CHAPTER 185
H.P. 1044 - L.D. 1401
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §802, sub-§4, as amended by PL 1999, c. 378, §1, is repealed.
Sec. 2. 22 MRSA §802, sub-§§4-A and 4-B are enacted to read:
4-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Designated health care facility" means a licensed nursing facility, residential care facility, intermediate care facility for the mentally retarded, multi-level health care facility, hospital or home health agency.
B. "Disease" means one of those conditions enumerated in rules adopted by the department that may be preventable by an immunizing agent.
C. "Employee" means any person who performs a service for wages or other remuneration for a designated health care facility.
D. "Immunizing agent" means a vaccine, antitoxin or other substance used to increase an individual's immunity to a disease.
4-B. Exemptions to immunization. Employees are exempt from immunization otherwise required by this subchapter or by rules adopted by the department pursuant to this section under the following circumstances.
A. A medical exemption is available to an employee who provides a physician's written statement that immunization against one or more diseases may be medically inadvisable.
B. A religious or philosophical exemption is available to an employee who states in writing a sincere religious or philosophical belief that is contrary to the immunization requirement of this subchapter.
C. An exemption is available to an individual who declines hepatitis B vaccine, as provided for by the relevant law and regulations of the federal Department of Labor, Occupational Health and Safety Administration.
Sec. 3. Rulemaking. Rules adopted by the Department of Human Services pursuant to this Act are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. Rules adopted pursuant to this Act must be consistent with the requirements of the federal Department of Labor, Occupational Health and Safety Administration.
Effective September 21, 2001, unless otherwise indicated.
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