{"id":"ME-061","kind":"order","level":"sector-regulator","jurisdiction":"Maine","state":"ME","metro":"","industry":"","agency":"","eco":"","issuer":"Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention","authority":"22 M.R.S. §§ 802(1), (3), 802(1)(D); 5 M.R.S. § 8054 (emergency rule)","instrument":"10-144 C.M.R. ch. 264, Immunization Requirements for Healthcare Workers, emergency routine technical rule, filing 2021-166","title":"Immunization Requirements for Healthcare Workers (emergency rule adding COVID-19)","dateIssued":"2021-08-12","effective":"2021-08-12 (final dose required by 2021-09-17; enforcement announced for 2021-10-29)","end":"Emergency rule 90 days; adopted as a permanent rule thereafter (post-period)","startDate":"2021-08-12","endDate":"2021-09-30","quarters":["2021Q3"],"types":["VAX","HC","EMP"],"addressees":["every Designated Healthcare Facility (licensed nursing facility, residential care facility, ICF/IID, multi-level healthcare facility, hospital, home health agency)","EMS organizations","dental health practices","their employees and independent contractors"],"clause":"This rule requires employees of Designated Health Care Facilities, Dental Health Practices, and EMS Organizations to become immunized to COVID-19.... G. Employee means any person who performs any service for wages or other remuneration for a Designated Healthcare Facility, EMS Organization or Dental Health Practice. For purposes of this rule, independent contractors for any of the listed facilities in this definition are considered employees.... A. Except as otherwise provided by law, each Designated Healthcare Facility in the State of Maine must require for all employees proof of immunization or documented immunity against:... 7. COVID-19. B. Each EMS organization and Dental Health Practice must require for all employees a Certificate of Immunization against COVID-19.... 7. COVID-19: The number of recommended doses shall be in accordance with the COVID-19 immunization manufacturer\u0027s Emergency Use Authorization or labelling. All employees of Designated Healthcare Facilities, EMS Organizations, and Dental Health Practices must have received their final dose by September 17, 2021.... An employee not immunized or otherwise immune from a disease must be excluded from the worksite, when in the opinion of a public health official, the employee\u0027s continued presence at work poses a clear danger to the health of others.... 5. COVID-19: The duration of the Department\u0027s declared public health emergency, effective as of July 1, 2021.","enforcement":"Exclusion from the worksite; facility licensing (DHHS Division of Licensing and Certification); Maine CDC periodic record reviews; medical exemption only (22 M.R.S. § 802(4-B))","functions":["HR credentialing and staffing","IC infection control","WF workforce (unvaccinated staff excluded)","HC home visits","CH dental chairside","IP inpatient units"],"notes":"Announced Aug. 12, 2021 with compliance by Oct. 1, 2021; on Sept. 2, 2021 DHHS announced enforcement would begin Oct. 29, 2021 with $146 million in workforce funds. Upheld against preliminary injunction Oct. 13, 2021 (D. Me.) and Oct. 19, 2021 (1st Cir., ME-062).","sourceUrl":"https://www.maine.gov/sos/cec/rules/10/144/144c264.docx","snapshot":"https://web.archive.org/web/20211012204422/https://www.maine.gov/sos/cec/rules/10/144/144c264.docx","fileExists":true,"fileBytes":74459,"grade":"primary","character":"","description":"","collection":"ME","url":"/library/ME-061","exhibitUrl":"/exhibit/ME-061","citation":"Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention, 10-144 C.M.R. ch. 264, Immunization Requirements for Healthcare Workers, emergency routine technical rule, filing 2021-166 (Aug. 12, 2021) (Ex. ME-061)","stateName":"Maine","related":["ME-062","DUT-ME-001"]}