State Immunization Laws for Healthcare
Workers and Patients

Immunization Administration Requirements For
Hospital Employees (Hepatitis B)

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

States Hospital Employees Medical (M), Religious (R), or Philosophical (P) Exemptions
AL  No[20] No 
AK  Ensure[510] Yes – (M)[27]
AZ  Offer[30] No 
AR  Offer[34] No 
CA  Offer[41] No 
CO  No  Yes – (M)[567]
CT  Offer[50] No 
DC  No[62] No 
DE  No  No 
FL  No  No 
GA  No[78] No 
HI  Offer[82] No 
ID  No  No 
IL  Offer[84] No 
IN  No  No 
IA  No  No 
KS  No  No 
KY  No  No 
LA  No  No 
ME  Ensure[115] Yes – (M)[119], (R)[120] & (P)[121]
MD  No  Yes – (M)[124] & (R)[125]
MA  No  No 
MI  Offer[134] No 
MN  Offer[138] No 
MS  No  No 
MO  Offer[139] No 
MT  No  No 
NE  No  No 
NH  No  Yes – (M)[148] & (R)[149]
NJ  No  No 
NM  No  No 
NY  Offer[175] Yes – (M)[177]
NV  No[189] No 
NC  No  No 
ND  No  No 
OH  No  No 
OK  Offer[557] No 
OR  Offer[220] No 
PA  No  No 
RI  Offer[234] Yes – (M)[237]
SC  No  No 
SD  Offer[246] No 
TN  No  No 
TX  Offer[256] No 
UT  No  No 
VT  Offer[282] No 
VA  No[285] No 
WA  Offer[290] No 
WV  No  No 
WI  No  No 
WY  No  No 
     
[20] For Alabama, no regulation or statute specifically refers to vaccination against hepatitis B for hospital employees. However, note Ala. Admin. Code r. 420-5-7-.04, requiring each hospital to establish vaccination requirements for employees that are consistent with current recommendations from the Federal Centers for Disease Control and Prevention and the Federal Occupational Safety and Health Administration. These requirements apply only to those facilities covered by Alabama’s definition of a hospital, defined in Ala. Admin. Code r. 420-5-7-.04 as a health institution planned, organized, and maintained for offering to the public generally facilities and beds for use in the diagnosis and/or treatment of illness, disease, injury, deformity, abnormality or pregnancy, when the institution offers such care or service for not less than 24 consecutive hours in any week to 2 or more individuals not related by blood or marriage to the owner and/or chief executive officer/administrator.

[27] For Alaska requirements, see Alaska Admin. Code tit. 7 § 12.650 for medical exemptions to rubella administration requirements set forth in Alaska Admin. Code tit. 7 § 12.650. Alaska Admin. Code tit. 7 § 12.650 provides that immunization requirements may be waived if a physician signs a certificate that there are medical reasons which dictate that an employee should not be vaccinated against rubella.

[30] For Arizona requirements, see Ariz. Admin. Code R20-5-602 and Ariz. Admin. Code R9-6-331, relating to all occupational exposures. Ariz. Admin. Code R20-5-602 and Ariz. Admin. Code R9-6-331 incorporate the requirements of 29 CFR § 1910.1030. 29 CFR § 1910.1030 provides that employers must make available the hepatitis B vaccine and vaccine series to all employees who have occupational exposure. 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.

[34] For Arkansas requirements, see 007 05 CARR 002.18, relating to “hospitals and related facilities.” 007 05 CARR 002.18 provides that there shall be a plan for ensuring that all health care workers who are frequently exposed to blood and other potentially infectious bodily fluids are offered hepatitis B immunization. Note that this requirement applies to those facilities defined as a “hospital or related facility,” as set forth in Ark. Admin. Code § 20-9-201 including (among other facilities) a general, tuberculosis or chronic disease hospital, as well as a related facility, including (among other facilities) central facilities

[41] For California requirements, see Cal. Code Regs. tit. 8, § 5193, relating to all occupational exposures. Cal. Code Regs. tit. 8, § 5193 requires that for all employees with occupational exposure, hepatitis B vaccination shall be made available after the employee has received the training required in subsection (g)(2)(G)9. and within 10 working days of initial assignment to all employees who have occupational exposure unless the employee has previously received the complete hepatitis B vaccination series, antibody testing has revealed that the employee is immune, or the vaccine is contraindicated for medical reasons. If the employee initially declines vaccine but at a later date while still covered under the standard changes their mind, the employer shall make the hepatitis B vaccine available at that time. If a routine booster dose(s) of hepatitis B vaccine is recommended by the U.S. Public Health Service at a future date, such booster dose(s) shall be made available.  Top of Page

[50] For Connecticut requirements, see Regs., Conn. State Agencies § 31-372-101-1910, relating to all occupational exposure to bloodborne pathogens or other potentially infectious materials. Regs., Conn. State Agencies § 31-372-101-1910 adopts by reference Subpart Z of 29 CFR § 1910. Subpart Z requires all employers to make available the hepatitis B vaccine and vaccine series to all employees who have occupational exposure. 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.

[62] For D.C., no regulation or statute specifically refers to vaccination against hepatitis B for hospital employees. However, note 22 DCMR § B2017.10, requiring that immunization against communicable disease shall be required of all employees and all other persons who routinely come into contact with patients or patient areas. This regulation only applies to those institutions meeting the definition of “hospital” set forth in 22 DCMR § 2099.

[78] For Georgia, no statute or regulation requires any hospitals to offer hepatitis B immunization to employees, or ensure that any employees are vaccinated against hepatitis B. However, note Ga. Code Ann. § 31-35-10, requiring that any active emergency medical technician who may be exposed to the hepatitis B virus during a period while such person is engaged in the performance of his/her duties shall, at such person’s request, be vaccinated against hepatitis B. However, this is not an “offer” requirement as immunizations must only be administered upon request. Note also that this requirement does not specify whether the employer must administer immunizations directly.

[82] For Hawaii requirements, see Weil’s Code of Hawaii Rules § 12-205.1, incorporating 29 CFR § 1910.1030 into the Code of Hawaii Rules. 29 CFR § 1910.1030 provides that 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 is made available at no cost to the employee. Additional time, place and manner requirements apply to vaccine administration. If the employee initially declines immunization but changes their mind while still covered under the standard, the employer shall make the hepatitis B vaccine available. If routine booster dose(s) are recommended by the U.S. Public Health Service, the dose(s) shall be made available to the employee free of charge.  Top of Page

[84] For Illinois requirements, see Ill. Admin. Code tit. 56, § 350.280, incorporating the requirements of 29 CFR § 1910.1030 (relating to all occupational exposure to bloodborne pathogens). 29 CFR § 1910.1030 requires employers to make available the hepatitis B vaccine and vaccine series to all employees who have occupational exposure. The employer must 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. Note that these requirements only apply to those institutions covered under the Illinois definition of hospital, as set forth in 210 Ill. Comp. Stat. Ann. § 85/3. 210 Ill. Comp. Stat. Ann. § 85/3 defines a “hospital” as any institution, place, building, or agency, public or private, whether organized for profit or not, devoted primarily to the maintenance and operation of facilities for the diagnosis and treatment or care of 2 or more unrelated persons admitted for overnight stay or longer in order to obtain medical, including obstetric, psychiatric, and nursing, care of illness, disease, injury, infirmity, or deformity. Also, note Ill. Admin. Code tit. 77, § 250.450. While this regulation does not specifically relate to hepatitis B vaccine, it does require more broadly each hospital to establish an employee health program that includes required immunizations. This regulation only applies to those institutions covered by the Illinois definition of hospital set forth in 210 Ill. Comp. Stat. Ann. § 85/3.

[115] For Maine requirements, see Code Me. R. § 10-144-264(2), relating to “Designated Healthcare Facilities.” Code Me. R. § 10-144-264(2) provides that Designated Healthcare Facilities shall require of all employees proof of immunization or documented immunity against rubeola, mumps, rubella, varicella, and hepatitis B. Employees shall present the Designated Healthcare Facility with a Certificate of Immunization from a specified healthcare provider, and which contains certain specified information. Code Me. R. § 10-144-264(2) also provides that, in accordance with 29 CFR § 1910.1030 (effective July 6, 1992), Designated Healthcare Facilities shall make available the hepatitis B vaccine to all healthcare workers who have occupational exposure, at no cost to the employees. No chief administrative officer may permit any employee to be in attendance at work without a certificate of immunization for each disease or other acceptable evidence of immunity to each disease, or documentation of exemption or declination.“Designated Healthcare Facilities” are defined in Code Me. R. § 10-144-264(1) as a licensed nursing facility, residential care facility, intermediate care facility for the mentally retarded, multi-level health care facility, hospital, or home health agency.

[119] For Maine, for medical exemptions to the immunization requirements of Code Me. R. § 10-144-264(2), see Code Me. R. § 10-144-264(3), providing that an employee who does not meet the immunization/immunity requirement may be permitted to attend work where the employee presents to the Designated Healthcare Facility a physician’s written statement that immunization against one or more of these diseases is medically inadvisable. If the statement does not include all the diseases, the employee must meet the immunization/immunity requirements for any diseases not covered by the statement

[120] For Maine, for religious exemptions to the immunization requirements of Code Me. R. § 10-144-264(2), see Code Me. R § 10-144-264(3), providing that an employee who does not meet the immunization/immunity requirement may be permitted to attend work where the employee states in writing an opposition to immunization because of a sincere religious belief or for philosophical reasons.  Top of Page

[121] For Maine, for philosophical exemptions to the immunization requirements of Code Me. R. § 10-144-264(2), see Code Me. R. § 10-144-264(3), providing that an employee who does not meet the immunization/immunity requirement may be permitted to attend work where the employee states in writing an opposition to immunization because of a sincere religious belief or for philosophical reasons.

[124] For Maryland, for medical exemptions to the immunization requirements of MD. Regs. Code tit. 10, § 06.01.12 (regarding rubeola) and MD. Regs. Code tit. 10, § 06.01.15 (regarding rubella), see MD. Regs. Code tit. 10, § 06.01.12 and MD. Regs. Code tit. 10, § 06.01.15. MD. Regs. Code tit. 10, § 06.01.12 and MD. Regs. Code tit. 10, § 06.01.15 provide that a hospital shall grant a medical exemption for any worker who presents a written statement from a licensed physician or a health officer indicating that immunization is medically contraindicated or detrimental to the worker’s health. The statement shall indicate whether the exemption should be permanent or temporary. If the exemption is temporary, the statement shall indicate the date on which the worker is to receive the immunization. A hospital shall withdraw a temporary medical exemption on the day following that date.

[125] For Maryland, for religious exemptions to the immunization requirements of MD. Regs. Code tit. 10, § 06.01.12 (regarding rubeola) and MD. Regs. Code tit. 10, § 06.01.15 (regarding rubella), see MD. Regs. Code tit. 10, § 06.01.12 and MD. Regs. Code tit. 10, § 06.01.15. MD. Regs. Code tit. 10, § 06.01.12 and MD. Regs. Code tit. 10, § 06.01.15 provide that if a worker objects to the immunization on the grounds that it conflicts with the worker’s bona fide religious beliefs and practices, the hospital shall grant a religious exemption.

[134] For Michigan requirements, see Mich. Admin. Code r. 325.70013, requiring that, within a specified time frame, an employer shall make available hepatitis B vaccine to category A employees. If an employee initially declines vaccination, but at a later date, while still covered under these rules, decides to accept hepatitis B vaccine, the employer shall provide the vaccine at the later date. If booster dose(s) are recommended by the United States Public Health Service, they shall be made available. However, if an employee has previously received the complete hepatitis B vaccine series, is found to be immune to hepatitis B virus by adequate antibody titer, or the vaccine is contraindicated for medical reasons, the employer is not required to offer the vaccine to the employee. Category A is defined in Mich. Admin. Code r. 325.70003 as consisting of occupations that require procedures or other occupation-related tasks that involve exposure or reasonably anticipated exposure to blood or other potentially infectious material, or that involves a likelihood for spills or splashes blood or other potentially infectious material.  Top of Page

[138] For Minnesota requirements, see Minn. R. 5205.0010 (2004), which states that the Minnesota Department of Labor and Industry Occupational Safety and Health Codes and rules are amended by incorporating and adopting by reference, and thereby making a part thereof , Title 29 of the Code of Federal Regulations, “Occupational Exposure to Bloodborne Pathogens; Final Rules.” 29 CFR § 1910.1030 provides that 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.

[139] For Missouri requirements, see Mo. Code Regs. Ann. tit. 19, § 20-20.092 (relating to all public employees), incorporating the requirements of 29 CFR § 1910.1030. 29 CFR § 1910.1030 requires employers to 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. The employer shall not make participation in a pre-screening program a prerequisite for receiving hepatitis B vaccination. 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.

[148] For New Hampshire, for medical exemptions to the immunization requirements set forth in N.H. Rev. Stat. Ann. § 151:9-b, see N.H. Rev. Stat. Ann. § 151:9-b, providing for exemptions for medical contraindications.

[149] For New Hampshire, for religious exemptions to the immunization requirements set forth in N.H. Rev. Stat. Ann. § 151:9-b, see N.H. Rev. Stat. Ann. § 151:9-b, providing for exemptions for religious beliefs.  Top of Page

[175] For New York requirements, see N.Y. Comp. Codes R. & Regs. tit. 12, § 800.3, which applies the occupational exposure requirements of 29 CFR § 1910.1030 to employers of public employees. 29 CFR § 1910.1030 requires employers to make available the hepatitis B vaccine and vaccination series to all public employees who have occupational exposure. If the public employee initially declines vaccination but changes their mind while still covered under the standard, the employer shall make available the hepatitis B vaccine. If routine booster dose(s) are recommended by the U.S. Public Health Service, they shall be made available to the employee.

[177] For New York, for medical exemptions to the immunization administration requirements set forth in N.Y. Comp. Codes R. & Regs. tit. 10, § 405.3, see N.Y. Comp. Codes R. & Regs. tit. 10, § 405.3, providing that immunization requirements are inapplicable if one of the practitioners designated at 405.3(10)(iii) certifies that the vaccine is contraindicated. The immunization requirements will be inapplicable until they are no longer found to be detrimental to the employee’s health. Certain additional procedural requirements must be met to obtain this exemption. In addition, N.Y. Comp. Codes R. & Regs. tit. 10, § 66-3.6 states that no personnel shall be required to receive an influenza vaccine if the vaccine is medically contraindicated for that individual.

[189] For Nevada, no statute or regulation requires any hospital to ensure that any employees are vaccinated with hepatitis B vaccine. However, note Nev. Admin. Code ch. 441A, § 550, relating to “medical facilities.” Nev. Admin. Code ch. 441A, § 550 provides that if a case having a disease caused by invasive Haemophilus influenzae type b is in a medical facility where there is a contact less than 2 years of age, each employee of the medical facility shall complete a course of antimicrobial prophylaxis. If a case having a disease caused by invasive Haemophilus influenzae type b is in a medical facility where there is a contact who is less than 2 years of age, and where 2 persons have been diagnosed as having a disease caused by invasive Haemophilus influenzae type b within 60 days, each member of the staff in the medical facility shall complete a course of antimicrobial prophylaxis, unless medically contraindicated, regardless of whether the staff member has received an immunization against Haemophilus influenzae type b.

[220] For Oregon requirements, see Or. Admin. R. 437-002-0360, relating to occupational exposure to bloodborne pathogens. Or. Admin. R. 437-002-0360 adopts by reference the requirements of 29 CFR § 1910.1030, requiring employers to 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. Also note Or. Rev. Stat. § 433.416, providing that an employer of a health care worker at risk of contracting an infectious disease in the course of employment shall provide to the worker preventative immunization for infectious disease if such preventative immunization is available and medically appropriate. Such preventative immunization shall be provided by the employer at no cost to the employee. A worker shall not be required as a condition of employment to be immunized under this section, unless such immunization is otherwise required under state or federal law, rule or regulation.  Top of Page

[234] For Rhode Island requirements, see R23-17-HCW, “Rules and Regulations Pertaining to Immunization, Testing, and Health Screening for Health Care Workers”, promulgated pursuant to the authority conferred under Chapters 23-17 and 23-17.7.1 of the General Laws of Rhode Island and revised in October 2012. R23-17-HCW § 3.5.6 requires health care facilities to abide by the OSHA Blood Borne Pathogens Standard (29 CFR § 1910.1030), including the offering of hepatitis B vaccination to those health care workers at risk. R23-17-HCW § 1.6 defines “health care worker” as any person who is temporarily or permanently employed by or at, or who serves as a volunteer in, or has an employment contract with, a health care facility as defined in § 2.1 of the Regulations, and has or may have direct contact with a patient in that health care facility. R23-17-HCW § 2.1 defines “health care facilities” as including but not limited to hospitals, nursing facilities, rehabilitation centers, kidney disease treatment centers, freestanding emergency care facilities, facilities providing surgical treatment to patients not requiring hospitalization, physician ambulatory surgery centers and podiatry ambulatory surgery centers, among others.

[237] For Rhode Island, for exemptions to the immunization requirements of R23-17-HCW, “Rules and Regulations Pertaining to Immunization, Testing, and Health Screening for Health Care Workers”, promulgated pursuant to the authority conferred under Chapters 23-17 and 23-17.7.1 of the General Laws of Rhode Island and revised in October 2012, see R23-17-HCW § 5.1. R23-17-HCW § 5.1 states that a health care worker shall be exempt from the immunization requirements described in the Regulations provided that a physician, physician assistant, or certified registered nurse practitioner signs a medical exemption stating that the health care worker is exempt from a specific vaccine because of medical reasons, in accordance with the Advisory Committee on Immunization Practices (ACIP) guidelines, and determined as acceptable by the facility. R23-17-HCW § 1.6 defines “health care worker” as any person who is temporarily or permanently employed by or at, or who serves as a volunteer in, or has an employment contract with, a health care facility as defined in § 2.1 of the Regulations, and has or may have direct contact with a patient in that health care facility. R23-17-HCW § 2.1 defines “health care facilities” as including but not limited to hospitals, nursing facilities, rehabilitation centers, kidney disease treatment centers, freestanding emergency care facilities, facilities providing surgical treatment to patients not requiring hospitalization, physician ambulatory surgery centers and podiatry ambulatory surgery centers, among others.

[246] For South Dakota requirements, see S.D. Admin. R. 44:04:02:09, relating to “medical facilities.” S.D. Admin. R. 44:04:02:09 provides that pathogen control must include a written exposure control plan, approved by the facility’s medical director or physician responsible for infection control, that addresses the requirements contained in 29 CFR § 1910.1030. 29 CFR § 1910.1030 requires employers to make available the hepatitis B vaccine and vaccine series to all employees who have occupational exposure. The employer shall not make participation in a prescreening program a prerequisite for receiving hepatitis B vaccination. 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.

[256] For Texas requirements, see 25 Tex. Admin. Code § 96.202, requiring that all publicly owned or financed institutions that provide health services, even if health services are not their primary purpose, shall comply with state and federal laws regarding bloodborne pathogen exposure. The federal OSHA requirement, 29 CFR § 1910.1030, requires that employers make available the hepatitis B vaccine series to all employees who have occupational exposure. If the employee initially declines the vaccine but changes their mind while still covered under the standard, the employer shall make 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.Note also 25 Tex. Admin. Code §1.702, which requires each health care facility to develop, implement, and enforce a policy and procedures to protect its patients from vaccine preventable diseases. The policy must, among other things, require covered individuals to receive vaccines for the vaccine preventable disease specified by the facility based on the level of risk the individual presents to patients by the individuals routine and direct exposure to patients, specify the vaccines a covered individual is required to receive based on the level of risk the individual presents to patients by the individuals routine and direct exposure to patients, and include procedures for verifying whether a covered individual has complied with the policy. The policy must include procedures for covered individuals to be exempt from the required vaccines for medical conditions identified as contraindications or precautions by the federal Centers for Disease Control and Prevention, and may include procedures for exemptions based on reasons of conscience, including a religious belief. 25 Tex. Admin. Code §1.701 defines “health care facility” to include hospitals licensed under Chapter 241 of the Texas Health and Safety Code and hospitals maintained or operated by the state.  Top of Page

[282] For Vermont requirements, see VT. Code R. 13-140-042, relating to occupational exposure. VT. Code R. 13-140-042 incorporates 29 CFR § 1910.1030, providing that 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. 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.

[285] For Virginia, no statute or regulation requires any hospital to ensure that any employees are vaccinated with hepatitis B vaccine. Note, however, 12 Va. Admin. Code § 5-410-490, providing that hospitals shall have an infection control committee to periodically evaluate, and revise as needed, infection control policies, procedures, and techniques for all appropriate phases of hospital operation and service in order to protect patients, employees, and visitors. These policies shall include, but are not limited to, appropriate employee health screening and immunization, among other things.

[290] For Washington requirements, see Wash. Admin. Code § 296-823-13005 and Wash. Admin. Code § 296-823-130, relating to occupational exposure. Wash. Admin. Code § 296-823-13005 provides that employers must ensure that the hepatitis B vaccine series is available to all employees who have occupational exposure and that it is made available at no cost to the employee, the vaccine series is provided in accordance with the recommendations of the United States Public Health Service that are current at the time these evaluations and procedures take place, and the vaccine series is made available to any employee who initially declines the vaccination but later decides to accept while still covered under this chapter. Note that the administration requirements are inapplicable under the following circumstances: (1) the employee has previously received the complete hepatitis B vaccination series; (2) an antibody test has revealed that the employee is immune to hepatitis B; or (3) there are medical reasons not to give the vaccine. Moreover, employers are not required to provide the hepatitis B vaccine series to employees assigned to provide first aid only as a secondary duty, when they make hepatitis B vaccine available to all unvaccinated first-aid providers who render their assistance in any situation involving the presence of blood or other potentially infectious materials. Wash. Admin. Code § 296-823-130 provides that employers must make hepatitis B vaccine available to employees.

[510] For Alaska requirements, see Alaska Admin. Code tit. 7 § 12.650, relating to “facilities and local units of health and social services.” Alaska Admin. Code tit. 7 § 12.650 (2007) requires each facility to have an employee health program that requires evidence of immunization against hepatitis B. Note that these requirements apply only to those facilities identified in the regulation, and not all settings covered by the chart’s definition of hospital. “Facilities and local units” are defined in Alaska Admin. Code tit. 7 § 12.990 as including (among others) the following facilities: general acute care and rural primary care hospitals, critical access hospitals, and specialized hospitals.  Top of Page

[557] For Oklahoma requirements, see Okla. Admin. Code § 310:667-5-4, relating to “employee and/or worker health examinations.” Okla. Admin. Code § 310:667-5-4 provides that hepatitis B vaccine shall be offered consistent with 29 CFR § 1910.1030 (Occupational Exposure to Bloodborne Pathogens.)

[567] For Colorado, for exemptions to the immunization requirements of 6 CCR 1011-1, Chapter 2, Part 10, see 6 CCR 1011-1, Chapter 2 §10.8(A)(2). 6 CCR 1011-1, Chapter 2 §10.8(A)(2) provides that in lieu of proof of immunization, a healthcare worker may have a medical exemption signed by a physician, physician’s assistant, advanced practice nurse or nurse midwife licensed in the State of Colorado stating that influenza vaccination for that individual is medically contraindicated as described in the product labeling approved by the United States Food and Drug Administration. Note also that 6 CCR 1011-1 Chapter 2, §10.6 provides for exemptions to the requirements of Sections 10.7 through 10.12 if a licensed healthcare entity demonstrates that it has vaccinated a targeted percentage of its employees in a given year, using its own methodology, and continues to use the same or more stringent methodology. The minimum targets required for the exemption are 60 percent of employees vaccinated by December 31, 2012; 75 percent of employees vaccinated by December 31, 2013, and 90 percent of employees vaccinated by December 31, 2014 and December 31 of each year thereafter. 6 CCR 1011-1 Chapter 2, §10.5 defines a hospital as a facility licensed and regulated pursuant to 6 CCR 1011-1, Chapter IV, General Hospitals and defines a healthcare worker as any person working in a healthcare entity who has the potential for exposure to patients, residents, or consumers of the healthcare entity and/or to infectious materials, including body substances, contaminated medical supplies and equipment, contaminated environmental surfaces, or contaminated air. The definition of healthcare worker does not include volunteers.

 

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