(a) Effective September 1, 2012, a facility must develop
and implement a policy to protect a resident from vaccine preventable
diseases in accordance with Texas Health and Safety Code, Chapter
224.
(b) The policy must:
(1) require an employee or a contractor providing direct
care to a resident to receive vaccines for the vaccine preventable
diseases specified by the facility based on the level of risk the
employee or contractor presents to residents by the employee's or
contractor's routine and direct exposure to residents;
(2) specify the vaccines an employee or contractor
is required to receive in accordance with paragraph (1) of this subsection;
(3) include procedures for the facility to verify
that an employee or contractor has complied with the policy;
(4) include procedures for the facility to exempt an
employee or contractor from the required vaccines for the medical
conditions identified as contraindications or precautions by the Centers
for Disease Control and Prevention;
(5) for an employee or contractor who is exempt from
the required vaccines, include procedures the employee or contractor
must follow to protect residents from exposure to disease, such as
the use of protective equipment, such as gloves and masks, based on
the level of risk the employee or contractor presents to residents
by the employee's or contractor's routine and direct exposure to residents;
(6) prohibit discrimination or retaliatory action against
an employee or contractor who is exempt from the required vaccines
for the medical conditions identified as contraindications or precautions
by the Centers for Disease Control and Prevention, except that required
use of protective medical equipment, such as gloves and masks, may
not be considered retaliatory action;
(7) require the facility to maintain a written or electronic
record of each employee's or contractor's compliance with or exemption
from the policy;
(8) include disciplinary actions the facility may take
against an employee or contractor who fails to comply with the policy.
(c) The policy may:
(1) include procedures for an employee or contractor
to be exempt from the required vaccines based on reasons of conscience,
including religious beliefs; and
(2) prohibit an employee or contractor who is exempt
from the required vaccines from having contact with residents during
a public health disaster, as defined in Texas Health and Safety Code,
§81.003 (relating to Definitions).
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