Code of Colorado Regulations
1000 - Department of Public Health and Environment
1011 - Health Facilities and Emergency Medical Services Division (1011, 1015 Series)
6 CCR 1011-1 Chapter 02 - GENERAL LICENSURE STANDARDS
Part 11 - INFLUENZA IMMUNIZATION OF EMPLOYEES AND DIRECT CONTRATORS
Universal Citation: 1000 CO Code Regs 11
Current through Register Vol. 47, No. 5, March 10, 2024
11.1 Statutory Authority and Applicability
11.1.1 The statutory
authority for the promulgation of these rules is set forth in sections
25-1.5-102,
25-1.5-103 and
25-3-103, C.R.S.
11.1.2 The requirements of this Part 11 shall
be overseen and enforced by the Department in a manner consistent with Parts
2.10 and 2.11 of this Chapter.
11.2 General Provisions
11.2.1 Licensees and facility or agency
employees and direct contractors have a shared responsibility to prevent the
spread of infection and avoid causing harm to clients by taking reasonable
precautions to prevent the transmission of vaccine-preventable diseases.
Vaccine programs are, therefore, an essential part of infection prevention and
control for slowing or stopping the transmission of seasonal influenza viruses
from adversely affecting those individuals who are most susceptible.
11.2.2 Any employee or direct contractor who
has the potential for exposure to clients of the facility or agency and/or to
infectious materials, including bodily substances, contaminated medical
supplies and equipment, contaminated environmental surfaces, or contaminated
air are subject to this Part 11.
(A) Such
positions that may have the potential for exposure include, but are not limited
to, licensed independent practitioners; students and trainees; individuals who
directly contract with the facility or agency to provide services; home care
personnel; individuals aged 18 or older who are affiliated with the facility or
agency, but do not receive wages or other remuneration from the facility or
agency; and persons not directly involved in client care but potentially
exposed to infectious agents that can be transmitted to and from the individual
providing services and clients of the facility or agency.
11.2.3 Facilities and agencies shall ensure
that ninety percent (90%) of employees and direct contractors have received the
influenza vaccine during a given influenza season. In order to demonstrate that
the ninety percent (90%) rate has been meet, facilities and agencies shall:
(A) By May 15th of every year, report to the
Department, in the form and manner specified by the Department, the vaccination
rate for employees and direct contracts for the most recent influenza
season.
(B) Have defined procedures
to prevent the spread of influenza from unvaccinated healthcare
workers.
(C) Maintain for three (3)
years the following documentation that may be examined by the Department in a
random audit process:
(1) Proof of
immunization, as defined at Part 1.51 of this Chapter.
(2) A medical exemption signed by a
physician, physician assistant, advanced practice nurse, or certified nurse
midwife licensed in the State of Colorado stating that the influenza
vaccination for the employee or direct contractor is medically contraindicated
as described in the product labeling approved by the FDA.
11.2.4 Licensed hospitals,
hospital units, ambulatory surgical centers, and nursing facilities shall
provide or make available an annual influenza vaccine for employees and direct
contractors when the influenza vaccine is readily available.
(A) All other facilities and agencies shall
ensure that employees and direct contractors are offered the opportunity to
receive an annual influenza immunization.
11.3 Requirements for Hospitals, Hospital Units, Ambulatory Surgical Centers, and Nursing Facilities that Fail to Meet Vaccination Rate
11.3.1 Each
licensed hospital, hospital unit, ambulatory surgical center, and nursing
facility that fails to meet the ninety percent (90%) vaccination rate for any
given influenza season shall review its current written policy regarding the
annual influenza immunization of employees and direct contractors to ensure
that it addresses the following criteria, or create a written policy, if none
exists:
(A) Ensuring that the facility or
agency has either of the following for employees and direct contractors:
(1) Proof of immunization, or
(2) A medical exemption signed by a
physician, physician's assistant, advanced practice nurse or certified nurse
midwife licensed in the State of Colorado stating that the influenza
vaccination for that individual is medically contraindicated as described in
the product labeling approved by the FDA.
(B) Ensuring that any employee or direct
contractor who does not have proof of immunization wears a surgical or
procedure mask during influenza season when in direct contact with clients and
in common areas, as specified by the licensee's policy. Such masks shall be in
addition to other standard personal protective equipment.
(C) Ensuring it has established a procedure
to:
(1) Maintain proof of annual immunization
or medical exemption for employees and direct contractors and
(2) Inform other individuals who provide
services on the licensee's premises that are not employees or direct
contractors of the following:
(a) The licensee
has a policy regarding the annual influenza immunization of its employees and
direct contractors;
(b) The
licensee requires each employee and direct contractor who has not been
immunized to wear a mask during influenza season when in direct contact with
clients and in common areas specified by the licensee; and
(c) The licensee has masks available for
those who have not been immunized.
11.4 Requirements for All Other Licensed Facilities and Agencies that Fail to Meet Vaccination Rate
11.4.1 Each licensee, other than
those identified in Part 11.3, above, that fails to meet the ninety percent
(90%) vaccination rate for any given influenza season shall perform an
assessment of the facility or agency to assist in the development of a written
policy regarding influenza transmission from its employees and direct
contractors to clients. The assessment shall, at a minimum, consider the
following criteria:
(A) The number of
employees and direct contractors at the facility or agency;
(B) The number of clients served by the
facility or agency;
(C) Whether the
facility or agency has an ongoing wellness program that offers annual influenza
vaccinations;
(D) Whether influenza
transmission from employees or direct contractors is addressed in the
facility's or agency's infection control policy;
(E) What precautions are taken to prevent the
transmission of influenza from unvaccinated employees or direct contractors;
and
(F) What type of educational
material is utilized by the facility or agency to promote influenza
immunization.
11.4.2
Each licensee that fails to meet the ninety percent (90%) vaccination rate,
other than those identified in 11.3, shall review its current written policy
regarding the annual influenza immunization of employees and direct contractors
to ensure it addresses the following criteria, or create a written policy, if
none exists, that is based on that facility's or agency's attributes and
resources. The policy shall, at a minimum, address the following criteria:
(A) Maintaining records of employees' and
direct contractors' proof of immunization, or medical exemption from
immunization; and
(B) Ensuring that
all of the licensee's employees and direct contractors are provided information
regarding:
(1) The benefits and risks of
influenza immunization;
(2) The
availability of influenza immunization; and
(3) The importance of adhering to standard
precautions.
Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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