Maine Releases FINAL Rule for Chapter 264: Immunization Requirements for Healthcare Workers

On November 10, 2021 Maine DHHS and CDC adopted routine technical rule changes amending 10-144 CMR chapter 264, Immunization Requirements for Healthcare Workers. The Department is adding COVID-19 to the list of vaccine preventable diseases for which Designated Healthcare Facility employees must show proof of immunization or provide appropriate exemption documentation pursuant to 22 M.R.S. 802(4-B) or as otherwise required by law. The adopted rule reflects changes made following the public comment period for the proposed rule and these include the removal of EMS organizations and dental practices. The Department clarified the definition of "employee" to include independent contractors but to exclude persons who provide ad hoc, non-healthcare services for a Designated Healthcare Facility and have no potential for direct contact with staff, patients, or visitors. Amendments also clarify exclusion and reporting requirements, update the required dosage for Hepatitis B, clarify that no Proof of Immunization is available for Influenza or COVID-19, and specify the manner in which annual survey data must be reported and the manner in which it may be used by the Department.

MHCA strongly encourages all members to carefully read through the final rule. We will be providing a synopsis of this document shortly. Many of the revisions will not change the processes/policies developed by your homes following the emergency rule release. 

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