NY flu reg enforcement largely falls to hospitals
NY flu reg enforcement largely falls to hospitals
Sets Nov. 30 deadline to complete vaccinations
Enforcement of a controversial regulation mandating flu shots for New York health care workers appears to fall primarily to hospitals and other health care facilities. The final regulation had not been released at press time, but a late draft version essentially sets some deadlines and leaves health care institutions to determine their in-house approach to noncompliance. Key provisions of the draft regulation include:
• Every health care facility in this state shall notify all personnel of the requirement and require that personnel be immunized against influenza viruses as a precondition to employment and on an annual basis. Such influenza vaccinations must be in accordance with the national recommendations in effect at the time of vaccination, unless the commissioner has determined that there is not an adequate supply of vaccine. If the commissioner determines the vaccine supplies are not adequate given the numbers of personnel to be vaccinated or vaccines are not reasonably available, the commissioner may suspend the requirements to vaccinate and/or change the annual deadline for such vaccinations.
• Each health care facility must provide or arrange for influenza vaccinations, at no cost to its personnel, either at the facility or elsewhere. Personnel may choose to receive influenza vaccination from a source other than that arranged for by the facility and provide documentation to the facility.
• "Personnel" means all people employed or affiliated with a health care facility, whether paid or unpaid, including but not limited to employees, members of the medical staff, contract staff, students, and volunteers, who either have direct contact with patients or whose activities are such that if they were infected with influenza, they could potentially expose patients, or others who have direct contact with patients, to influenza.
• The vaccination provision shall not apply to those individuals employed or affiliated with a facility that have neither direct contact with patients nor activities that could potentially expose patients or others who have direct contact with patients. (e.g, administrative, data entry, and building or property maintenance functions that meet the criteria).
• No personnel shall be required to receive an influenza vaccine if the vaccine is medically contraindicated for that individual. Nationally recognized up-to-date guidance for medical contraindications and recommendations for vaccinations for influenza will be posted on the New York State Department of Health immunization page web site and will be updated regularly. The facility shall, on a case-by-case basis, evaluate what steps those who are not vaccinated pursuant to this section must take to reduce the risk of transmitting influenza to patients.
• Annual influenza vaccination and the documentation thereof shall take place no later than Nov. 30 of each year. Personnel newly entering into service at a facility after Nov. 30 but before April 1 of each year shall have his or her status for influenza vaccination determined by the facility and, if found to be deficient, the facility shall provide or arrange for the necessary vaccination at no cost to the new personnel. Instead of obtaining influenza vaccination from the facility, personnel may choose to receive influenza vaccination from a source other than that arranged for by the facility and provide documentation.
• The health care facility shall document the annual vaccinations against influenza virus of all personnel, with files including the date, site of administration, type of vaccine, dose, manufacturer and lot number of the vaccine, reactions if any, vaccine information statement given, and the name of the person administering the vaccines. If any personnel receive influenza vaccinations from other than facility staff, the facility shall document in the personnel file the date, type of vaccine, dose and name of the person administering the vaccine.
Enforcement of a controversial regulation mandating flu shots for New York health care workers appears to fall primarily to hospitals and other health care facilities.Subscribe Now for Access
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