BILL REQ. #:  S-3362.2 

Read first time 01/15/10.   Referred to Committee on Health & Long-Term Care.

     AN ACT Relating to vaccination of health care workers; and adding a new section to chapter 70.41 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 70.41 RCW to read as follows:
     (1) Hospitals licensed under this chapter shall adopt a policy that at a minimum:
     (a) Provides influenza vaccination, free of charge, to the hospital's health care workers;
     (b) Requires the hospital's health care workers who indicate they will decline influenza vaccination to participate in an educational program specified by the hospital about the influenza vaccine prior to declining, including the risk posed to health care workers who contract influenza and the risk to patients who may become ill as a result of exposure to health care workers infected with influenza. Such training must be completed within the time frame specified by the hospital;
     (c) Requires the hospital's health care workers to provide annual documentation of immunization for influenza or a signed declination citing medical, religious, or philosophical objections; and
     (d) Requires health care workers to wear a surgical mask or alternative personal protective equipment as determined by the hospital's infection control program when working with patients during influenza season while unvaccinated for influenza.
     (2) For purposes of this section, "health care worker" means an employee, independent contractor, licensee, or other individual who is involved in the delivery of health care services.
     (3) Hospitals shall report to the department, on an annual basis, vaccination rates for all health care workers.
     (4) The secretary may, after consulting with hospitals regarding vaccine supply, suspend the requirements of this section for a period of time, not to exceed one year, if the secretary determines a shortage of vaccine exists such that there would not be enough vaccine to vaccinate health care workers in accordance with this section.
     (5) Nothing in this section prohibits an individual hospital from adopting a stricter policy than that provided for in this section.
     (6) Nothing in this section may be interpreted as a mandate that health care workers be vaccinated for influenza.