnel, provide or arrange for vaccination of all personnel who cannot provide proof of current vaccination against COVID-19 unless an individual is exempt from vaccination in accordance with 105 CMR 170.342(E). (E) Exemptions. 1. Subject to the provisions set forth in 105 CMR 170.342(E)(2), a service shall not require an individual to receive a COVID-19 vaccine pursuant to 105 CMR 170.342(B) 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 COVID-19 vaccine. (F) Unavailability of Vaccine. A service shall not be required to provide or arrange for COVID-19 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 COVID-19 vaccine in accordance with 105 CMR 170.342 as soon as vaccine becomes available. (G) Documentation. 1. A service shall require and maintain for each individual proof of current vaccination against COVID-19 virus pursuant to 105 CMR 170.342(B), or the individual's exemption statement pursuant to 105 CMR 170.342(E). 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 COVID-19 vaccination for any individual, it shall document the reasons such vaccination could not be provided or arranged for. (H) Reporting and Data Collection. Each service shall report information to the Department documenting the service's compliance with the personnel vaccination requirements of 105 CMR 170.342, in accordance with reporting and data collection guidelines of the Commissioner. (I) 105 CMR 170.342 establishes requirements for COVID-19 vaccination of ambulance service personnel. Nothing in 105 CMR 170.000 shall be read to prohibit services from establishing policies and procedures for COVID-19 vaccination of personnel that exceed the requirements set forth in 105 CMR 170.342.