§ 2805-h. Immunizations. 1. Immunizations against poliomyelitis,
mumps, measles, diphtheria and rubella. (a) It shall be the duty of the
administrative officer or other person in charge of each hospital to
inquire of each person in its care under the age of eighteen, or of a
person in parental relation to such person, whether all necessary
immunizations have been received for poliomyelitis, mumps, measles,
diphtheria and rubella and, if not, to make available such immunizations
and a certificate or certificates of such immunizations.

(b) This subdivision shall not apply to children whose parent,
parents, or guardian are bona fide members of a recognized religious
organization whose teachings are contrary to the practices herein
required.

(c) If any physician licensed to practice medicine in this state
certifies that such immunization may be detrimental to a child's health,
the requirements of this section shall be inapplicable until such
immunization is found no longer to be detrimental to the child's health.

2. Immunizations against influenza and pneumococcal for certain
persons sixty-five or older. (a) Annually between September first and
April first, it shall be the duty of the administrative officer or other
person in charge of each general hospital to offer each admitted person
age sixty-five or older vaccination against influenza virus. Such
officer or person need not offer the vaccination to persons who have
already received such vaccine or for whom it is otherwise inappropriate.

(b) It shall be the duty of the administrative officer or other person
in charge of each general hospital to offer vaccination against
pneumococcal disease to each admitted person age sixty-five or older in
the hospital's care. Such officer or person need not offer the
vaccination to people who have already received it, are not in need of a
booster, or for whom it is otherwise inappropriate.

(c) Each general hospital shall adopt an influenza and pneumococcal
immunization policy which shall include, but not be limited to, the
following: procedures for identifying persons age sixty-five or older
and at the discretion of the facility other individuals at risk;
procedures for the offering of immunization against influenza virus,
between September first and April first, and pneumococcal disease upon
admission or discharge to persons age sixty-five or older; procedures
for ensuring that individuals offered immunization or their guardian
receive information regarding the risks and benefits of vaccination; a
standing order policy approved by the medical director or other
appropriate physician which shall include, but not be limited to, an
assessment for contra-indications; and a system for documenting vaccine
administration, medical contra-indications, patient refusals and any
post-vaccination adverse events.

(d) The commissioner may waive the requirements of this subdivision
due to a shortage of influenza and/or pneumococcal vaccine.

3. Immunizations against influenza and Bordetella pertussis; neonatal
intensive care units.

(a) It shall be the duty of each general hospital (i) with a neonatal
intensive care unit to offer, annually between September first and April
first, to every parent or person in parental relation who is reasonably
anticipated to be a caregiver in the household of a newborn being
treated in the neonatal intensive care unit vaccination against
influenza virus; and (ii) having a newborn nursery or providing
obstetric services to offer to every parent, person in parental relation
or other person who is reasonably anticipated to be a caregiver of a
newborn being treated in such hospital vaccination against Bordetella
pertussis (whooping cough). If the parent or person in parental relation
wishes to be vaccinated, the hospital shall provide the person with the
vaccination. If the parent or person in parental relation declines the
hospital offer or wishes to defer vaccination, the hospital shall
provide information on where such person may be vaccinated. Such general
hospital need not offer the vaccination to parents and persons in
parental relation who have already received such vaccine or for whom it
is medically inappropriate.

(b) Each general hospital shall adopt a policy for implementing this
subdivision, documenting the offer of vaccine administration.

(c) The commissioner may waive the requirements of this subdivision
due to a shortage of influenza vaccine.