31-7-18. Offer of vaccinations to discharged patients and employees of hospitals.

Prior to discharging any inpatient who is 18 years of age or older, a hospital shall offer the inpatient a vaccination for the influenza virus. Prior to discharging any inpatient who is 65 years of age or older, a hospital shall offer the inpatient a vaccination for pneumococcal disease. Such vaccinations shall be provided in accordance with the recommendations of the federal Centers for Disease Control and Prevention and any applicable rules and regulations of the department, unless contraindicated and contingent on availability of such vaccine. A hospital may offer other patients such vaccinations in accordance with the recommendations of the federal Centers for Disease Control and Prevention and any applicable rules and regulations of the department. The vaccinations may be administered pursuant to a standing order that has been approved by the hospital’s medical staff.#

A hospital shall annually offer to its health care workers and other employees who have direct contact with patients, at no cost, vaccinations for the influenza virus in accordance with the recommendations of the federal Centers for Disease Control and Prevention, subject to availability of the vaccine. A hospital may offer to its health care workers and other employees any other vaccination, test, or prophylactic measure required or recommended by, and in accordance with the recommendations of, the federal Centers for Disease Control and Prevention. All such vaccinations, tests, or prophylactic measures may be offered or administered pursuant to standing orders approved by the hospital’s medical staff to ensure the safety of employees, patients, visitors, and contractors.#

A hospital or health care provider acting in good faith and in accordance with generally accepted health care standards applicable to such hospital or health care provider shall not be subject to administrative, civil, or criminal liability or to discipline for unprofessional conduct for complying with the requirements of this Code section.#

Nothing in this Code section shall restrict or limit the use of standing orders in hospitals for any other lawful purpose.#