NEW VACCINATION RULES FOR WORKERS

New Vaccination Rules for Healthcare Workers

BY JAMIE M. BOSSUAT, ESQ.

ON AUGUST 5, 2021, THE CALIFORNIA STATE PUBLIC HEALTH OFFICER ISSUED AN ORDER REQUIRING THAT ALL WORKERS PROVIDING NEW REQUIREMENTS FOR VACCINATIONS AND TESTING OF HEALTH CARE WORKERS.

Who is Covered? The Order applies to the following health care facilities: • General Acute Care Hospitals • Skilled Nursing Facilities (including Subacute Facilities) • Intermediate Care Facilities • Acute Psychiatric Hospitals • Adult Day Health Care Centers • Program of All-Inclusive Care for the Elderly (PACE) and

PACE Centers • Ambulatory Surgery Centers • Chemical Dependency Recovery Hospitals • Clinics & Doctor Offices (including behavioral health, surgical) • Congregate Living Health Facilities • Dialysis Centers • Hospice Facilities • Pediatric Day health and Respite Care Facilities • Residential Substance Use Treatment and Mental Health

Treatment Facilities

All workers in these facilities are covered, including both paid and unpaid individuals who work in indoor settings where care is provided to patients or patients have access for any purpose. Workers include, but are not limited to: • Nurses, nursing assistants, and physicians • Technicians, therapists, phlebotomists, and pharmacists • Students and trainees

• Contract staff not directly employed by the healthcare facility • Persons not directly involved in patient care, but who could be exposed to infectious agents such as clerical, dietary, environmental services, laundry, security, engineering, billing, and other personnel or volunteers.

What is Required? All workers must have their first dose of a one-dose regimen or their second dose of a two-dose regimen by September 30, 2021. All COVID-19 vaccines authorized for emergency use by either the U.S. Food and Drug Administration or the World Health Organization meet the requirements.

What Are the Exceptions? Employees who decline the vaccination due to Religious Beliefs or due to a Qualifying Medical Reason may provide the healthcare facility with a declination form stating the basis for their declination.

Employees with a Qualified Medical Reasons exemption must provide their employer a written statement signed by a physician, nurse practitioner, or other licensed medical professional practicing under the license of a physician, stating that the worker qualifies for the exemption and the probable duration of the worker’s inability to receive the vaccine.

All healthcare workers who are exempt due to a properly documented Religious Belief or Qualifying Medical Reason must meet the following requirements when entering a healthcare facility:

• Testing – Workers must receive twice weekly testing for acute health care and long-term care settings and once weekly testing for workers in other healthcare settings.

Testing must be done with either Polymerase Chain

Reaction (PCR) or antigen tests that have an Emergency

Use Authorization (EUA) by the FDA.

• Masks – Workers must wear a surgical mask or higher-level respirator such as an N95 filtering facepiece or respirator at all times while in the facility.

Are There Recordkeeping Requirements? Healthcare facilities must maintain a record of workers’ vaccination status or exemption status. (These must be maintained pursuant to the CDCPH Guidance for Vaccine Records Guidelines and Standards.) For workers who are exempt, the healthcare facility must maintain records of the workers’ testing results.

How Does This Alter the July 26th Order? The July 26th Order remains in effect. However, based upon the August 5th Order, it appears that after September 30th, testing as an alternative to vaccination is no longer available for workers who do not meet the criteria for a religious or medical exemption.