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TITLE 26HEALTH AND HUMAN SERVICES
PART 1HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 554NURSING FACILITY REQUIREMENTS FOR LICENSURE AND MEDICAID CERTIFICATION
SUBCHAPTER QINFECTION CONTROL
RULE §554.1601Infection Control

      (ii) prohibit an employee, contractor, or other individual with privileges to provide direct resident care 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).

  (2) A facility must offer vaccinations to a resident in accordance with an immunization schedule adopted by the Advisory Committee on Immunization Practices of the CDC.

    (A) Pneumococcal vaccinations for residents. The facility must offer pneumococcal vaccination to a resident 65 years of age or older who has not received the vaccination and to a resident younger than 65 years of age, who has not received the vaccination but is a candidate for it because of chronic illness. A pneumococcal vaccination must be offered to a current resident of a facility and to a new resident at the time of admission. A vaccination must be completed unless a physician has indicated that the vaccination is medically contraindicated or the resident refuses the vaccination. The facility must develop and implement policies and procedures to ensure that:

      (i) before offering the pneumococcal immunization, each resident or resident representative receives education regarding the benefits and potential side effects of the pneumococcal vaccination;

      (ii) each resident is offered a pneumococcal immunization, unless the immunization is medically contraindicated or the resident has already been immunized;

      (iii) the resident or the resident representative has the opportunity to refuse immunization; and

      (iv) the resident's clinical record includes documentation that indicates:

        (I) that the resident or the resident representative was provided education regarding the benefits and potential side effects of pneumococcal immunization;

        (II) that the resident either received the pneumococcal immunization or did not receive the pneumococcal immunization due to medical contraindication or refusal; and

        (III) the date of the receipt or refusal of the pneumococcal vaccination.

      (v) Based on an assessment and practitioner recommendation, a second pneumococcal vaccination may be given five years after the first pneumococcal vaccination, unless medically contraindicated or the resident or the resident representative refuses the second vaccination.

    (B) Influenza vaccinations for residents and employees. The facility must offer an influenza vaccination to a resident and an employee in contact with residents, unless the vaccination is medically contraindicated by a physician or the employee or resident has refused the vaccination.

      (i) Influenza vaccinations for all residents and employees in contact with a resident must be completed by November 30 of each year. Employees hired or residents admitted after this date and during the influenza season (through March of each year) must receive influenza vaccinations, unless medically contraindicated by a physician or the employee, the resident, or the resident representative refuses the vaccination.

      (ii) The facility must develop and implement policies and procedures that ensure that:

        (I) before offering the influenza immunization, each resident or resident representative receives education regarding the benefits and potential side effects of the influenza vaccination; and

        (II) the resident's clinical record includes documentation that indicates:

          (-a-) that the resident or the resident representative was provided education regarding the benefits and potential side effects of influenza immunization;

          (-b-) that the resident either received the influenza immunization or did not receive the influenza immunization due to medical contraindications or refusal; and

          (-c-) the date of the receipt or refusal of the annual influenza vaccination.

    (C) Hepatitis B vaccinations for employees. The facility must develop a method to identify employees at risk of directly contacting blood or potentially infectious materials. The facility must offer an employee identified as being at risk of directly contacting blood or potentially infectious materials a hepatitis B vaccine within 10 days of employment. If the employee initially declines the hepatitis B vaccination but at a later date, while still at risk of directly contacting blood or potentially infectious materials, decides to accept the vaccination, the facility must make the vaccination available within 10 days after the employee decides to accept that vaccination.

(f) Linens. Personnel must handle, store, process, and transport linens so as to prevent the spread of infection and in accordance with §554.325 of this chapter (relating to Linen).

(g) The Quality Assessment and Assurance Committee as described in §554.1917 of this chapter (relating to Quality Assessment and Assurance) will monitor the Infection Prevention and Control Program.


Source Note: The provisions of this §554.1601 adopted to be effective May 1, 1995, 20 TexReg 2393; amended to be effective August 1, 2000, 25 TexReg 6779; amended to be effective October 30, 2011, 36 TexReg 7174; amended to be effective June 1, 2012, 37 TexReg 3862; amended to be effective March 24, 2020, 45 TexReg 2025; transferred effective January 15, 2021, as published in the Texas Register December 11, 2020, 45 TexReg 8871; amended to be effective January 2, 2022, 46 TexReg 9037

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