Indiana § 16-28-14-6 - Exceptions to required immunization

§ 16-28-14-6. Exceptions to required immunization

Sec. 6. Notwithstanding any other provision of this chapter, a health facility shall not require an individual to receive an immunization under this chapter if:

(1) the health facility:

(A) has written documentation from the individual's physician or other health care provider indicating the date and place that the individual received an immunization required under this chapter; and

(B) determines that no additional immunization is required;

(2) the immunization is medically contraindicated as described in the product labeling approved by the United States Food and Drug Administration;

(3) receiving the immunization is against the individual's religious beliefs; or

(4) the individual refuses to permit the immunization as provided by state or federal law.

As added by P.L.97-1999, SEC.2.

IC 16-28-14.5Chapter 14.5. Health Facility Employee Immunizations

16-28-14.5-1Application of chapter 16-28-14.5-2Consent; influenza immunizations 16-28-14.5-3Date immunizations are required 16-28-14.5-4Availability of vaccine 16-28-14.5-5Exceptions to required immunizations 16-28-14.5-6Rules

IC 16-28-14.5-1Application of chapter Sec. 1. This chapter applies only to the following:

(1) Health facilities that are licensed under IC 16-28 as comprehensive care facilities.

(2) Employees of health facilities described in subdivision (1) who have direct contact with a patient or resident of the health facility.

As added by P.L.29-2009, SEC.2.

IC 16-28-14.5-2Consent; influenza immunizations Sec. 2. (a) Subject to obtaining an employee's consent, a health facility shall annually administer or make available to be administered immunizations against the influenza virus to the employee of the health facility.

(b) A health facility shall conduct the immunizations required under subsection (a) in accordance with the recommendations established by the Advisory Committee on Immunization Practices of the United States Centers for Disease Control and Prevention that are in effect at the time the health facility conducts the immunizations.

As added by P.L.29-2009, SEC.2.

IC 16-28-14.5-3Date immunizations are required Sec. 3. A health facility shall annually administer or make available to be administered the immunizations required under this chapter to each employee of the health facility who is employed by the health facility during the period beginning October 1 and ending February 1 of the following year.

As added by P.L.29-2009, SEC.2.

IC 16-28-14.5-4Availability of vaccine Sec. 4. A health facility is not required to provide or make available to the health facility's employees annual immunizations against the influenza virus if the department determines that the necessary vaccine is not in adequate supply.

As added by P.L.29-2009, SEC.2.

IC 16-28-14.5-5Exceptions to required immunizations Sec. 5. Notwithstanding any other provision of this chapter, a health facility shall not require an employee to receive an immunization under this chapter if:

(1) the health facility:

(A) has written documentation from the employee's physician or other health care provider indicating the date and place that the individual received an immunization required under this chapter; and

(B) determines that no additional immunization is required;

(2) the immunization is medically contraindicated for the employee;

(3) receiving the immunization is against the employee's religious beliefs; or

(4) the employee refuses to permit the immunization after being fully informed of the health risks.

As added by P.L.29-2009, SEC.2.

IC 16-28-14.5-6Rules Sec. 6. The state department may adopt rules under IC 4-22-2 to administer this chapter.

As added by P.L.29-2009, SEC.2.

IC 16-28-15Chapter 15. Health Facility Quality Assessment Fee

16-28-15-1Initial date fee imposed 16-28-15-2"Continuing care retirement community" 16-28-15-3"Health facility" 16-28-15-4"Nursing facility" 16-28-15-5"Office" 16-28-15-6Collection of fee 16-28-15-7Implementation of waiver 16-28-15-8Distribution of revenue from fee 16-28-15-9Termination of fee; conditions 16-28-15-10Rules 16-28-15-11Failure to pay fee; interest; report 16-28-15-12Failure to pay fee; penalties 16-28-15-13Review; implementation of chapter 16-28-15-14Expiration