Immunization, Testing, and Health Screening for Health Care Workers (216-RICR-20-15-7)

216-RICR-20-15-7 PROPOSED RULE

Title 216 Department of Health
Chapter 20 Community Health
Subchapter 15 Information for Health Care Professionals
Part 7 Immunization, Testing, and Health Screening for Health Care Workers (216-RICR-20-15-7)
Type of Filing Amendment
Regulation Status Proposed
Filing Notice Date 10/04/2023
Filing Hearing Date(s) 11/14/2023
Public Comment Dates 10/04/2023 to 11/20/2023

Regulation Authority:

R.I. Gen. Laws § § 23-1-18
23-17-36
and 23-17.7.1-3

Purpose and Reason:

The Rhode Island Department of Health (“RIDOH”; “The Department”) is proposing to amend “Immunization, Testing, and Health Screening for Health Care Workers” [216-RICR-20-15-7] to update references, revise tuberculosis testing requirements, and update COVID-19 protocols and infection control.

Proposed Amendments Include

§ 7.1
  • Added “and during” to the purpose statement to indicate that screening and testing would occur prior to and also during employment.
  • Added “The Rhode Island Department of Health (RIDOH) recommends vaccination for all healthcare workers as a means of reducing the spread of illness and lessening the effects of these illnesses.”

§ 7.2 – Updated regulatory authority citations

§ 7.3 – 
  • Updated incorporated materials:
    • (C) – Replaced CDC guidelines for tuberculosis to 2019 version
    • (D) – Updated OSHA blood borne pathogen standards to cite the 2019 version
  • Added a reference for “Recommendations of the Advisory Committee on Immunization Practices for Use of a Hepatitis B Vaccine with a Novel Adjuvant.”

§ 7.4
  • (A) – Definitions
    • (8) – Removed “and stations, as defined in R.I. Gen. Laws § 23-16.2-2” from the definition of healthcare facility, as it is no longer applicable.
    • (9) – Removed “that can be transmitted from person to person” from definition of healthcare worker.
    • (11) – Removed definition of “Period in which flu is widespread.”
    • (13) – Added “licensed” and removed “registered nurse” and “licensed practical nurse” from the definition of practitioner.
    • (15) –
      • Added “for COVID vaccination” and “within a reasonable timeframe after it becomes available, in consultation with institutional employee health programs.”
      • Removed “including any booster dose(s)”
§ 7.5
  • (D)
    • Replaced “Transient employees or outside contractors” with “Persons”
    • Replaced “employment” with “their work.”
    • Removed “that can be transmitted from person to person”
  • (E) – Replaced “prescribe” with “require.”
  • (F) – Replaced “discovering” with “diagnosing.”
  • (H) – Added “without any waiting period.”
  • (I) – Removed entire subsection

§ 7.6
  • (A)
    • Changed “each” to “all”
    • Removed “involved in direct patient contact”
  • (C) – Removed “non-employee, contracted”
  • (D) – Replaced “attending patients” with “work.”

§ 7.6.1
  • (A) –
    • Reworded medical exemption requirement for clarity and to include that a practitioner must provide a valid medical exemption.
    • Added “For Hepatitis B, Influenza, and COVID vaccines, the option to decline exists, see §§ 7.6.1(A)(4), (5), and (6) of this Part below.”
    • (1)(a)(2) – Added “past” to requirement of laboratory evidence and replaced “laboratory” with “titer.”
    • (2)(a)((3)) – Added option to cite a provider verification of a history of herpes zoster as an alternative to a varicella vaccine.
    • (4) – Hepatitis B section was moved to subsection 4.
    • §§ (c)(2) and (3) were removed and § (c)(1) was revised to cite the newly incorporated reference.
    • (5)
      • Removed “Annual Seasonal” from the Influenza header.
      • Section was updated and reorganized for clarity. New text was added.
    • (5)(g) – Added “annually” to reporting requirements
    • (5)(g)((4)) and ((5)) – Removed the requirement to report the number of workers who decline the vaccine for personal reasons.
    • (5) – Moved this section to § 7.6.2
    • (6) – Added this section as an updated and expanded version of the former § 7.6.1(B).

§ 7.6.2
  • (A) – Revised requirements for pre-employment testing including replacing PPD tests with TST and BAMT with IGRA.
    • (6) – Revised wording for unusual circumstances that do not meet the criteria as listed.
  • (B) – Reworded and added to section from previous version to update requirements for TB testing.

§ 7.7
  • (B) – Removed “With such documentation, each healthcare facility shall additionally maintain documentary proof of COVID-19 vaccination. Documentation of status and proof of vaccination, including month, day, and year of vaccine administration shall be made available to the Department upon request.”
  • (C) – Added “and testing.”

§§ 7.8 and 7.9 – Removed sections covering Vaccination Refusal and Violations

3

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