Arkansas Administrative Code
Agency 007 - Arkansas Department of Health
Division 15 - Health Maintenance/Epidemiology
Rule 007.15.00-004 - Rules and Regulations for Nursing Home Resident and Employee Immunization Law

1. Employees

Any individual who is employed or accepts employment at any nursing home facility, as a condition of employment, must agree to receive an annual influenza immunization. Employees may be exempt, if they qualify for medical or religious reasons. (See Exemptions)

2. Residents

Residents, or their responsible parties, have the right to refuse medical Treatment, including immunizations, for the resident. Refusal must be in writing and be on file in resident's permanent record.

Exemptions: Employees

1. Medical

Only a letter issued by the MEDICAL DIRECTOR, DIVISION OF COMMUNICABLE DISEASE/IMMUNIZATION, stating the vaccine or vaccines for which an individual is exempt is to be accepted as a valid medical exemption by the Nursing Home. Statements from a private physician are not to be accepted by the Nursing Home without this letter.

2. Religious

The Arkansas Department of Health's standard form for religious ex-exemptions must be submitted to the Division of Communicable Disease/Immunization. A notarized statement is required from a Pastor or church official that the individual is a member or adherent of a recognized church or religious denomination whose tenets are opposed to immunization.

Requests for religious exemption forms or inquiries about exemptions should be forwarded to the Division of Communicable Disease/Immunization, Slot 48, 4815 W. Markham, Little Rock, AR 72205, or call (501) 661-2169.

Documentation:

Permission to administer influenza and pneumococcal vaccine to the residents is the responsibility of each nursing home and must be initiated during admission to the facility. Consent must be in writing and signed by either the resident and/or responsible party. The signed permission slip shall be kept in the resident's permanent record. Nursing homes must maintain a current log or list of residents and employees in their facility and document that each has been immunized. The log must include, at a minimum, the individual's name, date of birth, type of vaccine and date administered. Additionally, the reason or reasons vaccine were not administered to any resident or employee must be documented on the log or list. A copy of this log must be submitted to the Office of Long-Term Care by December 1, of each year. Nursing homes are required to retain a copy of the log for a period of fifteen (15) months from the date of submission to the Office of Long-Term Care. These log forms may be obtained from the Arkansas Department of Health by calling 501-661-2169.

The Office of Long-Term Care will monitor and enforce the rules and regulations to assure compliance with the law. Any nursing home which does not enforce the provisions of this act will be in violation of Ark. Code Ann. § 20-10-205 and 206 and will be subject to the punishment set down in Ark. Code Ann. § 20-10-206 for that violation. Cited facilities may appeal any imposed sanctions following the process as set forth in Ark. Code Ann. § 20-10-208.

Responsibilities and Implementation

The Arkansas Department of Health shall provide sufficient quantities of vaccine, supplies, and the staff necessary to immunize the residents and staff members in all nursing home facilities. Area Health Office or local health unit staff members will co-ordinate immunization activities with nursing home staff members to assure that all residents and employees receive all required doses of vaccine.

CERTIFICATION

This is to certify that the foregoing Rules and Regulations for the Immunization Requirements for Nursing Home Residents and Employees in Arkansas were adopted by the Arkansas State

Board of Health at a regular session of said Board held in Little Rock, Arkansas on the 27 day of July, 2000.