Hospital – Nursing Home Statutes
  • Hospital employees are not required by law to receive vaccines. Certain vaccines (hepatitis B, pneumococcal, MMR, varicella) are recommended for hospital employees, but none are required by law.
  • Ambulatory Care Facility employees are not required by law to receive any vaccines.
  • Hospital patients are not required by law to receive influenza and pneumococcal vaccines. Hospitals are required by law to offer these vaccines to consenting patients.
  • All entities providing health care to Medicaid patients are required to make vaccines available to these patients and also to encourage pregnant women and mothers with infants to receive recommended vaccines. Medicaid patients are not required by law to receive any vaccines.

See: CDC State Immunization Laws for HealthCare Workers and Patients – Immunization Administration Requirements http://www2a.cdc.gov/nip/StateVaccApp/statevaccsApp/Administration.asp?statetmp=FL

  • First Responders (firefighters, paramedics, emergency medical technicians, law enforcement officers and correctional officers) are not required by law to receive vaccines.
  • First Responders are by law disqualified to receive benefits in the event of on the job exposure/infection to communicable diseases (hepatitis vaccines, meningococcal and tuberculosis) if they failed to get or have declined the vaccines or prophylaxis required by the employer.
  • First Responders are exempt from being disqualified for benefits if the worker’s physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the worker’s health.

Title X law related to immunizations for public officers (first responders) has to do with qualifying for or being disqualified for benefits in the event the officer/employee suffers a condition or impairment of health in the course of employment or in the line of duty caused by exposure to a communicable disease (hepatitis, meningococcal, tuberculosis)

Title XXIX – Public Health

Public Health: Hospitals

Chapter 381.005 (2)

Between October 1, or earlier if the vaccination is available, and February 1 of each year, subject to the availability of an adequate supply of the necessary vaccine, each hospital licensed pursuant to chapter 395 shall implement a program to offer immunizations against the influenza virus and pneumococcal bacteria to all patients age 65 or older, in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Centers for Disease Control and Prevention and subject to the clinical judgment of the responsible practitioner.

Public Health: Nursing Homes

Chapter 400.141 (1) (u), (v), (w)

Every licensed nursing home facility shall:

(u) Before November 30 of each year, subject to the availability of an adequate supply of the necessary vaccine, provide for immunizations against influenza viruses to all its consenting residents in accordance with the recommendations of the United States Centers for Disease Control and Prevention, subject to exemptions for medical contraindications and religious or personal beliefs. Subject to these exemptions, any consenting person who becomes a resident of the facility after November 30 but before March 31 of the following year must be immunized within 5 working days after becoming a resident. Immunization shall not be provided to any resident who provides documentation that he or she has been immunized as required by this paragraph. This paragraph does not prohibit a resident from receiving the immunization from his or her personal physician if he or she so chooses. A resident who chooses to receive the immunization from his or her personal physician shall provide proof of immunization to the facility. The agency may adopt and enforce any rules necessary to comply with or implement this 1subsection.

(v) Assess all residents for eligibility for pneumococcal polysaccharide vaccination (PPV) and vaccinate residents when indicated within 60 days after the effective date of this act in accordance with the recommendations of the United States Centers for Disease Control and Prevention, subject to exemptions for medical contraindications and religious or personal beliefs. Residents admitted after the effective date of this act shall be assessed within 5 working days of admission and, when indicated, vaccinated within 60 days in accordance with the recommendations of the United States Centers for Disease Control and Prevention, subject to exemptions for medical contraindications and religious or personal beliefs. Immunization shall not be provided to any resident who provides documentation that he or she has been immunized as required by this paragraph. This paragraph does not prohibit a resident from receiving the immunization from his or her personal physician if he or she so chooses. A resident who chooses to receive the immunization from his or her personal physician shall provide proof of immunization to the facility. The agency may adopt and enforce any rules necessary to comply with or implement this paragraph.

(w) Annually encourage and promote to its employees the benefits associated with immunizations against influenza viruses in accordance with the recommendations of the United States Centers for Disease Control and Prevention.

Public Health: Medicaid, Pregnant Women & Mothers

Chapter 409.912 (35) (d),

All entities providing health care services to Medicaid recipients make available, and encourage all pregnant women and mothers with infants to receive, immunizations in accordance with the recommendations of the Advisory Committee on Immunization Practices of the United States Public Health Service and the American Academy of Pediatrics, as appropriate.

Title X – Public Officers & Employees

Public Officers: Firefighters, Paramedics, Emergency Medical Technicians, Law Enforcement Officers, Correctional Officers

Chapter 112.181 (3)

Whenever any standard, medically recognized vaccine or other form of immunization or prophylaxis exists for the prevention of a communicable disease for which a presumption is granted under this section, if medically indicated in the given circumstances pursuant to immunization policies established by the Advisory Committee on Immunization Practices of the United States Public Health Service, an emergency rescue or public safety worker may be required by his or her employer to undergo the immunization or prophylaxis unless the worker’s physician determines in writing that the immunization or other prophylaxis would pose a significant risk to the worker’s health. Absent such written declaration, failure or refusal by an emergency rescue or public safety worker to undergo such immunization or prophylaxis disqualifies the worker from the benefits of the presumption.

Note: For more information about Florida vaccine statutes governing other workplaces and employees, see section Workplace Vaccine Requirements.