Current through Register 1518, March 29, 2024
(1)
(a)
Staff at state-operated hospitals, including hospitals operated by the
Department of Public Health and the Department of Mental Health, are required
to demonstrate that they have received COVID-19 vaccination unless the
exception in
101
CMR 23.04(5) applies.
(b) Staff at state-operated
hospitals, including hospitals operated by the Department of Public Health and
the Department of Mental Health, are required to demonstrate that they have
received the Influenza vaccination unless the exception in
101
CMR 23.04(5)
applies.
(2)
(a) Staff at state-operated congregate care
facilities, including those operated by the Department of Mental Health, the
Department of Developmental Services, and the Department of Youth Services, are
required to demonstrate that they have received COVID-19 vaccination unless the
exception in
101
CMR 23.04(5)
applies.
(b) Staff at
state-operated congregate care facilities, including those operated by the
Department of Mental Health, the Department of Developmental Services, and the
Department of Youth Services, are required to demonstrate that they have
received the Influenza vaccination unless the exception in
101
CMR 23.04(5)
applies.
(3)
Staff Subject to Vaccination Requirement. The
following staff are required to document they have obtained COVID-19
vaccination and Influenza vaccination in accordance with implementation
guidance issued by EOHHS: all staff regularly reporting, whether part-time or
full-time, paid or unpaid, working, interning, or volunteering who physically
enter onsite at the agency facility or location, whether or not they have the
potential for exposure to patients, residents, clients, or the public, or to
infectious materials, including body substances, contaminated medical supplies
and equipment, contaminated environmental surfaces, or contaminated air. For
illustrative purposes, this includes
(a) staff
who physically enter on site at an agency facility or location and who are
potentially exposed to infectious agents that can be transmitted to and from
staff and patients or residents, including, but not limited to, direct care
staff, clinicians, physicians, nurses, nursing assistants, therapists,
technicians, dental personnel, pharmacists, laboratory personnel, students and
trainees, and contractual personnel; and
(b) staff not directly involved in patient or
resident care who physically enter on site at an agency facility or location,
whether or not such staff may be potentially exposed to infectious agents that
can be transmitted to and from staff and patients or residents (such as
administrative, clerical, dietary, housekeeping, human resources, laundry,
security, maintenance, or billing staff; chaplains; contractual personnel;
volunteers; or any other individual physically entering and working on site at
the facility or location).
(4)
Staff Not Subject to the
COVID-19 Vaccination and Influenza Vaccination Requirement. Staff
on leave, such as family medical leave, are not subject to the COVID-19
vaccination and Influenza vaccination requirement in
101
CMR 23.04.
(5)
Staff Subject to an Exception
from the COVID-19 Vaccination and Influenza Vaccination
Requirement.
(a) Staff may
decline vaccination and will be granted an exception from the COVID-19
vaccination and Influenza vaccination requirement in
101
CMR 23.04, subject to
101
CMR 23.04(5)(c).
(b) While the expectation is for all staff to
receive the COVID-19 vaccination and the Influenza vaccination, any individual
who declines to do so is required to take mitigation measures mandated by
EOHHS, consistent with guidance from the Department of Public Health.
(c) An individual who declines the
vaccination(s) must sign a statement(s) certifying they declined the
vaccination(s) and they received information about the risks of declining the
vaccination(s).
(6)
Documents Necessary to Demonstrate Compliance with the COVID-19
Vaccination and Influenza Vaccination Requirement.
(a) A copy of a completed COVID-19
vaccination and Influenza vaccination record card, subject to verification by
the Department of Public Health; or
(b) A copy of the staff member's COVID-19
vaccination and Influenza vaccination status from the Massachusetts
Immunization Information System (MIIS); or
(c) A copy of the staff member's COVID-19
vaccination and Influenza vaccination record from their medical records;
or
(d) A copy of the staff member's
vaccination declinations.
(7)
Documentation Collection and
Reporting.
(a) Every facility
must require and maintain for each individual proof of current vaccination
against COVID-19 and influenza or the individual's declination
statement.
(b) Each facility must
report information regarding vaccination of staff pursuant to Executive Office
of Health and Human Services guidelines.
(8)
Failure to Comply with the
COVID-19 Vaccination and Influenza Vaccination Requirements.
Agency staff who fail to comply with the vaccination requirements, or required
mitigation measures, will be subject to discipline, up to and including
termination. Contracted staff who fail to comply with the vaccination
requirements, or mitigation measures, will not be permitted to work at the
agency facility or location.
