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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-385 SO AS TO REQUIRE LONG-TERM CARE FACILITIES TO ADMINISTER VACCINATIONS AGAINST INFLUENZA TO RESIDENTS ANNUALLY IN ACCORDANCE WITH RECOMMENDATIONS OF THE CENTERS FOR DISEASE CONTROL AND WITH PROVISIONS OF THIS SECTION, TO PROVIDE EXCEPTIONS, AND TO DEFINE LONG-TERM CARE FACILITIES AS AN INTERMEDIATE CARE FACILITY, NURSING HOME, OR COMMUNITY RESIDENTIAL CARE FACILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-385. (A) Annually a long-term care facility shall administer a vaccination against influenza to each resident of the facility sixty-five years of age or older in accordance with the most current recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention in effect at the time of the vaccination.
(B) The influenza vaccinations must be completed before December 1 of each year, or as soon as practicable if vaccine supplies are not available before November 1. Residents admitted from December 1 through January 31 shall, as medically appropriate, receive an influenza vaccination prior to or upon admission or as soon as practicable if vaccine supplies are not available at the time of admission.
(C) Subsections (A) and (B) do not apply if a vaccination is medically contraindicated or if the resident refuses the vaccine.
(D) If the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention determines that dates of administration other than those stated in this section are optimal to protect the health of residents, the department is authorized to develop procedures to mandate vaccinations at those times rather than the times stated in this section. A facility shall document in the resident's medical record that an annual vaccination against influenza was administered, refused, or medically contraindicated.
(E) For purposes of this section, 'long-term care facility' means an intermediate care facility, nursing home, or community residential care facility subject to regulation and licensure by the Department of Health and Environmental Control."
SECTION 2. This act takes effect upon approval by the Governor.
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