(a) Effective September 1, 2012, a facility must develop and implement a policy to protect a resident from vaccine preventable diseases in accordance with Texas Health and Safety Code, Chapter 224.     
      (b) The policy must:      
        (1) require an employee or a contractor providing direct care to a resident to receive vaccines for the vaccine preventable diseases specified by the facility based on the level of risk the employee or contractor presents to residents by the employee's or contractor's routine and direct exposure to residents;       
        (2) specify the vaccines an employee or contractor is required to receive in accordance with paragraph (1) of this subsection;       
        (3) include  procedures for the facility to verify that an employee or contractor has complied with the policy;       
        (4) include procedures for the facility to exempt an employee or contractor from the required vaccines for the medical conditions identified as contraindications or precautions by the Centers for Disease Control and Prevention;       
        (5) for an employee or contractor who is exempt from the required vaccines, include procedures the employee or contractor must follow to protect residents from exposure to disease, such as the use of protective equipment, such as gloves and masks, based on the level of risk the employee or contractor presents to residents by the employee's or contractor's routine and direct exposure to residents;       
        (6) prohibit discrimination or retaliatory action against an employee or contractor who is exempt from the required vaccines for the medical conditions identified as contraindications or precautions by the Centers for Disease Control and Prevention, except that required use of protective medical equipment, such as gloves and masks, may not be considered retaliatory action;       
        (7) require the facility to maintain a written or electronic record of each employee's or contractor's compliance with or exemption from the policy;       
        (8) include disciplinary actions the facility may take against an employee or contractor who fails to comply with the policy.       
      (c) The policy may:      
        (1) include procedures for an employee or contractor to be exempt from the required vaccines based on reasons of conscience, including religious beliefs; and       
        (2) prohibit an employee or contractor who is exempt from the required vaccines from having contact with residents during a public health disaster, as defined in Texas Health and Safety Code, §81.003 (relating to Definitions).       
     Source Note:        The provisions of this §551.329 adopted to be effective June 1, 2012, 37 TexReg 3871; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1883