10-144-264 Me. Code R. § 7
The Chief Administrative Officer in each Designated Healthcare Facility must be responsible for the maintenance of employee immunization records. The Chief Administrative Officer may designate a person to be responsible for record keeping.
Each Designated Healthcare Facility must adopt a uniform, health record for maintaining information regarding the health status of each employee. The immunization status of each employee with regard to each disease must be noted on the employee's health record. The health record of each employee must include, at a minimum, the month and year that each immunization was administered. Health records are to be retained a minimum of six years after the date the employee provided services.
Where an exemption has been granted for a reason authorized by law, the documentation supporting the exemption (including any information regarding the anticipated duration of the exemption) must be on file with the employee health record. Where Proof of Immunity has been accepted, a copy of the documentation must also be on file.
The Chief Administrative Officer or his/her designee in each Designated Healthcare Facility must keep a listing for each disease of the employees who are not currently immunized and have not provided Proof of Immunity. This list must include the names of all employees with authorized exemptions from immunization as well as any who are otherwise not known to be immune and must state the reason that the employee is not immune. The purpose of the list is to provide an efficient means to rapidly contact non-immunized employees in the event of disease outbreaks and exclude them from the workplace as necessary.
The Chief Administrative Officer of each Designated Healthcare Facility is responsible for completing the Maine CDC's annual survey regarding the immunization status of all employees by December 15 of each calendar year. The survey will include the following information at a minimum:
The survey results may be constructed so as to reflect meaningful data by groupings within the facility (e.g., pediatric unit). Each report must be signed by the Chief Administrative Officer as a certification that the information is accurate.
The Department will conduct periodic reviews of annual survey results by selecting samples of employee health records to compare against information reported by the Designated Healthcare Facility and to assess for compliance with this rule. The Department will share the results of this review with the Chief Administrative Officer of the Designated Healthcare Facility and/or their designees(s) for the purpose of identifying problems with recordkeeping or other compliance issues.
Compliance rates may also be made available to the public at the Department's discretion in accordance with 22 MRS §824.
If a Designated Healthcare Facility fails to correct violations identified by the Department or otherwise fails to comply with the requirements of this rule, the Department may take enforcement action pursuant to 22 MRS §804 or as otherwise provided by law.
10-144 C.M.R. ch. 264, § 7