Arkansas Administrative Code › Agency 007 - ARKANSAS DEPARTMENT OF HEALTH › Division 15 - Health Maintenance/Epidemiology › Rule 007.15.00-004 - Rules and Regulations for Nursing Home Resident and Employee Immunization Law

Current through Register Vol. 49, No. 6, June, 2024
RULES AND REGULATIONS PERTAINING TO THE NURSING HOME
				RESIDENT AND EMPLOYEE IMMUNIZATION LAW PURSUANT TO
ACT 1524 OF 1999
equiremen
All nursing home facilities shall require all residents and
				full or part-time employees to be immunized against influenza disease.
				Additionally, all residents shall be immunized against pneumococcal disease as
				a condition of residency in said facility.
1.
Employees
Any individual who is employed or accepts employment at any
				nursing home facility, as a condition of employment, must agree to receive an
				annual influenza immunization. Employees may be exempt, if they qualify for
				medical or religious reasons. (See Exemptions)
2. Residents
Residents, or their responsible parties, have the right to
				refuse medical Treatment, including immunizations, for the resident. Refusal
				must be in writing and be on file in resident's permanent record.
Exemptions
: Employees
1. Medical
Only a letter issued by the MEDICAL DIRECTOR, DIVISION OF
				COMMUNICABLE DISEASE/IMMUNIZATION, stating the vaccine or vaccines for which an
				individual is exempt is to be accepted as a valid medical exemption by the
				Nursing Home. Statements from a private physician are not to be accepted by the
				Nursing Home
without
this letter.
2. Religious
The Arkansas Department of Health's standard form for religious
				ex-exemptions must be submitted to the Division of Communicable
				Disease/Immunization. A notarized statement is required from a Pastor or church
				official that the individual is a member or adherent of a recognized church or
				religious denomination whose tenets are opposed to immunization.
Requests for religious exemption forms or inquiries about
				exemptions should be forwarded to the Division of Communicable
				Disease/Immunization, Slot 48, 4815 W. Markham, Little Rock, AR 72205, or call
				(501) 661-2169.
Documentation
:
Permission to administer influenza and pneumococcal vaccine to
				the residents is the responsibility of each nursing home and must be initiated
				during admission to the facility. Consent must be in writing and signed by
				either the resident and/or responsible party. The signed permission slip shall
				be kept in the resident's permanent record. Nursing homes must maintain a
				current log or list of residents and employees in their facility and document
				that each has been immunized. The log must include, at a minimum, the
				individual's name, date of birth, type of vaccine and date administered.
				Additionally, the reason or reasons vaccine were not administered to any
				resident or employee must be documented on the log or list. A copy of this log
				must be submitted to the Office of Long-Term Care by December 1, of each year.
				Nursing homes are required to retain a copy of the log for a period of fifteen
				(15) months from the date of submission to the Office of Long-Term Care. These
				log forms may be obtained from the Arkansas Department of Health by calling
				501-661-2169.
The Office of Long-Term Care will monitor and enforce the rules
				and regulations to assure compliance with the law. Any nursing home which does
				not enforce the provisions of this act will be in violation of Ark. Code Ann.
				§
									20-10-205
				and 206 and will be subject to the punishment set down in Ark. Code Ann. §
									20-10-206 for
				that violation. Cited facilities may appeal any imposed sanctions following the
				process as set forth in Ark. Code Ann. §
									20-10-208.
Responsibilities and
				Implementation
The Arkansas Department of Health shall provide sufficient
				quantities of vaccine, supplies, and the staff necessary to immunize the
				residents and staff members in all nursing home facilities. Area Health Office
				or local health unit staff members will co-ordinate immunization activities
				with nursing home staff members to assure that all residents and employees
				receive all required doses of vaccine.
CERTIFICATION
This is to certify that the foregoing Rules and Regulations for
				the Immunization Requirements for Nursing Home Residents and Employees in
				Arkansas were adopted by the Arkansas State
Board of Health at a regular session of said Board held in
				Little Rock, Arkansas on the 27 day of July, 2000.