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Ex. ME-061 Order Primary source read

10-144 C.M.R. ch. 264, Immunization Requirements for Healthcare Workers, emergency routine technical rule, filing 2021-166

Immunization Requirements for Healthcare Workers (emergency rule adding COVID-19)

Maine Department of Health and Human Services, Maine Center for Disease Control and Prevention · Maine (Sector regulator)

The COVID Project

The record

Jurisdiction
Maine
Level
Sector regulator
Authority
22 M.R.S. §§ 802(1), (3), 802(1)(D); 5 M.R.S. § 8054 (emergency rule)
Issued
2021-08-12 Aug. 12, 2021
Effective
2021-08-12 (final dose required by 2021-09-17; enforcement announced for 2021-10-29) (read as 2021-08-12)
End
Emergency rule 90 days; adopted as a permanent rule thereafter (post-period) (read as 2021-09-30)
In force
Aug. 12, 2021 to Sept. 30, 2021
Quarters
2021 Q3
Limitation types
Health care ordersWorkplace rulesVaccination or testing
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
Functions reached
  • HR credentialing and staffing
  • IC infection control
  • WF workforce (unvaccinated staff excluded)
  • HC home visits
  • CH dental chairside
  • IP inpatient units
Collection
Maine ME

Operative words

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's 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's continued presence at work poses a clear danger to the health of others.... 5. COVID-19: The duration of the Department's 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))

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).

Retrieval note

Word file as filed with the Secretary of State (Wayback capture Oct. 12, 2021); text read from the document XML; header reads 'EMERGENCY ROUTINE TECHNICAL RULE Effective August 12, 2021' and the history lists 'August 12, 2021 - filing 2021-166 (EMERGENCY ROUTINE TECHNICAL).'.