UNOFFICIAL COPY 23 RS BR 845
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AN ACT relating to drugs and medicines and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 164 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) If an independent institution or postsecondary education institution requires a 5
student to receive an immunization, the institution shall allow a student to be 6
exempted from the immunization if the: 7
(a) Vaccine is medically contraindicated; 8
(b) Student or the student's legal guardian objects to the immunization due to 9
religious beliefs or other conscientiously held beliefs; or 10
(c) Student or the student's legal guardian refuses the vaccine after being fully 11
informed of the health risks. 12
(2) Any individual injured by any act of an independent institution or postsecondary 13
education institution in violation of this section shall have a civil cause of action 14
to enjoin further violations and to recover actual damages, together with the costs 15
of the action and reasonable attorney's fees. If the action is prosecuted by the 16
Attorney General or his or her designee, attorney's fees shall not be awarded. 17
(3) In addition to any other relief allowed by law, any individual injured by any act 18
or omission of a judicial officer of this Commonwealth arising under this section 19
shall have a cause of action against the judicial officer to enjoin any violation, 20
compel further action, or both. Costs and attorney's fees may be awarded against 21
a judicial officer who violates this subsection only upon a finding that the act or 22
omission is clearly in excess of the judicial officer’s authority. 23
(4) Any cause of action under this section may be filed in the Circuit Court of the 24
county in which the alleged violation occurred or the county where the plaintiff 25
resides. 26
Section 2. KRS 209.552 is amended to read as follows: 27 UNOFFICIAL COPY 23 RS BR 845
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(1) Every long-term care facility shall require residents to be immunized against 1
pneumococcal disease and influenza. Upon admission, the long-term care facility 2
shall: 3
(a) Notify the resident of the requirements of this section and request that the 4
resident agree to be immunized against pneumococcal disease and influenza 5
virus; 6
(b) Assess the resident's immunization status for influenza virus and 7
pneumococcal disease; 8
(c) Counsel each resident on the risks of influenza and pneumococcal disease; the 9
efficacy, side effects, and contraindications of these immunizations; and the 10
recommendations of the Centers for Disease Control prior to administration of 11
the vaccines; and 12
(d) Provide or arrange for immunizations against pneumococcal and influenza in 13
accordance with the recommendations of the Advisory Committee on 14
Immunization Practices of the Centers for Disease Control, unless medically 15
contraindicated, if the resident or long-term care facility does not have 16
documentation of the immunization. 17
(2) Every long-term care facility shall document immunization against influenza virus 18
every influenza season, by October 15 or upon admission, whichever comes later, 19
and pneumococcal immunization for each resident. Upon finding that a resident 20
lacks either of these immunizations, the facility shall provide or arrange for the 21
immunization in accordance with the recommendations of the Advisory Committee 22
on Immunization Practices of the Centers for Disease Control, unless medically 23
contraindicated. 24
(3) Every long-term care facility shall require each employee, regardless of 25
employment status, to be immunized against pneumococcal and influenza virus. 26
Upon employment, the long-term care facility shall: 27 UNOFFICIAL COPY 23 RS BR 845
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(a) Notify the employee of the requirements of this section and request that the 1
employee agree to be immunized against pneumococcal disease and influenza 2
virus; 3
(b) Assess the employee's immunization status for influenza virus and 4
pneumococcal disease; 5
(c) Counsel each employee on the risks of influenza and pneumococcal disease; 6
the efficacy, side effects, and contraindications of these immunizations; and 7
the recommendations of the Centers for Disease Control prior to 8
administration of the vaccines; and 9
(d) Provide or arrange for immunizations against pneumococcal and influenza in 10
accordance with the recommendations of the Advisory Committee on 11
Immunization Practices of the Centers for Disease Control, unless medically 12
contraindicated, if the employee or the long-term care facility does not have 13
documentation of the appropriate immunizations. 14
(4) Every long-term care facility shall document immunization against influenza virus 15
every influenza season, by October 15 or upon employment, whichever comes later, 16
and pneumococcal immunization for each employee. Upon finding that an 17
employee lacks either of these immunizations, the facility shall provide or arrange 18
for immunization in accordance with the recommendations of the Advisory 19
Committee on Immunization Practices of the Centers for Disease Control, unless 20
medically contraindicated. 21
(5) The provisions of this section or any other vaccine requirement imposed by an 22
individual facility shall not apply if: 23
(a) The vaccine is medically contraindicated; 24
(b) The employee, resident, or resident's legal guardian objects to the 25
immunizations due to religious beliefs; or 26
(c) The employee or resident refuses the vaccine after being fully informed of the 27 UNOFFICIAL COPY 23 RS BR 845
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health risks. 1
SECTION 3. A NEW SECTION OF KRS CHAPTER 216B IS CREATED TO 2
READ AS FOLLOWS: 3
(1) If a health facility requires an employee, regardless of employment status, to 4
receive an immunization, the health facility shall allow an employee to be 5
exempted from the immunization if the: 6
(a) Vaccine is medically contraindicated; 7
(b) Employee objects to the immunization due to religious beliefs or other 8
conscientiously held beliefs; or 9
(c) Employee refuses the vaccine after being fully informed of the health risks. 10
(2) Any individual injured by any act of a health facility in violation of this section 11
shall have a civil cause of action to enjoin further violations and to recover actual 12
damages, together with the costs of the action and reasonable attorney's fees. If 13
the action is prosecuted by the Attorney General or his or her designee, attorney's 14
fees shall not be awarded. 15
(3) In addition to any other relief allowed by law, any individual injured by any act 16
or omission of a judicial officer of this Commonwealth arising under this section 17
shall have a cause of action against the judicial officer to enjoin any violation, 18
compel further action, or both. Costs and attorney's fees may be awarded against 19
a judicial officer who violates this subsection only upon a finding that the act or 20
omission is clearly in excess of the judicial officer’s authority. 21
(4) Any cause of action under this section may be filed in the Circuit Court of the 22
county in which the alleged violation occurred or the county where the plaintiff 23
resides. 24
SECTION 4. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 25
READ AS FOLLOWS: 26
(1) If an employer requires an employee, regardless of employment status, to receive 27 UNOFFICIAL COPY 23 RS BR 845
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an immunization, the employer shall allow an employee to be exempted from the 1
immunization if the: 2
(a) Vaccine is medically contraindicated; 3
(b) Employee objects to the immunization due to religious beliefs or other 4
conscientiously held beliefs; or 5
(c) Employee refuses the vaccine after being fully informed of the health risks. 6
(2) Any individual injured by any act of an employer in violation of this section shall 7
have a civil cause of action to enjoin further violations and to recover actual 8
damages, together with the costs of the action and reasonable attorney's fees. If 9
the action is prosecuted by the Attorney General or his or her designee, attorney's 10
fees shall not be awarded. 11
(3) In addition to any other relief allowed by law, any individual injured by any act 12
or omission of a judicial officer of this Commonwealth arising under this section 13
shall have a cause of action against the judicial officer to enjoin any violation, 14
compel further action, or both. Costs and attorney's fees may be awarded against 15
a judicial officer who violates this subsection only upon a finding that the act or 16
omission is clearly in excess of the judicial officer’s authority. 17
(4) Any cause of action under this section may be filed in the Circuit Court of the 18
county in which the alleged violation occurred or the county where the plaintiff 19
resides. 20
Section 5. Whereas the Commonwealth of Kentucky has a paramount interest in 21
protecting the rights of all citizens to make informed decisions about their health, an 22
emergency is declared to exist, and this Act takes effect upon its passage and approval by 23
the Governor or upon its otherwise becoming law. 24