Section 140.150 - Requirement for Personnel to Be Vaccinated against Influenza Virus and Coronavirus Disease 2019 (COVID-19) Caused by the Virus SARS-CoV-2(A)Requirement for Personnel to Be Vaccinated against Influenza Virus. (1)Definitions. (a) For purposes of 105 CMR 140.150(A), personnel means an individual or individuals who either work at or come to the licensed clinic site and who are employed by or affiliated with the clinic, whether directly, by contract with another entity, or as an independent contractor, paid or unpaid including, but not limited to, employees, members of the clinical staff, contract employees or staff, students, and volunteers whether or not such individual(s) provides direct patient care.(b) For purposes of 105 CMR 140.150(A), the requirement for influenza vaccine or vaccination means immunization by either influenza vaccine, inactivated or live; attenuated influenza vaccine including seasonal influenza vaccine pursuant to 105 CMR 140.150(A)(2); and/or other influenza vaccine pursuant to 105 CMR 140.150(A)(3).(c) For purposes of 105 CMR 140.150(A), mitigation measures mean measures that personnel who are exempt from vaccination take to prevent viral infection and transmission.(2) Each clinic shall ensure all personnel are vaccinated annually with seasonal influenza vaccine, consistent with any guidelines of the Commissioner, unless an individual is exempt from vaccination in accordance with 105 CMR 140.150(A)(6).(3) Each clinic shall also ensure all personnel are vaccinated against other pandemic or novel influenza virus(es) as specified in guidelines of the Commissioner, unless an individual is exempt from vaccination in accordance with 105 CMR 140.150(A)(6). Such guidelines may specify:(a) the categories of personnel to be vaccinated and the order of priority of vaccination of personnel, with priority for personnel with responsibility for direct patient care;(b) the influenza vaccine(s) to be administered;(c) the dates by which personnel must be vaccinated; and(d) any required reporting and data collection relating to the personnel vaccination requirement of 105 CMR 140.150(A)(3).(4) Each clinic shall provide all personnel with information about the risks and benefits of influenza vaccine.(5) Each clinic shall notify all personnel of the influenza vaccination requirements of 105 CMR 140.150(A) and shall, at no cost to any personnel, provide or arrange for vaccination of all employees who cannot provide proof of current immunization against influenza, as required pursuant to 105 CMR 140.150(A)(2) and (3), unless an individual is exempt from vaccination in accordance with 105 CMR 140.150(A)(6).(6)Exemptions. (a) Subject to the provisions set forth in 105 CMR 140.150 (A)(6)(b), a clinic shall not require an individual to receive an influenza vaccine pursuant to 105 CMR 140.150(A)(2) or (3) if the individual declines the vaccine.(b) For any individual subject to the exemption, a clinic may require such individual take mitigation measures, consistent with guidance from the Department.(c) An individual who is exempt from vaccination shall sign a statement certifying they are exempt from vaccination and they received information about the risks and benefits of the influenza vaccine.(7)Unavailability of Vaccine. A clinic shall not be required to provide or arrange for influenza vaccination during such times that the vaccine is unavailable for purchase, shipment, distribution or administration by a third-party, or when complying with an order of the Commissioner restricts the use of the vaccine. A clinic shall obtain and administer influenza vaccine in accordance with 105 CMR 140.150(A) as soon as vaccine becomes available.(8)Documentation.(a) A clinic shall require and maintain for each individual proof of current vaccination against influenza virus pursuant to 105 CMR 140.150(A) or the individual's exemption statement pursuant to 105 CMR 140.150(A)(6).(b) Each clinic shall maintain a central system to track the vaccination status of all personnel.(c) If a clinic is unable to provide or arrange for influenza vaccination for any individual, it shall document the reasons such vaccination could not be provided or arranged for.(9)Reporting and Data Collection. Each clinic shall report information to the Department documenting the clinic's compliance with the personnel vaccination requirements of 105 CMR 140.150(A), in accordance with reporting and data collection guidelines of the Commissioner.(10)105 CMR 140.150 establishes requirements for influenza vaccination of clinic personnel. Nothing in 105 CMR 140.000 shall be read to prohibit clinics from establishing policies and procedures for influenza vaccination of personnel that exceed the requirements set forth in 105 CMR 140.150.(B)Requirement for Personnel to Be Vaccinated against Coronavirus Disease 2019 (COVID-19) Caused by the Virus SARS-CoV-2.(1)Definitions.(a) For purposes of 105 CMR 140.150(B), personnel means an individual or individuals who either work at or come to the licensed clinic site and who are employed by or affiliated with the clinic, whether directly, by contract with another entity, or as an independent contractor, paid or unpaid including, but not limited to, employees, members of the medical staff, contract employees or staff, students, and volunteers, whether or not such individual(s) provide direct care.(b) For purposes of 105 CMR 140.150(B), COVID-19 vaccination means being up to date with COVID-19 vaccines as recommended by the Centers for Disease Control and Prevention (CDC).(c) For purposes of 105 CMR 140.150(B), mitigation measures mean measures that personnel who are exempt from vaccination take to prevent viral infection and transmission.(2) Each clinic shall ensure all personnel have received COVID-19 vaccination in the timeframe specified in Department guidelines, unless an individual is exempt from vaccination in accordance with 105 CMR 140.150(B)(5).(3) Each clinic shall provide all personnel with information about the risks and benefits of COVID-19 vaccination.(4) Each clinic shall notify all personnel of the COVID-19 vaccination requirements of 105 CMR 140.150(B) and shall, at no cost to any personnel, provide or arrange for vaccination of all personnel who cannot provide proof of current vaccination against COVID-19 unless an individual is exempt from vaccination in accordance with 105 CMR 140.150(B)(5).(5)Exemptions. (a) Subject to the provisions set forth in 105 CMR 140.150(B)(5)(b), a clinic shall not require an individual to receive a COVID-19 vaccine pursuant to 105 CMR 140.150(B)(2) if the individual declines the vaccine.(b) For any individual subject to the exemption, a clinic may require such individual take mitigation measures, consistent with guidance from the Department.(c) An individual who is exempt from vaccination shall sign a statement certifying that they are exempt from vaccination and they received information about the risks and benefits of COVID-19 vaccine.(6)Unavailability of Vaccine. A clinic shall not be required to provide or arrange for COVID-19 vaccination during such times the vaccine is unavailable for purchase, shipment, distribution, or administration by a third-party or when complying with an order of the Commissioner restricting the use of the vaccine. A clinic shall obtain and administer COVID-19 vaccine in accordance with 105 CMR 140.150(B) as soon as vaccine becomes available.(7)Documentation.(a) A clinic shall require and maintain for each individual proof of current vaccination against COVID-19 virus pursuant to 105 CMR 140.150(B), or the individual's exemption statement pursuant to 105 CMR 140.150(B)(5).(b) Each clinic shall maintain a central system to track the vaccination status of all personnel.(c) If a clinic is unable to provide or arrange for COVID-19 vaccination for any individual, it shall document the reasons such vaccination could not be provided or arranged for.(8)Reporting and Data Collection. Each clinic shall report information to the Department documenting the clinic's compliance with the personnel vaccination requirements of 105 CMR 140.150(B), in accordance with reporting and data collection guidelines of the Commissioner.(9)105 CMR 140.150 establishes requirements for COVID-19 vaccination of clinic personnel. Nothing in 105 CMR 140.000 shall be read to prohibit clinics from establishing policies and procedures for COVID-19 vaccination of personnel that exceed the requirements set forth in 105 CMR 140.150.Amended by Mass Register Issue 1443, eff. 5/14/2021.Amended by Mass Register Issue 1505, eff. 9/29/2023.