(a)
(1)
(A) The State Board of Health may promulgate rules to provide for the immunization against the influenza virus and pneumococcal disease as provided for in this subchapter.
(B) The Office of Long-Term Care shall be granted authority to enforce the rules.
(2) The board may also promulgate rules to provide for the immunization of other individuals and require other institutions and facilities to provide the immunizations provided for in this subchapter.
(b) Each nursing home facility in this state shall:
(1) Obtain consent from residents or their legal guardians upon admission to participate in all immunization programs that are conducted within the facility while that person is a resident of that facility, and not in violation of the resident's right to refuse treatment;
(2) As a condition of his or her employment, require each employee to participate in immunization programs conducted while he or she is employed at the facility, unless the employee meets the qualifications for exemptions as listed in § 20-10-1305; and
(3) Document and report annually immunizations against:
(A) Influenza virus for residents and full-time and part-time employees; and
(B) Pneumococcal disease for residents.
(c) Any nursing home facility which violates this subchapter shall be subject to suspension and revocation of its license.
(d)
(1) As provided in this subchapter, the Department of Health shall provide vaccines, supplies, and staff necessary for the immunizations of nursing home residents and employees that lack coverage for immunizations through Medicare, Medicaid, or other health insurance.
(2) However, during the outbreak of a pandemic disease, the department may enforce vaccine priorities necessary to limit the loss of life among citizens and to contain the spread of the disease.