KRS 209.552: Immunization against pneumococcal disease and influenza --

Documentation -- Immunization of employees.

(1) Every long -term care facility shall require residents to be immunized against

pneumococcal disease and influenza. Upon admission, the l ong-term care facility

shall:

(a) Notify the resident of the requirements of this section and request that the

resident agree to be immunized against pneumococcal disease and influenza

virus;

(b) Assess the resident's immunization status for influenza viru s and

pneumococcal disease;

(c) Counsel each resident on the risks of influenza and pneumococcal disease; the

efficacy, side effects, and contraindications of these immunizations; and the

recommendations of the Centers for Disease Control prior to administration of

the vaccines; and

(d) Provide or arrange for immunizations against pneumococcal and influenza in

accordance with the recommendations of the Advisory Committee on

Immunization Practices of the Centers for Disease Control, unless medically

contraindicated, if the resident or long -term care facility does not have

documentation of the immunization.

(2) Every long-term care facility shall document immunization against influenza virus

every influenza season, by October 15 or upon admission, whichever co mes later,

and pneumococcal immunization for each resident. Upon finding that a resident

lacks either of these immunizations, the facility shall provide or arrange for the

immunization in accordance with the recommendations of the Advisory Committee

on Imm unization Practices of the Centers for Disease Control, unless medically

contraindicated.

(3) Every long-term care facility shall require each employee, regardless of employment

status, to be immunized against pneumococcal and influenza virus. Upon

employment, the long-term care facility shall:

(a) Notify the employee of the requirements of this section and request that the

employee agree to be immunized against pneumococcal disease and influenza

virus;

(b) Assess the employee's immunization status for infl uenza virus and

pneumococcal disease;

(c) Counsel each employee on the risks of influenza and pneumococcal disease;

the efficacy, side effects, and contraindications of these immunizations; and

the recommendations of the Centers for Disease Control prior t o

administration of the vaccines; and

(d) Provide or arrange for immunizations against pneumococcal and influenza in

accordance with the recommendations of the Advisory Committee on

Immunization Practices of the Centers for Disease Control, unless medicall y

contraindicated, if the employee or the long -term care facility does not have

documentation of the appropriate immunizations.

(4) Every long-term care facility shall document immunization against influenza virus

every influenza season, by October 15 or upon employment, whichever comes later,

and pneumococcal immunization for each employee. Upon finding that an

employee lacks either of these immunizations, the facility shall provide or arrange

for immunization in accordance with the recommendations of the Advisory

Committee on Immunization Practices of the Centers for Disease Control, unless

medically contraindicated.

(5) The provisions of this section shall not apply if:

(a) The vaccine is medically contraindicated;

(b) The employee, resident, or resident's legal guardian objects to the

immunizations due to religious beliefs; or

(c) The employee or resident refuses the vaccine after being fully informed of the

health risks.