Utah Admin. Code R432-40-4 - Vaccination Offer and Exemptions

(1)

(a) Each licensee shall offer influenza vaccination to each employee during the current influenza season and COVID-19 vaccination according to ACIP recommendations within three months of becoming eligible.

(b) The licensee shall be deemed to have offered influenza and COVID-19 vaccination if the licensee documents that each employee on staff had the opportunity to receive an influenza and COVID-19 vaccination under their existing health plan coverage.

(c) If the employee does not have health plan coverage for influenza and COVID-19 vaccination, then the licensee shall be deemed to have offered influenza and COVID-19 vaccination if the licensee documents that each employee on staff had the opportunity to receive influenza and COVID-19 vaccination at a cost to the employee that is at or below that charged by their local health department.

(2) Each licensee shall offer to each resident:

(a) influenza vaccination during the current influenza season;

(b) pneumococcal vaccination for those who do not have a record of having received prior pneumococcal vaccination, or are eligible for a subsequent pneumococcal vaccination as recommended by the ACIP within three months of becoming eligible; and

(c) COVID-19 vaccination at the interval recommended by the manufacturer within three months of becoming eligible according to ACIP recommendations.

(3) Each licensee shall document circumstances beyond its control that prevent it from offering vaccinations, including the lack of availability of the vaccine. If the licensee cannot obtain the necessary vaccines, they shall provide documentation and request an alternative plan from the local health department or Utah Department of Health and Human Services (DHHS).

(4) The following are exempt from the influenza, COVID-19, and pneumococcal vaccinations:

(a) a resident, or the resident's responsible person if the resident cannot act for themselves, who has refused the vaccine after having been offered the opportunity to be vaccinated;

(b) an employee who has refused the vaccine after having been offered the opportunity to be vaccinated; or

(c) a resident or employee who has a condition contraindicated for vaccination according to ACIP recommendations for influenza vaccine, COVID-19 vaccine, or pneumococcal vaccine.

(5) For each resident and employee who is not immunized, the licensee shall document in the resident's and employee's file the reason for not becoming immunized.

(a) The licensee shall offer influenza, COVID-19, and pneumococcal vaccinations annually to each resident who has claimed an exemption.

(b) The licensee shall offer influenza and COVID-19 vaccinations annually to each employee who has claimed an exemption.

(c) The licensee shall document the following:

(i) each refusal to receive influenza, COVID-19, and pneumococcal vaccination; and

(ii) each medical contraindication to influenza, COVID-19, and pneumococcal vaccine.

Notes

Utah Admin. Code R432-40-4

Amended by Utah State Bulletin Number 2023-10, effective 5/5/2023 Amended by Utah State Bulletin Number 2024-09, effective 4/15/2024