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Changes current law that allows people who work in resident institutions to refuse flu shots

Location: MD
Title: Changes current law that allows people who work in resident institutions to refuse flu shots
Identifier: SB 597
Stance: WATCH
Action Required: None at this time
Status: Passed the senate, failed to move out of the house committee, died

Description:

SB 567 failed to move out of the House Health and Government Operations Committee so the bill died. 

UPDATE: SB 567 is scheduled for a hearing on 3/31/2015 at 1:00 in the House Health and Government Operations Committee. 

UPDATE: 3/20/2015 - SB 567 passed the full senate on 3/20/15 by a vote of 37 yes and 9 no. The bill will now go over to the house. The bill was amended to keep the religious exemption for employees. The bill needs to be watched for amendments in the house. 

http://mgaleg.maryland.gov/2015RS/bills/sb/sb0597t.pdf - text of amended version passed by the full senate

SB 567 was amended and passed by the Senate Education, Health and Environmental Affairs Committee on 3/13/2015 by a vote of 7 yes and 4 no. 

http://mgaleg.maryland.gov/2015RS/amds/bil_0007/sb0597_95403901.pdf - Amendment to SB 597

http://mgaleg.maryland.gov/2015RS/votes_comm/sb0597_ehe.pdf - committee vote

UPDATE: 3/9/2015 - SB 597 was heard in the Senate Education, Health, and Environmental Affairs Committee and is still in that committee. 

http://mgaleg.maryland.gov/webmga/frmMain.aspx?pid=cmtepage&tab=subject7&id=ehe&stab=01 - committee information

SB 597 was introduced on 2/6/2015 and assigned to the Education, Health, and Environmental Affairs Committee. The bill is by the request of the Department of Health and Mental Hygiene. 

This bill removes the current law that allows residents and employees of a resident institution to refuse flu vaccines after being fully informed by the related institution of the health risks associated with not receiving a vaccine and replaces it with new language that states related institutions "may" permit residents or employees to refuse flu vaccines after being fully informed of the health risks of not receiving a vaccine.

When a law is written using the word "may" it means they can, but they do not have to. 

Law being removed:

[; or
 (3) After being fully informed by the related institution of the health risks
 associated with not receiving a vaccine, the resident or employee refuses the vaccine]. 

New Law: 

(2) A RELATED INSTITUTION MAY PERMIT A RESIDENT OR AN
16 EMPLOYEE TO REFUSE TO RECEIVE A VACCINE UNDER THIS SECTION AFTER BEING
17 FULLY INFORMED BY THE RELATED INSTITUTION OF THE HEALTH RISKS
18 ASSOCIATED WITH NOT RECEIVING THE VACCINE.

 http://mgaleg.maryland.gov/2015RS/bills/sb/sb0597F.pdf - text of SB 597

http://mgaleg.maryland.gov/webmga/frmMain.aspx?id=sb0597&stab=01&pid=billpage&tab=subject3&ys=2015RS - status and history for SB 597

http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?pid=&tab=subject5&stab=&ys=2015RS&article=ghg§ion=18-404&ext=html&session=2015RS - current law 

"Related institution" is defined as an organized institution, environment, or home that:

                  (i)      Maintains conditions or facilities and equipment to provide domiciliary, personal, or nursing care for 2 or more unrelated individuals who are dependent on the administrator, operator, or proprietor for nursing care or the subsistence of daily living in a safe, sanitary, and healthful environment; and

                  (ii)      Admits or retains the individuals for overnight care.

            (2)      "Related institution" does not include a nursing facility or visiting nurse service that is conducted only by or for adherents of a bona fide church or religious organization, in accordance with tenets and practices that include reliance on treatment by spiritual means alone for healing.