EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0857*
SENATE BILL 857
J3, J1 2lr2825
By: Senator Klausmeier
Introduced and read first time: February 7, 2022
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Hospital Flu Vaccines 2
FOR the purpose of requiring hospitals to immunize patients against the influenza virus 3
and pneumococcal disease except under certain circumstances; providing for the 4
manner of obtaining consent for and conducting the immunizations for a hospital 5
patient; and generally relating to offering immunizations to hospital patients. 6
BY repealing and reenacting, with amendments, 7
Article – Health – General 8
Section 18–404 9
Annotated Code of Maryland 10
(2019 Replacement Volume and 2021 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Health – General 14
18–404. 15
(a) (1) In this section the following words have the meanings indicated. 16
(2) “Employee” means an individual employed full–time or part–time 17
directly, through contract with another entity, or as an independent contractor, by a related 18
institution. 19
(3) “HOSPITAL” HAS THE MEANING STAT ED IN § 19–301 OF THIS 20
ARTICLE. 21
2 SENATE BILL 857
[(3)] (4) “Medically contraindicated” means that a medical treatment is 1
potentially detrimental to the health of the individual intended to be treated. 2
[(4)] (5) “Related institution” has the meaning provided under § 19–301 3
of this article. 4
(b) (1) Subject to subsection (e) of this section, each related institution in the 5
State shall immunize residents against the influenza virus and pneumococcal disease. 6
(2) Subject to subsection (e) of this section, each related institution in the 7
State shall immunize employees against the influenza virus. 8
(3) SUBJECT TO SUBSECTION (E) OF THIS SECTION, EACH HOSPITAL 9
IN THE STATE SHALL IMMUNIZE PATIENTS AGAINST INF LUENZA VIRUS AND 10
PNEUMOCOCCAL DISEASE . 11
[(3)] (4) Before an immunization under this section is administered, the 12
HOSPITAL OR related institution shall obtain written consent to administer the 13
immunization from: 14
(i) The resident [or], employee, OR PATIENT receiving the 15
immunization; or 16
(ii) The PARENT OR legal guardian of the resident OR PATIENT 17
receiving the immunization. 18
(c) Each HOSPITAL OR related institution shall conduct the immunizations 19
required under subsection (b) of this section: 20
(1) In accordance with the recommendations established by the Advisory 21
Committee on Immunization Process of the United States Centers for Disease Control and 22
Prevention that are in effect at the time the HOSPITAL OR related institution conducts the 23
immunizations; and 24
(2) [By] FOR A RELATED INSTITU TION, BY December 1 of each year that 25
the immunization is required. 26
(d) A HOSPITAL THAT ACCEPT S AN INDIVIDUAL AS A NEW PATIENT OR 27
related institution that accepts an individual as a new resident or accepts an individual as 28
a new employee after December 1 but before April 1 shall: 29
(1) Determine the individual’s status for immunization as required under 30
subsection (b) of this section; and 31
(2) If necessary, provide or arrange for an immunization as required under 32
subsection (b) of this section. 33 SENATE BILL 857 3
(e) A resident [or], employee, OR PATIENT is not required to receive a vaccine 1
under this section if: 2
(1) The vaccine is medically contraindicated for the resident [or], 3
employee, OR PATIENT; 4
(2) The vaccine is against the resident’s [or], employee’s, OR PATIENT’S 5
religious beliefs; or 6
(3) After being fully informed by the HOSPITAL OR related institution of 7
the health risks associated with not receiving a vaccine, the resident [or], employee, OR 8
PATIENT refuses the vaccine. 9
(f) (1) (i) Each related institution shall document the annual 10
immunization against influenza virus and immunization against pneumococcal disease 11
received by each resident in the resident’s medical record. 12
(ii) Each related institution shall document the annual 13
immunization against influenza virus received by each employee in the employee’s 14
personnel file. 15
(III) EACH HOSPITAL SHALL D OCUMENT THE ANNUAL 16
IMMUNIZATION AGAINST INFLUENZA VIRUS AND IMMUNIZATION AGAINST 17
PNEUMOCOCCAL DISEASE RECEIVED BY EACH PAT IENT IN THE PATIENT’S MEDICAL 18
RECORD. 19
(2) If a resident [or], employee, OR PATIENT refuses to be immunized as 20
required under subsection (b) of this section, the HOSPITAL OR related institution shall 21
document the refusal and the reason for the refusal. 22
(g) Each HOSPITAL AND related institution shall: 23
(1) Notify each prospective resident [and], each prospective employee, AND 24
EACH PROSPECTIVE PAT IENT of the immunization requirements of this section and 25
request that the resident [or], employee, OR PATIENT agree to be immunized in accordance 26
with subsection (b)(3) of this section; and 27
(2) Make available to all residents [and], employees, AND PATIENTS of the 28
HOSPITAL OR related institution educational and informational materials relating to 29
immunization against influenza virus and immunization against pneumococcal disease. 30
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 31
October 1, 2022. 32