| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 22 MRSA §802, sub-§4, as enacted by PL 1989, c. 487, §11, is | amended to read: |
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| | 4. Immunization required. Except as otherwise provided under | this subchapter, each hospital in the State and any other health | facility in the State designated by the department, shall require | for all employees born after 1956, either proof of immunization | or serologic evidence of immunity against Rubeola measles and; | Rubella, or German, measles; and hepatitis B. Employees | currently working in the hospital or designated health facility | must meet these standards within 180 days of the effective date | of this subsection by January 1, 2000 and each year thereafter. | The personnel records of each employee born after 1956 shall must | include a copy of the documentation of the vaccine history, | showing month, day and year or the serologic history of immunity. | For purposes of this subsection, "employee" means a person who | performs a service for wages or other remuneration for a hospital | or designated health facility under a contract of hire, written | or oral, expressed or implied. Immunization required by this | subsection does not apply to any employee who: |
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| A. Provides a physician's written statement that | immunization against one or more of the diseases may be | medically inadvisable; or |
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| B. States in writing a sincere religious belief which that | is contrary to the immunization requirement of this | subsection. |
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| | Sec. 2. 22 MRSA §802, sub-§5 is enacted to read: |
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| | 5.__Immunization requirements for nursing home staff.__Except | as otherwise provided under this subchapter, each nursing home or | extended care facility in the State shall require for all | employees proof of immunization against influenza each year.__ | Employees currently working in the nursing home or extended care | facility shall meet these standards by November 1, 1999 and by | November 1st of each year thereafter.__The personnel records of | each employee must include a copy of the documentation of the | vaccine history, showing receipt of appropriate influenza | vaccination for each year. |
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| For purposes of this subsection, "employee" means a person who | performs a service for wages or other remuneration for a nursing | home or extended care facility under a contract of hire, written | or oral, expressed or implied or who volunteers at a nursing home | or extended care facility. |
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