76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2499
 
                         Senate Bill 199
 
Sponsored by Senator BATES (Presession filed.)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires certain employers to offer annual vaccinations at no
cost to health care employees and to require vaccinations as
condition of employment. Provides exemptions. Authorizes Oregon
Patient Safety Commission to adopt rules necessary for
administration of provisions.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to immunization of health care workers; creating new
  provisions; amending ORS 433.416; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) For purposes of this section:
  (a) 'Employer' means:
  (A) An entity that employs at least 25 persons; or
  (B) A health care facility.
  (b) 'Health care employee' means:
  (A) A licensed health care professional employed by an
employer; or
  (B) A person employed by an employer to work in a health care
facility.
  (c) 'Health care facility' has the meaning given that term in
ORS 442.015.
  (d) 'Licensed health care professional' means an individual
licensed by:
  (A) A health professional regulatory board, as defined in ORS
676.160; or
  (B) The Oregon Health Licensing Agency to practice denture
technology under ORS 680.500 to 680.565, direct entry midwifery
under ORS 687.405 to 687.495 or respiratory care under ORS
688.800 to 688.840.
  (e) 'Required vaccinations' means vaccinations against the
following diseases:
  (A) Influenza;
  (B) Varicella zoster;
  (C) Pertussis;
  (D) Hepatitis B;
  (E) Measles;
  (F) Mumps; and
  (G) Rubella.
 
 
  (2)(a) An employer shall offer required vaccinations annually
to health care employees. The employer shall provide the required
vaccinations at no cost to the health care employee.
  (b) An employer shall require, as a condition of employment,
each health care employee employed by the employer to provide,
for each required vaccination:
  (A) Documentation showing that:
  (i) The health care employee has received the required
vaccination within the time recommended by the Centers for
Disease Control and Prevention; or
  (ii) The health care employee is immune to the disease;
  (B) A statement signed by a physician or a representative of
the local health department that the health care employee should
be exempted from receiving the required vaccination because of
indicated medical diagnosis; or
  (C) A statement signed by the health care employee that the
health care employee has not received the required vaccination
because the health care employee is an adherent to a religion the
teachings of which are opposed to the vaccination.
  (3) The Oregon Patient Safety Commission may adopt rules
necessary for the administration of this section. + }
  SECTION 2. ORS 433.416 is amended to read:
  433.416. (1) An employer of a health care worker at risk of
contracting an infectious disease in the course of employment
shall provide to the worker preventive immunization for
infectious disease if such preventive immunization is available
and is medically appropriate.
  (2) Such preventive immunization shall be provided by the
employer at no cost to the worker.
  (3)  { + Except as provided in section 1 of this 2011 Act or as
otherwise required by federal or state law, rule or
regulation, + } a worker   { - shall - }  { +  may + } not be
required as a condition of work to be immunized under this
section  { - , unless such immunization is otherwise required by
federal or state law, rule or regulation - } .
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
                         ----------