Maryland 2022 Regular Session

Maryland Senate Bill SB857 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
4	4	[Brackets] indicate matter deleted from existing law.
5	5	sb0857
6	6
7	7	SENATE BILL 857
8	8	J3, J1 2lr2825
9	9
10	10	By: Senator Klausmeier
11	11	Introduced and read first time: February 7, 2022
12	12	Assigned to: Finance
13	13
14	14	A BILL ENTITLED
15	15
16	16	AN ACT concerning 1
17	17
18	18	Hospital Flu Vaccines 2
19	19
20	20	FOR the purpose of requiring hospitals to immunize patients against the influenza virus 3
21	21	and pneumococcal disease except under certain circumstances; providing for the 4
22	22	manner of obtaining consent for and conducting the immunizations for a hospital 5
23	23	patient; and generally relating to offering immunizations to hospital patients. 6
24	24
25	25	BY repealing and reenacting, with amendments, 7
26	26	Article – Health – General 8
27	27	Section 18–404 9
28	28	Annotated Code of Maryland 10
29	29	(2019 Replacement Volume and 2021 Supplement) 11
30	30
31	31	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
32	32	That the Laws of Maryland read as follows: 13
33	33
34	34	Article – Health – General 14
35	35
36	36	18–404. 15
37	37
38	38	(a) (1) In this section the following words have the meanings indicated. 16
39	39
40	40	(2) “Employee” means an individual employed full–time or part–time 17
41	41	directly, through contract with another entity, or as an independent contractor, by a related 18
42	42	institution. 19
43	43
44	44	(3) “HOSPITAL” HAS THE MEANING STAT ED IN § 19–301 OF THIS 20
45	45	ARTICLE. 21
46	46	2 SENATE BILL 857
47	47
48	48
49	49	[(3)] (4) “Medically contraindicated” means that a medical treatment is 1
50	50	potentially detrimental to the health of the individual intended to be treated. 2
51	51
52	52	[(4)] (5) “Related institution” has the meaning provided under § 19–301 3
53	53	of this article. 4
54	54
55	55	(b) (1) Subject to subsection (e) of this section, each related institution in the 5
56	56	State shall immunize residents against the influenza virus and pneumococcal disease. 6
57	57
58	58	(2) Subject to subsection (e) of this section, each related institution in the 7
59	59	State shall immunize employees against the influenza virus. 8
60	60
61	61	(3) SUBJECT TO SUBSECTION (E) OF THIS SECTION, EACH HOSPITAL 9
62	62	IN THE STATE SHALL IMMUNIZE PATIENTS AGAINST INF LUENZA VIRUS AND 10
63	63	PNEUMOCOCCAL DISEASE . 11
64	64
65	65	[(3)] (4) Before an immunization under this section is administered, the 12
66	66	HOSPITAL OR related institution shall obtain written consent to administer the 13
67	67	immunization from: 14
68	68
69	69	(i) The resident [or], employee, OR PATIENT receiving the 15
70	70	immunization; or 16
71	71
72	72	(ii) The PARENT OR legal guardian of the resident OR PATIENT 17
73	73	receiving the immunization. 18
74	74
75	75	(c) Each HOSPITAL OR related institution shall conduct the immunizations 19
76	76	required under subsection (b) of this section: 20
77	77
78	78	(1) In accordance with the recommendations established by the Advisory 21
79	79	Committee on Immunization Process of the United States Centers for Disease Control and 22
80	80	Prevention that are in effect at the time the HOSPITAL OR related institution conducts the 23
81	81	immunizations; and 24
82	82
83	83	(2) [By] FOR A RELATED INSTITU TION, BY December 1 of each year that 25
84	84	the immunization is required. 26
85	85
86	86	(d) A HOSPITAL THAT ACCEPT S AN INDIVIDUAL AS A NEW PATIENT OR 27
87	87	related institution that accepts an individual as a new resident or accepts an individual as 28
88	88	a new employee after December 1 but before April 1 shall: 29
89	89
90	90	(1) Determine the individual’s status for immunization as required under 30
91	91	subsection (b) of this section; and 31
92	92
93	93	(2) If necessary, provide or arrange for an immunization as required under 32
94	94	subsection (b) of this section. 33 SENATE BILL 857 3
95	95
96	96
97	97
98	98	(e) A resident [or], employee, OR PATIENT is not required to receive a vaccine 1
99	99	under this section if: 2
100	100
101	101	(1) The vaccine is medically contraindicated for the resident [or], 3
102	102	employee, OR PATIENT; 4
103	103
104	104	(2) The vaccine is against the resident’s [or], employee’s, OR PATIENT’S 5
105	105	religious beliefs; or 6
106	106
107	107	(3) After being fully informed by the HOSPITAL OR related institution of 7
108	108	the health risks associated with not receiving a vaccine, the resident [or], employee, OR 8
109	109	PATIENT refuses the vaccine. 9
110	110
111	111	(f) (1) (i) Each related institution shall document the annual 10
112	112	immunization against influenza virus and immunization against pneumococcal disease 11
113	113	received by each resident in the resident’s medical record. 12
114	114
115	115	(ii) Each related institution shall document the annual 13
116	116	immunization against influenza virus received by each employee in the employee’s 14
117	117	personnel file. 15
118	118
119	119	(III) EACH HOSPITAL SHALL D OCUMENT THE ANNUAL 16
120	120	IMMUNIZATION AGAINST INFLUENZA VIRUS AND IMMUNIZATION AGAINST 17
121	121	PNEUMOCOCCAL DISEASE RECEIVED BY EACH PAT IENT IN THE PATIENT’S MEDICAL 18
122	122	RECORD. 19
123	123
124	124	(2) If a resident [or], employee, OR PATIENT refuses to be immunized as 20
125	125	required under subsection (b) of this section, the HOSPITAL OR related institution shall 21
126	126	document the refusal and the reason for the refusal. 22
127	127
128	128	(g) Each HOSPITAL AND related institution shall: 23
129	129
130	130	(1) Notify each prospective resident [and], each prospective employee, AND 24
131	131	EACH PROSPECTIVE PAT IENT of the immunization requirements of this section and 25
132	132	request that the resident [or], employee, OR PATIENT agree to be immunized in accordance 26
133	133	with subsection (b)(3) of this section; and 27
134	134
135	135	(2) Make available to all residents [and], employees, AND PATIENTS of the 28
136	136	HOSPITAL OR related institution educational and informational materials relating to 29
137	137	immunization against influenza virus and immunization against pneumococcal disease. 30
138	138
139	139	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
140	140	October 1, 2022. 32
141	141