The House and Senate have passed Senate Bill 253, a bill that will provide flexibility to nursing homes and other assisted living facilities concerning hiring and firing decisions related to flu vaccination status.
Prior to this new law, the Delaware code stated with respect to Influenza immunizations that (a) Nursing and assisted living facilities shall annually offer, beginning no later than October 1 and extending through March 1 of a calendar year, onsite vaccinations for influenza vaccine to all employees with direct contact with patients at no cost and contingent upon availability of the vaccine and (b) The facility shall keep on record a signed statement from each employee stating that the employee has been offered vaccination against influenza and has either accepted or declined such vaccination.
The law went on to say that employment at the facility will not be contingent upon whether the employee gets the flu vaccine. That last section (c) is being removed in its entirety by the passage of this law and now facilities will have discretion about whether employment will or will not be contingent on the taking of the vaccine.
The bill passed the Senate unanimously, but an odd combination of 7 Representatives voted no in the House, including Democrat Nnamdi Chukwuocha. The rest of the no votes are the usual Republican suspects. See below.
|Senate Bill 253 Sponsors||Yes Votes||No Votes|
|S.McBride, Ennis, Hansen, Sturgeon, Townsend||Senate Passes 20-0-1. Brown Ennis Gay Hansen Lockman Mantzavinos Paradee Pinkney Poore S.McBride Sokola Sturgeon Townsend Walsh Bonini Hocker Lopez Pettyjohn Richardson Wilson||Absent: Lawson|
|Bentz, Baumbach, Griffith, Mitchell||House Passes 32-7-2. Baumbach Bennett Bentz Bolden Freel Bush Carson Cooke Dorsey-Walker Griffith Heffernan K.Johnson K.Williams Kowalko Lambert Longhurst Lynn Matthews Minor-Brown Morrison Osienski S.Moore Schwartzkopf Wilson-Anton Briggs King D.Short Dukes Gray Hensley M.Smith Shupe Spiegelman||Chukwuocha Collins Morris Postles Ramone Smyk Vanderwende Absent: Mitchell Yearick|
|Current Status:||Sent to Governor.|