State Immunization Laws for Healthcare
Workers and Patients

Immunization Administration Requirements
For State: NJ

** 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] Offer[160]
  Varicella[4] No 
  Pneumococcal[5] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[6] No 
Hospital Inpatients  Influenza[7] Offer[161]
  Pneumococcal[8] Offer[162]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[9] No 
Individual Providers' Patients  Any Immunization[10] Ensure[163]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[11] No 
Ambulatory Care Facilities Employees  Any Immunization[12] Offer[164]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[13] No 
Ambulatory Care Facilities Patients  Any Immunization[14] Offer[165]/Ensure[166]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[15] Yes – (M)[167] & (R)[168]
Correctional Inmates and Residents  Any Immunization[16] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[17] No 
Developmentally Disabled Facility Residents  Any Immunization[18] Offer[169]/Ensure[170]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[19] Yes – (M)[171]
  []
[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?

[160] For New Jersey requirements, see N.J. Admin. Code tit. 8, § 8:43G-20.2(g), relating to “hospitals.” N.J. Admin. Code tit. 8, § 8:43G-20.2(g) provides that hospitals must offer rubella and rubeola vaccine to all employees. Note this regulation only applies to those facilities covered by the New Jersey definition of hospital. N.J. Admin. Code tit. 8, § 8.43G defines a hospital as an institution which maintains facilities for the diagnosis, treatment and care of 2 or more unrelated individuals suffering from illness, injury or deformity and where emergency, out-patient, surgical, obstetrical, convalescent or other medical and nursing care is rendered for periods exceeding 24 hours.

[161] For New Jersey requirements, see N.J. Admin. Code tit. 8, § 8:43G-14.6, requiring that between Oct. 1 or earlier where the vaccine is available, and Feb. 1, every patient aged 65 years and older shall be provided the opportunity to receive influenza vaccination in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control in effect at the time of vaccination, incorporated herein by reference. Note this regulation only applies to those facilities covered by the New Jersey definition of hospital. N.J. Admin. Code tit. 8, § 8.43G defines a hospital as an institution which maintains facilities for the diagnosis, treatment and care of 2 or more unrelated individuals suffering from illness, injury or deformity and where emergency, out-patient, surgical, obstetrical, convalescent or other medical and nursing care is rendered for periods exceeding 24 hours.  Top of Page

[162] For New Jersey requirements, see N.J. Admin. Code tit. 8, § 8:43G-14.6, requiring that as soon as medical condition allows, every patient aged 65 years and older shall be given the opportunity to receive pneumococcal vaccination, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control in effect at the time of vaccination, incorporated herein by reference. Note this regulation only applies to those facilities covered by the New Jersey definition of hospital. N.J. Admin. Code tit. 8, § 8.43G defines a hospital as an institution which maintains facilities for the diagnosis, treatment and care of 2 or more unrelated individuals suffering from illness, injury or deformity and where emergency, out-patient, surgical, obstetrical, convalescent or other medical and nursing care is rendered for periods exceeding 24 hours.

[163] For New Jersey requirements, see N.J. Admin. Code tit. 10, § 10:58A-1.4, relating to nurse midwives. N.J. Admin. Code tit. 10, § 10:58-1.4 provides that for all periodic health maintenance examinations for individuals under 21 years of age, the assessment and administration of immunizations appropriate for age and need shall be performed and documented in the beneficiary’s record by the nurse midwife.

[164] For New Jersey requirements, see N.J. Admin. Code tit. 8, § 8:43A-24.6, relating to “chronic dialysis facilities,” N.J. Admin. Code tit. 8, § 8:43F-7.2(a) and N.J. Admin. Code tit. 8, § 8:43F-7.3(c), relating to “adult and pediatric day health services facilities,” and N.J. Admin. Code tit. 8, § 8:43A-14.2, relating to “ambulatory care facilities.” N.J. Admin. Code tit. 8, § 8:43A-24.6 requires facilities which provide chronic dialysis services to comply with OSHA Rule 29 CFR § 1910.1030, incorporated by reference into the New Jersey Administrative Code, as it pertains to hepatitis B vaccine and vaccine series. The OSHA regulation requires 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 available the hepatitis B vaccine. 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. N.J. Admin. Code tit. 8, § 8:43F-7.2(a) requires adult and pediatric day health services facilities to comply with OSHA Rule 29 CFR § 1910.1030, incorporated by reference into the New Jersey Administrative Code, as it pertains to hepatitis B vaccine and vaccine series. “Adult day health services facilities” are defined in N.J. Admin. Code tit. 8, § 8:43F-1.2 as facility or distinct part of a facility licensed by the NJ Department of Health and Senior Services to provide preventative, diagnostic, therapeutic, and rehabilitative services under medical supervision to meet the needs of functionally impaired adult participants who are not related to the members of the governing authority, in a period of time not exceeding 12 hours. “Pediatric day health services facilities” are defined in N.J. Admin. Code tit. 8, § 8:43F-1.2 as a facility which provides additional services in order to provide for the needs of technologically dependent children or medically unstable children and conforms to specified guidelines. N.J. Admin. Code tit. 8, § 8:43F-7.3(c) requires adult and pediatric day health services facilities to offer yearly influenza immunization to employees. N.J. Admin. Code tit. 8, § 8:43A-14.2, relating to “ambulatory care facilities,” incorporates by reference OSHA Rule 29 CFR § 1910.1030, as it pertains to hepatitis B vaccine and vaccine series.

[165] For New Jersey requirements, see N.J. Admin. Code tit. 8, § 8:43A-28.8, relating to “birth centers.” N.J. Admin. Code tit. 8, § 8:43A-28.8 requires birth centers to offer patients with negative rubella titers the rubella vaccine after delivery and prior to discharge. Requirements governing “birth centers” are located in the chapter of the New Jersey Administrative Code setting forth the standards for the licensing of ambulatory care centers, thus identifying “birth centers” as a type of ambulatory care center under New Jersey’s definition of “ambulatory care center.” N.J. Admin. Code tit. 8, § 8:43A-1.3 defines an “ambulatory center” as a health care facility or distinct part of a health care facility in which preventative, diagnostic, and treatment services are provided to persons who come to the facility to receive services and depart from the facility on the same day.  Top of Page

[166] For New Jersey requirements, see N.J. Admin. Code tit. 8, § 8:43F-7.2(c), N.J. Admin. Code tit. 8, § 8:43F-7.2(e), and N.J. Admin. Code tit. 8, § 8:43F-7.2(d), relating to “adult and pediatric day health services facilities.” N.J. Admin. Code tit. 8, § 8:43F-7.2(c) requires adult and pediatric day health services facilities to document evidence of annual vaccination against influenza for each adult participant in accordance with the recommendations of the Advisory Committee on Immunization Practices of the CDC most recent to the time of vaccination, unless medically contraindicated or the patient refuses the offer of the vaccine in accordance with N.J. Admin. Code tit. 8, § 8:43F-4.4(a)3 (allowing patients to refuse to consent to medical treatment). N.J. Admin. Code tit. 8, § 8:43F-7.2(e) requires that each pediatric day health services facility maintain an up-to-date immunization record or documentation that the child is under a prescribed medical program to obtain immunizations in accordance with the provisions of N.J. Admin. Code tit. 8, § 10:122-7.3(a)2iii and 7.3(a)5 and 6, or documentation that the child is under a prescribed medical program to obtain immunizations in accordance with the provisions of N.J. Admin. Code tit. 8, § 8:57-4. N.J. Admin. Code tit. 8, § 10:122-7.3(a)2 provides that for each child not enrolled in a public or private school, the center shall maintain on file at the center an immunization record in accordance with the provisions of N.J. Admin. Code tit. 8, § 8:57-4.6 and 4.7. N.J. Admin. Code tit. 8, § 8:57-4.6 describes documents accepted as evidence of immunization. N.J. Admin. Code tit. 8, § 8:57-4.7 provides that every school, preschool, or child care center shall maintain an official State of New Jersey School Immunization Record for every pupil. This record shall include the date of each immunization and shall be separated from the child's other medical records for purpose of immunization record audit. N.J. Admin. Code tit. 8, § 10:122-7.3(a)5 provides that if immunizations are contraindicated for medical reasons, the center may choose to admit the child, provided that the parent submits to the center a written statement from a health care provider, as specified in N.J. Admin. Code tit. 8, § 8:57-4.3, attesting to the reason the immunization is medically contraindicated, and the specific time period for which the immunization is medically contraindicated. N.J. Admin. Code tit. 8, § 10:122-7.3(a) 6 provides that a child shall be exempted from a physical examination, immunization or medical treatment if the parent objects thereto in a written statement submitted to the center, signed by the parent, explaining how the examination, immunization or medical treatment conflicts with the child's exercise of bona fide religious tenets or practices. N.J. Admin. Code tit. 8, § 8:57-4.10 through 4.17 provide specific schedule for the following diseases: diphtheria, pertussis, tetanus toxoids, polio virus, measles virus, rubella, mumps, Haemophilus influenzae type b, hepatitis B and varicella. N.J. Admin. Code tit. 8, § 8:43F-7.2(d) requires adult and pediatric day health services facilities to document evidence of annual immunization against pneumococcal in accordance with specified CDC recommendations, unless medically contraindicated or the patient refuses the offer of the vaccine in accordance with N.J. Admin. Code tit. 8, § 8:43F-4.4(a)3 (allowing patients to refuse to consent to medical treatment). This provision also requires that the facility shall provide or arrange for immunization against pneumococcal vaccine, unless the participant refuses. “Pediatric day health services facilities” are defined in N.J. Admin. Code tit. 8, § 8:43F-1.2 as a facility which provides additional services in order to provide for the needs of technologically dependent children or medically unstable children and conforms to specified guidelines.

[167] For New Jersey, for medical exemptions to the immunization requirements of N.J. Admin. Code tit. 8, § 8:43F-7.2(c), N.J. Admin. Code tit. 8, § 8:43F-7.2(e), and N.J. Admin. Code tit. 8, § 8:43F-7.2(d), see N.J. Admin. Code tit. 8, § 8:43F-7.2(c), N.J. Admin. Code tit. 8, § 8:43F-7.2(e), and N.J. Admin. Code tit. 8, § 8:43F-7.2(d). N.J. Admin. Code tit. 8, § 8:43F-7.2(c) and N.J. Admin. Code tit. 8, § 8:43F-7.2(d) provide for medical contraindications to immunization requirements. N.J. Admin. Code tit. 8, § 8:43F-7.2(e) provides that a pediatric day health services facility shall maintain an up-to-date immunization record or documentation the child is under a prescribed medical program to obtain immunizations, in accordance with N.J. Admin. Code tit. 8, § 10:122-7.3(a)2iii and 7.3(a)5 and 6, or documentation that the child is under a prescribed medical program to obtain immunizations in accordance with the provisions of N.J. Admin. Code tit. 8, § 8:57-4. N.J. Admin. Code tit. 8, § 10:122-7.3(a) 5 provides that if immunizations are contraindicated for medical reasons, the center may choose to admit the child, provided that the parent submits to the center a written statement from a health care provider, as specified in N.J. Admin. Code tit. 8, § 8:57-4.3, attesting to the reason the immunization is medically contraindicated, and the specific time period for which the immunization is medically contraindicated.

[168] For New Jersey, for religious exemptions to the immunization requirements of N.J. Admin. Code tit. 8, § 8:43F-7.2(e), see N.J. Admin. Code tit. 8, § 8:43F-7.2(e), providing that a pediatric day health services facility shall maintain an up-to-date immunization record or documentation the child is under a prescribed medical program to obtain immunizations, in accordance with N.J. Admin. Code tit. 8, § 10:122-7.3(a)2iii and 7.3(a)5 and 6, or documentation that the child is under a prescribed medical program to obtain immunizations in accordance with the provisions of N.J. Admin. Code tit. 8, § 8:57-4. N.J. Admin. Code tit. 8, § 10:122-7.3(a) 6 provides that a child shall be exempted from a physical examination, immunization or medical treatment if the parent objects thereto in a written statement submitted to the center, signed by the parent, explaining how the examination, immunization or medical treatment conflicts with the child's exercise of bona fide religious tenets or practices.

[169] For New Jersey requirements, see N.J. Admin. Code tit. 10, § 10:48-2.12 and N.J. Admin. Code tit. 10, § 10:48-2.5, relating to “private licensed facilities for persons with developmental disabilities.” N.J. Admin. Code tit. 10, § 10:48-2.12 provides that individuals receiving services in private licensed facilities for the developmentally disabled and developmental centers who are not carriers and who lack natural immunity are offered the hepatitis B vaccine. N.J. Admin. Code tit. 10, § 10:48-2.5 provides that appropriate medical services are required for children receiving services as an admission prerequisite. Note that this is properly characterized as an “offer” requirement based on the language of N.J. Admin. Code tit. 10, § 10:48-2.14, providing that an individual who is competent or the guardian of a minor or incompetent may decline a vaccine offer, after receiving information about the vaccine from the designated staff member.  Top of Page

[170] For New Jersey requirements, see N.J. Admin. Code tit. 10, § 10:47-6.1and N.J. Admin. Code tit. 10, § 10:48-2.14, relating to “private licensed facilities for persons with developmental disabilities.” N.J. Admin. Code tit. 10, § 10:47-6.1 requires private licensed facilities for persons with developmental disabilities to give persons receiving services primary immunizations, as required upon admission, and reimmunizations as recommended on a regular basis for diphtheria, tetanus, pertussis, polio, measles, and other diseases as identified. N.J. Admin. Code tit. 10, § 10:48-2.14 requires that, prior to admission, at least one dose of hepatitis B shall be administered to any individual who has been tested pursuant to the recommendations of the CDC Report Number 50. For emergency admissions where admission occurs before testing and immunization can be initiated, then full hepatitis B vaccination and immunization shall take place as part of the initial admission medical evaluation. Also note N.J. Admin. Code tit. 10, § 10:128-10.16 and N.J. Admin. Code tit. 10, § 10:128-7.2(e), relating to “group homes.” N.J. Admin. Code tit. 10, § 10:128-10.16 requires that the home ensure that all toddlers, infants, and children receive the following childhood immunizations and boosters in accordance with specified recommendations: diphtheria, tetanus, pertussis (DPT) or diphtheria and tetanus toxoids and accellular pertussis (DTaP) vaccine; inactivated poliovirus vaccine (IPV) or all-oral poliovirus vaccine (OPV); measles-mumps-rubella vaccine (MMR); Haemophilus influenzae type b (Hib) vaccine; hepatitis B vaccine; and varicella virus vaccine. N.J. Admin. Code tit. 10, § 10:128-7.2(e) requires that the home ensure all children are appropriately immunized. N.J. Admin. Code tit. 10, § 10:128-1.2 defines “group homes” as any public or private establishment other than foster care that provides board, lodging, care, and treatment services on a 24-hour a day basis to 12 or fewer children in a homelike, community setting. However, the law fails to clarify whether the definition of “group homes” set forth in N.J. Admin. Code tit. 10, § 10:128-1.2 covers residential facilities for the developmentally disabled or mentally retarded.

[171] For New Jersey, for medical exemption to vaccine administration requirements of N.J. Admin. Code tit. 10, § 10:128-10.16, see N.J. Admin. Code tit. 10, § 10:128-10.16, relating to “group homes”, which provides for a medical contraindication exemption to requirements of N.J. Admin. Code tit. 10, § 10:128-10.16.

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