State Immunization Laws for Healthcare
Workers and Patients

Immunization Administration Requirements
For State: PA

** 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] Offer[519]
  Pneumococcal[8] Offer[520]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[9] No 
Individual Providers' Patients  Any Immunization[10] Ensure[230]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[11] Yes – (R)[231]
Ambulatory Care Facilities Employees  Any Immunization[12] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[13] No 
Ambulatory Care Facilities Patients  Any Immunization[14] No[521]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[15] No 
Correctional Inmates and Residents  Any Immunization[16] Ensure[232]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[17] No 
Developmentally Disabled Facility Residents  Any Immunization[18] Ensure[233]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[19] No 
  []
[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?

[230] For Pennsylvania requirements, see 28 Pa. Code § 27.99(b), relating to physicians attending, treating or examining pregnant women. 28 Pa. Code § 27.99(b) requires that when a mother tests positive for hepatitis B, a physician shall provide the appropriate prophylactic treatment to the newborn within 12 hours of birth. This is properly characterized as an “ensure” requirement because the statutory language also sets forth exemptions to this requirement, indicating that immunization is mandatory. Also note 24 Pa. Cons. Stat. § 14-1413, relating to the duties of school physicians. 24 Pa. Cons. Stat. § 14-1413 provides that the duties of school physicians include the vaccination of children with indigent parents, and official revaccination of children having temporary vaccination certificates. The statutory language does not indicate under what circumstances a physician is required to administer vaccine, only that it is within the purvey of his duties. In addition, note 35 P.S. § 634.3(b), providing that vaccination for the influenza virus and pneumococcal disease shall also be offered to an eligible person at facilities providing ongoing medical care to the extent possible as determined by the facility. 35 P.S. § 634.2 defines an eligible person as a person 65 years of age or older, and a “facility providing ongoing medical care” as including (among other sites) physician’s offices. However, this does not constitute an offer requirement, as the facility may determine that it is not feasible to offer the vaccine to its patients.

[231] For Pennsylvania, for religious exemptions to the immunization requirements set forth in 28 Pa. Code § 27.99(b), see 28 Pa. Code § 27.99(b), providing that if the parent or guardian of the newborn child objects on the ground that the prophylactic treatment conflicts with the parent or guardian’s religious beliefs or practices, prophylactic treatment shall be withheld, and an entry in the child’s hospital record indicating the reason for withholding treatment shall be made and signed by the attending physician and the parent or guardian.  Top of Page

[232] For Pennsylvania requirements, see 55 Pa. Code § 3800.143(a) and (e), relating to “child residential treatment facilities.” 55 Pa. Code § 3800.143(a) and (e) require child residential treatment facilities to give each child admitted a health exam within 15 days after admission and annually thereafter, or more frequently under certain circumstances. The health exam shall include immunizations as recommended by the American Academy of Pediatrics’ “Guidelines for Healthy Supervision”. “Child residential treatment facilities” are defined as a premises, or part thereof, operated in a 24-hour living setting in which care is provided for one or more children who are not relatives of the facility operator. The definition of “child” includes an individual who is under 21 years of age and who has committed an act of delinquency before reaching the age of 18 and remains under the jurisdiction of the juvenile court. The definitional language of 55 Pa. Code § 3800.143(a) and (e) thus covers juvenile detention facilities.

[233] For Pennsylvania requirements, see 55 Pa. Code § 6400.141(a) and (c), relating to “community homes for individuals with mental retardation,” and 55 Pa. Code § 3800.143(a) and (e), relating to “child residential treatment facilities.” 55 Pa. Code § 6400.141(a) and (c) require that an individual shall have a physical exam prior to admission and annually thereafter, which shall include (1) immunizations for individuals 18 years of age or younger, as recommended by the U.S. Public Health Service, CDC; and (2) immunizations for individuals 17 years of age or younger, as recommended by the Standards of Child Health Care of the American Academy of Pediatrics. 55 Pa. Code § 3800.143(a) and (e) require that child residential treatment facilities give each child admitted a health exam within 15 days after admission and annually thereafter, or more frequently under certain circumstances. The health exam shall include immunizations as recommended by the American Academy of Pediatrics’ “Guidelines for Healthy Supervision”. “Child residential treatment facilities” are defined as a premises, or part thereof, operated in a 24-hour living setting in which care is provided for one or more children who are not relatives of the facility operator. The definition of “child” includes a child who has mental retardation, with a transfer plan to move to an adult setting by 21 years of age. The definitional language of 55 Pa. Code § 3800.143(a) and (e) thus covers residential facilities for the developmentally disabled or mentally retarded.

[519] For Pennsylvania requirements, see 35 P.S. § 634.3(a), providing that when an eligible person is admitted to a hospital for a period of more than 24 hours for a condition unrelated to the influenza virus or pneumococcal disease, he or she shall be informed that a vaccination for the influenza virus and pneumococcal disease is available and provided the opportunity to receive vaccination against the influenza virus and pneumococcal disease prior to discharge from the hospital. 35 P.S. § 634.2 defines an eligible person as a person 65 years of age or older, and defines a hospital as an institution licensed as a hospital pursuant to Chapter 8 of the Health Care Facilities Act. Chapter 8 of the Health Care Facilities Act defines a hospital as an institution having an organized medical staff established for the purpose of providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services for the care of persons who are injured, disabled, pregnant, diseased, sick or mentally ill, or rehabilitation services for the rehabilitation of persons who are injured, disabled, pregnant, diseased, sick or mentally ill. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties, but not facilities caring exclusively for the mentally ill.

[520] For Pennsylvania requirements, see , see 35 P.S. § 634.3(a), providing that when an eligible person is admitted to a hospital for a period of more than 24 hours for a condition unrelated to the influenza virus or pneumococcal disease, he or she shall be informed that a vaccination for the influenza virus and pneumococcal disease is available and provided the opportunity to receive vaccination against the influenza virus and pneumococcal disease prior to discharge from the hospital. 35 P.S. § 634.2 defines an eligible person as a person 65 years of age or older, and defines a hospital as an institution licensed as a hospital pursuant to Chapter 8 of the Health Care Facilities Act. Chapter 8 of the Health Care Facilities Act defines a hospital as an institution having an organized medical staff established for the purpose of providing to inpatients, by or under the supervision of physicians, diagnostic and therapeutic services for the care of persons who are injured, disabled, pregnant, diseased, sick or mentally ill, or rehabilitation services for the rehabilitation of persons who are injured, disabled, pregnant, diseased, sick or mentally ill. The term includes facilities for the diagnosis and treatment of disorders within the scope of specific medical specialties, but not facilities caring exclusively for the mentally ill.  Top of Page

[521] For Pennsylvania, no regulation or statute specifically requires ambulatory care facilities to offer any immunization to their patients. Note, however, 35 P.S. § 634.3(b), providing that vaccination for the influenza virus and pneumococcal disease shall also be offered to an eligible person at facilities providing ongoing medical care to the extent possible as determined by the facility. 35 P.S. § 634.2 defines an eligible person as a person 65 years of age or older, and a “facility providing ongoing medical care” as including (among other sites) hemodialysis centers. However, this does not constitute an offer requirement, as the facility may determine that it is not feasible to offer the vaccine to its patients.

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