State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-113

§ 131E‑113. Immunization of employees and residents.

(a)        Except as providedin subsection (e) of this section, a nursing home licensed under this Partshall require residents and employees to be immunized against influenza virusand shall require residents to also be immunized against pneumococcal disease.

(b)        Upon admission, anursing home shall notify the resident of the immunization requirements of thissection and shall request that the resident agree to be immunized againstinfluenza virus and pneumococcal disease.

(b1)      A nursing home shallnotify every employee of the immunization requirements of this section andshall request that the employee agree to be immunized against influenza virus.

(c)        A nursing homeshall document the annual immunization against influenza virus and theimmunization against pneumococcal disease for each resident and each employee,as required under this section. Upon finding that a resident is lacking one orboth of these immunizations or that an employee has not been immunized againstinfluenza virus, or if the nursing home is unable to verify that the individualhas received the required immunization, the nursing home shall provide orarrange for immunization. The immunization and documentation required shalloccur not later than November 30 of each year.

(d)        For an individualwho becomes a resident of or who is newly employed by the nursing home afterNovember 30 but before March 30 of the following year, the nursing home shalldetermine the individual's status for the immunizations required under thissection, and if found to be deficient, the nursing home shall provide theimmunization.

(e)        No individual shallbe required to receive vaccine under this section if the vaccine is medicallycontraindicated, or if the vaccine is against the individual's religiousbeliefs, or if the individual refuses the vaccine after being fully informed ofthe health risks of not being immunized.

(f)         Notwithstandingany other provision of law to the contrary, the Commission for Public Healthshall have the authority to adopt rules to implement the immunizationrequirements of this section.

(g)        As used in thissection, "employee" means an individual who is a part‑time orfull‑time employee of the nursing home. (2000‑112, ss. 3, 4; 2007‑182, s. 1.3.)