State Immunization Laws for Healthcare
Workers and Patients

Immunization Administration Requirements
For State: DE

** Click on each result to read the abridged text of the state immunization law.

Patient Type Vaccine Requirement
Hospital Employees  Hepatitis B[1] No 
  Influenza[2] No 
  MMR[3] No 
  Varicella[4] No 
  Pneumococcal[5] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[6] No 
Hospital Inpatients  Influenza[7] No 
  Pneumococcal[8] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[9] No 
Individual Providers' Patients  Any Immunization[10] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[11] No 
Ambulatory Care Facilities Employees  Any Immunization[12] Offer[69]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[13] No 
Ambulatory Care Facilities Patients  Any Immunization[14] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[15] No 
Correctional Inmates and Residents  Any Immunization[16] Ensure[70]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[17] Yes – (M)[71]
Developmentally Disabled Facility Residents  Any Immunization[18] Offer[72]/Ensure[73]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[19] Yes – (M)[74]
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[1] Does the jurisdiction require that any hospitals offer hepatitis B vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with hepatitis B vaccine?

[2] Does the jurisdiction require that any hospitals offer influenza vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with influenza vaccine?

[3] Does the jurisdiction require that any hospitals offer measles/mumps/rubella (MMR) vaccine (or any component thereof) to any employees of the hospital, or ensure that any such employees are vaccinated with MMR vaccine?

[4] Does the jurisdiction require that any hospitals offer varicella vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with varicella vaccine?

[5] Does the jurisdiction require that any hospitals offer pneumococcal polysaccharide vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with pneumococcal polysaccharide vaccine?  Top of Page

[6] If any hospitals are required to ensure that any hospital employees are vaccinated with hepatitis B, influenza, MMR, varicella or pneumococcal vaccine, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?

[7] Does the jurisdiction require that any hospitals offer any inpatients of the hospital influenza vaccine, or ensure that any inpatients are vaccinated with influenza vaccine?

[8] Does the jurisdiction require that any hospitals offer any inpatients of the hospital pneumococcal polysaccharide vaccine, or ensure that any inpatients are vaccinated with pneumococcal polysaccharide vaccine?

[9] If any hospitals are required to ensure that any hospital inpatients are vaccinated with influenza or pneumococcal vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[10] Does the jurisdiction require that any individual healthcare providers offer any vaccinations to any patients, or ensure that any patients are vaccinated with any vaccines?

[11] If any individual providers are required to ensure that any of their patients are vaccinated with any vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?

[12] Does the jurisdiction require that any ambulatory care facilities offer any vaccinations to any employees, or ensure that any employees are vaccinated with any vaccines?

[13] If any ambulatory care facilities are required to ensure that any employees are vaccinated with any vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[14] Does the jurisdiction require that any ambulatory care facilities offer any vaccinations to any patients, or ensure that any patients are vaccinated with any vaccines?

[15] If any ambulatory care facilities are required to ensure that any patients are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?

[16] Does the jurisdiction require that any correctional facilities or juvenile detention centers offer any vaccinations to any inmates or juveniles, or ensure that any inmates or juveniles are vaccinated with any vaccines?

[17] If any correctional centers or juvenile detention centers are required to ensure that any inmates or juveniles are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[18] Does the jurisdiction require that any residential facilities for the developmentally disabled or mentally retarded offer any residents any vaccinations, or ensure that any residents are vaccinated with any vaccines?

[19] If any residential facilities for the developmentally disabled or mentally retarded are required to ensure that any residents are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?

[69] For Delaware requirements, see Code Del. Regs. 24-2500 § 14.2.1 and Code Del. Regs. 10-522-001, Regulation XIV, relating to “pharmacists.” Both regulations require the pharmacist to maintain a manual with policies consistent with OSHA ‘Occupational Exposure to Bloodborne Pathogens’ standards. OSHA Standards 29 CFR §1910.1030, as amended and supplemented, is incorporated by reference, and requires the following: Employers must make available the hepatitis B vaccine and vaccine series to all employees who have occupational exposure. The employer shall ensure that the hepatitis B vaccine and vaccination series and follow-up is made available at no cost to the employee. Additional time, place and manner requirements apply to vaccine administration. If the employee initially declines vaccination but changes their mind while still covered under the standard, the employer shall make the hepatitis B vaccine available. If a routine booster dose(s) is recommended by the U.S. Public Health Service, the dose(s) shall be made available to the employee free of charge.

[70] For Delaware requirements, see Code Del. Regs. 9-100-105 § 3.5.2.1 and § 3.5.2.2, relating to “residential child care facilities.” Code Del. Regs. 9-100-105 § 3.5.2.1 and § 3.5.2.2 require residential child care facilities to coordinate with the child’s parent(s), legal guardian, or referring agency for the provision of required immunizations, and to ensure the child is immunized within 30 consecutive calendar days of admission. “Residential child care facilities” are defined in Code Del. Regs. 9-100-105 § 1.3 to include “secure residential facilities”. “Secure residential facilities” are further defined as a residential child care facility that is authorized to use locked doors, both exterior and interior, as the means of preventing a child from leaving the building(s) without authorization.  Top of Page

[71] For Delaware, for medical exemptions to the immunization administration requirements of Code Del. Regs. 9-100-105 § 3.5.2.1 and § 3.5.2.2, relating to “residential child care facilities,” see Code Del. Regs. 9-100-105 § 3.5.2.1 and § 3.5.2.2, which provide that immunization requirements are inapplicable where a statement from a physician stating that the vaccine is medically contraindicated is included in the child’s health record.

[72] For Delaware requirements, see Code Del. Regs. 40-625-301, Part V, relating to all facilities of the Department of Mental Retardation. Code Del. Regs. 40-625-301, Part V requires clients to be protected against contracting communicable disease by the availability of prophylactic immunization.

[73] For Delaware requirements, see Code Del. Regs. 40-625-301, Part V, relating to all facilities of the Department of Mental Retardation. Code Del. Regs. 40-625-301, Part V requires that all facilities have on file evidence of annual vaccination against influenza for all residents as recommended by the Immunization Practice Advisory Committee of the Centers for Disease Control.

[74] For Delaware, for medical exemptions to the influenza immunization requirements set forth in Code Del. Regs. 40-625-301, Part V, relating to all facilities of the Department of Mental Retardation, see Code Del. Regs. 40-625-301, Part V, providing that such requirements are inapplicable where medically contraindicated.  Top of Page

Disclaimer: The purpose of this database is to provide researchers, policymakers, and state and local public health practitioners with descriptive information concerning state immunization-related law. No part of this legal analysis involves providing legal advice or answering specific questions of law on behalf of any person or organization.

 

Page last reviewed: November 19, 2014