Section 71 of Chapter 111 of the general laws, as appearing in the 2006 Official Edition, is hereby amended in the seventh paragraph of subsection (iv) by adding the following new sentence:-

No license shall be renewed here under, beginning on January 1, 2010, unless there shall be first submitted to the department by the authorities in charge of the facility a certificate verifying that all patients and employees were vaccinated against influenza each of the previous years in accordance with the current recommendations of the Advisory Committee on Immunization Practices for the Centers for Disease Control and Prevention with respect to indications such as age, timing, dosing, and administration.  Immunization of all consenting patients and employees shall be subject to the availability of an adequate supply of the necessary vaccine, and subject to exemptions for medical contraindications and religious beliefs.  Subject to these exemptions , and in accordance with the guidelines of the Advisory Committee on Immunization Practices for the Center for Disease Control and Prevention, a consenting patient shall be immunized prior to discharge from the hospital or within 5 working days of becoming a patient in a convalescent or nursing home, infirmary maintained in a town, rest home, charitable home for the aged or intermediate care facility for the mentally retarded.  Receipt of the vaccination shall be documented on the patient’s chart and made a part of the patient’s permanent  record.  Prior to administration of the vaccination, diligence shall be exercised to determine whether or not the patient has already received the influenza vaccination for the year in question.  This paragraph shall not prohibit a patient in a convalescent or nursing home, infirmary maintained in a town, rest home, charitable home for the aged or intermediate care facility for the mentally retarded from receiving the immunization from his or her personal physician if he or she so chooses.  A patient who chooses to receive the immunization from his or her personal physician shall provide proof of immunization to the facility.