PART 956 HEALTH CARE EMPLOYEE VACCINATION CODE : Sections Listing

TITLE 77: PUBLIC HEALTH
CHAPTER I: DEPARTMENT OF PUBLIC HEALTH
SUBCHAPTER u: MISCELLANEOUS PROGRAMS AND SERVICES
PART 956 HEALTH CARE EMPLOYEE VACCINATION CODE


AUTHORITY: Sections 2310-195, 2310-610 and 2310-650 of the Department of Public Health Powers and Duties Law of the Civil Administrative Code [20 ILCS 2310].

SOURCE: Emergency rule adopted at 34 Ill. Reg. 996, effective December 29, 2009, for a maximum of 150 days; adopted at 34 Ill. Reg. 7725, effective May 19, 2010; amended at 36 Ill. Reg. 6656, effective April 16, 2012; emergency amendment at 42 Ill. Reg. 17942, effective September 18, 2018, for a maximum of 150 days; amended at 43 Ill. Reg. 2597, effective February 6, 2019; emergency amendment at 44 Ill. Reg. 16931, effective September 30, 2020, for a maximum of 150 days; emergency expired February 26, 2021; amended at 45 Ill. Reg. 3685, effective March 4, 2021.

 

Section 956.10 Definitions

 

Act Sections 2310-195, 2310-610 and 2310-650 of the Department of Public Health Power and Duties Law of the Civil Administrative Code [20 ILCS 2310].

 

Health care employee − All paid and unpaid persons working in health care settings who have the potential for exposure to infectious materials, including body substances, contaminated medical supplies and equipment, contaminated environmental surfaces, or contaminated air. Health care employees include, but are not limited to, physicians, nurses, nursing assistants, therapists, technicians, emergency medical services employees, pharmacists, laboratory employees, and persons not directly involved in patient care (e.g., clerical, dietary, housekeeping, maintenance and volunteers) but potentially exposed to infectious agents that can be transmitted to and from health care employees.

 

Health care setting

 

A facility licensed under the Alternative Health Care Delivery Act;

 

An ambulatory surgical treatment center, as defined in the Ambulatory Surgical Treatment Center Act;

 

An assisted living facility, a shared housing establishment, or a board and care home, as defined in the Assisted Living and Shared Housing Act;

 

A community living facility, as defined in the Community Living Facilities Licensing Act;

 

A life care facility, as defined in the Life Care Facilities Act;

 

A long-term care facility, as defined in the Nursing Home Care Act;

 

A long-term care facility, as defined in the ID/DD Community Care Act;

 

A long-term care facility, as defined in the MC/DD Act;

 

A specialized mental health rehabilitation facility, as defined in the Specialized Mental Health Rehabilitation Act of 2013;

 

An EMS System, as defined in the Emergency Medical Services (EMS) Systems Act;

 

A freestanding emergency center, licensed under the Emergency Medical Services (EMS) Systems Act;

 

A home health agency, home services agency or home nursing agency, as defined in the Home Health, Home Services, and Home Nursing Agency Licensing Act;

 

A hospice care program or voluntary hospice program, as defined in the Hospice Program Licensing Act;

 

A supportive residence, as defined in the Supportive Residences Licensing Act;

 

A hospital, as defined in the Hospital Licensing Act;

 

The University of Illinois Hospital, Chicago, as defined in the University of Illinois Hospital Act;

 

A Developmental Center, as defined in the Mental Health and Developmental Disabilities Administrative Act;

 

A Mental Health Center, as defined in the Mental Health and Developmental Disabilities Administrative Act.

 

Influenza − An acute infectious respiratory disease, caused by influenza viruses.

 

Medically contraindicated That administration of an influenza vaccine to an employee would likely be detrimental to the employee's health (Section 2310-650 of the Act).

 

Vaccination − The act or practice of vaccinating; inoculation with vaccine.

 

(Source: Amended at 45 Ill. Reg. 3685, effective March 4, 2021)

 

Section 956.20 Referenced Materials

 

The following Illinois statutes are referenced in this Part:

 

a) Alternative Health Care Delivery Act [210 ILCS 3]

 

b) Ambulatory Surgical Treatment Center Act [210 ILCS 5]

 

c) Assisted Living and Shared Housing Act [210 ILCS 9]

 

d) Community Living Facilities Licensing Act [210 ILCS 35]

 

e) Life Care Facilities Act [210 ILCS 40]

 

f) Nursing Home Care Act [210 ILCS 45]

 

g) Emergency Medical Services (EMS) Systems Act [210 ILCS 50]

 

h) Home Health, Home Services, and Home Nursing Agency Licensing Act [210 ILCS 55]

 

i) Hospice Program Licensing Act [210 ILCS 60]

 

j) Supportive Residences Licensing Act [210 ILCS 65]

 

k) Hospital Licensing Act [210 ILCS 85]

 

l) University of Illinois Hospital Act [110 ILCS 330]

 

m) ID/DD Community Care Act [210 ILCS 47]

 

n) Specialized Mental Health Rehabilitation Act [210 ILCS 48]

 

o) MC/DD Act [210 ILCS 46]

 

p) Department of Public Health Powers and Duties Law of the Civil Administrative Code [20 ILCS 2310]

 

q) Mental Health and Developmental Disabilities Administrative Act [20 ILCS 1705]

 

r) Department of Public Health Act [20 ILCS 2305]

 

(Source: Amended at 45 Ill. Reg. 3685, effective March 4, 2021)

 

Section 956.30 Influenza Vaccination

 

Each health care setting shall ensure that all health care employees are provided education on influenza and are offered the opportunity to receive seasonal, novel and pandemic influenza vaccine, in accordance with this Section, during the influenza season (between September 1 and March 1 of each year), unless the vaccine is unavailable (see subsection (d)).

 

a) Each health care setting shall notify all health care employees of the influenza vaccination provisions of this Part and shall provide or arrange for vaccination of all health care employees who accept the offer of vaccination. Each health care setting shall provide all health care employees with education about the benefits of influenza vaccine and potential consequences of influenza illness. Information provided shall include the epidemiology, modes of transmission, diagnosis, treatment and non-vaccine infection control strategies.

 

b) Each health care setting shall develop and implement a program that includes the following:

 

1) A plan to offer seasonal, pandemic or any other influenza vaccine;

 

2) The time frame within which health care employees will be offered vaccination; and

 

3) Any required documentation relating to the health care employee vaccination requirement of this Part.

 

c) Declination of Vaccine

 

1) A health care employee may decline the offer of vaccination if:

 

A) the vaccine is medically contraindicated;

 

B) the vaccination is against the employee's religious belief; or

 

C) the employee has already been vaccinated.

 

2) General philosophical or moral reluctance to influenza vaccinations does not provide basis for an exemption. (Section 2310-650 of the Act)

 

3) Health care employees who decline vaccination for any reason indicated in subsection (c)(1) shall sign a statement declining vaccination and certifying that he or she received education about the benefits of influenza vaccine.

 

d) Unavailability of Vaccine. A health care setting shall not be required to offer influenza vaccination when the vaccine is unavailable for purchase, shipment or administration by a third party, or when complying with an order of the Department that restricts the use of the vaccine. A health care setting shall offer to provide or arrange for influenza vaccination for health care employees as soon as the vaccine becomes available.

 

e) Documentation

 

1) Each health care setting shall maintain a system to track the offer of vaccination to health care employees. The system shall include documentation that each person either accepted the offer or declined the offer by signing a declination statement pursuant to subsection (c)(3).

 

2) If a health care setting is unable to provide or arrange for influenza vaccination for health care employees who wish to be vaccinated, the reasons why the vaccination could not be provided or arranged for shall be documented.

 

3) Individual declination statements shall be handled in a manner that ensures individual confidentiality.

 

4) Documentation shall be maintained for at least three years.

 

f) Health care settings may choose to develop and implement more stringent influenza vaccination policies, strategies or programs designed to improve health care employee vaccination rates than those required by this Part and that are consistent with existing law and regulation.

 

(Source: Amended at 43 Ill. Reg. 2597, effective February 6, 2019)


Section 956.APPENDIX A Sample Declination Form

 

1. _____ (Initial) I have read the "Influenza Vaccine Information Statement, date XXXX". I have had an opportunity to ask questions, which were answered to my satisfaction. I understand the benefits and risks of influenza vaccine.

 

Print Name

 

Department

 

 

I intend to be vaccinated.

 

2. _____ (Initial) I have already had an influenza vaccination this year.

 

Location where vaccinated

 

Date vaccinated

 

 

3. I acknowledge that I am aware of the following facts:

 

Influenza is a serious respiratory disease that kills, on average, 36,000 Americans every year.

 

Influenza virus may be shed for up to 48 hours before symptoms begin, allowing transmission to others.

 

Up to 30% of people with influenza have no symptoms, allowing transmission to others.

 

Influenza virus changes often, making annual vaccination necessary. Immunity following vaccination is strongest for 2 to 6 months.

 

I understand that influenza vaccine cannot transmit influenza. It does not, however, prevent all disease.

 

I have declined to receive the influenza vaccine for the ______ season. I acknowledge that influenza vaccination is recommended by the Centers for Disease Control and Prevention (CDC) for all health care employees to prevent infection from and transmission of influenza and its complications, including death, to patients/residents/clients, my co-workers, my family and my community.

 

4. I decline the offer of vaccination for the following reasons (please initial all that apply):

 

 

 

My religious beliefs prohibit vaccination.

 

 

I have a medical contraindication to receiving the vaccine.

 

 

I have already received an influenza vaccination.

 

5. Knowing the facts set forth above, I choose to decline vaccination at this time. I may change my mind and accept vaccination later, if vaccine is available. I have read and fully understand the information on this declination form.

 

Print name

 

Department

 

 

 

 

 

Signature

 

Date

 

 

 

 

 

 

(Source: Amended at 43 Ill. Reg. 2597, effective February 6, 2019)