Menu of State Healthcare Facility Measles, Mumps, and Rubella (MMR) Vaccination Laws

Related Pages

This menu is one of a series of menus assessing vaccination requirements for patients and healthcare workers in healthcare facilities. Healthcare facilities across the United States are increasingly requiring healthcare workers and patients to be vaccinated for certain vaccine-preventable diseases to reduce disease outbreaks.1 In some instances, facilities are establishing these requirements under mandates set forth by state statutes or regulations. Depending on the vaccine, the legal requirements might apply to either patients, healthcare workers, or both, and can include the following types of provisions:

  • Assessment Requirements
    The healthcare facility must assess a healthcare worker’s or patient’s vaccination status.2
  • Administrative Requirements for Offering Vaccination
    The healthcare facility must offer a vaccination to a healthcare worker or patient.3
  • Administrative Requirements for Ensuring Vaccination
    The healthcare facility must require a healthcare worker or patient to demonstrate proof of vaccination or immunity against a specific vaccine preventable disease.

Measles, mumps, and rubella are infectious diseases that can be spread in the healthcare setting through coughing and sneezing.4 Individuals can demonstrate immunity to measles, mumps, and rubella by providing immunization records or through serologic testing.5 Measles, mumps, and rubella each present differently in healthcare settings. As a result, many state laws refer to measles, mumps, or rubella disease separately rather than referencing the “MMR” vaccine.

MMR Vaccination

In 1971, the individual vaccinations for measles, mumps, and rubella were combined into a single measles-mumps-rubella (MMR) vaccine. The Advisory Committee on Immunization Practices (ACIP) recommends MMR vaccine for healthcare workers (HCWs) born in 1957 or later who have not had the MMR vaccine or who do not have an up-to-date blood test that shows immunity to measles, mumps, or rubella.6 CDC recommends routine childhood immunization with MMR vaccine starting with the first dose at age 12–15 months and the second dose at age 4–6 years, or at least 28 days after the first dose.7

Adults born during or after 1957 without acceptable evidence of immunity to measles, mumps, or rubella should receive at least one dose of MMR.8 Healthcare providers should routinely assess women of childbearing age for evidence of immunity and vaccinate those who lack acceptable evidence of immunity to rubella and who are not pregnant.9 Healthcare workers who receive MMR vaccine may continue to work.10 There are no reports of recently vaccine-linked transmission of measles, mumps, or rubella viruses to susceptible contacts.11 Pregnant women who do not have evidence of immunity to rubella should be vaccinated immediately after giving birth.12

Nineteen states have established measles, mumps, or rubella vaccination and immunity requirements for healthcare workers;13 of these, 8 states have laws that apply to measles, mumps, and rubella,14 7 states have laws that apply to rubella only,15 and 4 states have laws that apply to measles and rubella only.16 Twelve states establish requirements for patients;17 of these, 5 states have laws that apply to measles, mumps, and rubella,18 6 states have laws that apply to rubella only,19 and 1 state has laws that apply to measles and rubella.20

This menu assesses and provides examples of state laws that expressly establish measles, mumps, or rubella vaccination requirements for healthcare workers and patients in hospitals, long-term care facilities, and ambulatory care facilities.21

Measles

Measles (rubeola) is a highly contagious disease caused by a virus that spreads through the air when an infected person coughs or sneezes.22 Measles starts with fever and soon after causes a cough, runny nose, and red eyes.23 Following this, a rash of tiny, red spots breaks out, starting at the head and spreading to the rest of the body.24 Measles can be prevented by the MMR vaccine.25

The MMR vaccine is very safe and effective. Two doses of MMR vaccine are about 97% effective at preventing measles; one dose is about 93% effective.26 Before the measles vaccination program started in 1963, an estimated 3 to 4 million people got measles each year in the United States.27 Of these, approximately 500,000 cases were reported each year to CDC; of these, 400 to 500 people died, 48,000 were hospitalized, and 1,000 developed encephalitis (brain swelling) from measles.28 Since then, widespread use of measles vaccine has led to a greater than 99% reduction in measles cases compared with the pre-vaccine era.29 However, measles is still common in other countries; unvaccinated people continue to get measles while abroad and bring the disease into the United States and spread it to others.30

From January 1 to August 12, 2017, 118 people from 14 states were reported to have measles.31 In 2014, the United States experienced a record number of measles cases, with 667 cases from 27 states reported to CDC’s National Center for Immunization and Respiratory Diseases; this is the greatest number of cases since measles elimination was documented in the US in 2000.32 The majority of people who got measles during the 2014 outbreak were unvaccinated.33

Mumps

Mumps is a contagious disease caused by a virus.34 It typically starts with a few days of fever, headache, muscle aches, tiredness, and loss of appetite, followed by swollen salivary glands.35 The mumps component of the MMR vaccine is about 88% effective when a person gets two doses; one dose is about 78% effective.36 An infected person can spread the virus by coughing, sneezing, or talking; sharing items, such as cups or eating utensils, with others; or touching objects or surfaces with unwashed hands that are then touched by others.37

Before the US mumps vaccination program started in 1967, mumps was a universal childhood disease.38 Since the pre-vaccine era, mumps cases in the United States have decreased by more than 99%.39 Mumps outbreaks can still occur in highly vaccinated US communities, particularly in close-contact settings such as schools, colleges, and camps.40 However, high vaccination coverage helps to limit the size, duration, and spread of mumps outbreaks.41

Rubella

Rubella, also known as German measles or three-day measles, is a contagious disease caused by a different virus than measles.42 Rubella was eliminated from the United States in 2004.43 Although rubella is no longer endemic in the United States, it remains a problem in other parts of the world and can still be brought into the United States by people who get infected in other countries.44 Rubella is transmitted primarily through direct or droplet contact from nasopharyngeal secretions45 and can spread when an infected person coughs or sneezes.46 If a woman is infected with rubella while she is pregnant, she can pass it to her developing baby, resulting in congenital harm and birth defects.47 Most people who get rubella usually have a mild illness, with symptoms that can include low-grade fever, sore throat, and a rash that starts on the face and spreads to the rest of the body.48 During the last major rubella epidemic in the United States during 1964–1965, an estimated 12.5 million people got rubella, 11,000 pregnant women lost their babies to miscarriage or stillbirth, 2,100 newborns died, and 20,000 babies were born with congenital rubella syndrome (CRS), which can cause serious birth defects.49

Rubella can be prevented with rubella-containing vaccine, which is primarily administered as the MMR vaccine.50 One dose of MMR vaccine is about 97% effective at preventing rubella in persons later exposed to the virus.51 The United States rubella vaccination program started in 1969, and once the vaccine became widely used, the number of people infected with rubella in the United States dropped dramatically.52 In fact, rubella incidence in the United States has decreased by more than 99% from the pre-vaccine era.53

Examples by Facility Type

Three broad types of facilities are included in this assessment: hospitals, long-term care facilities, and ambulatory care facilities. Fifteen states have MMR vaccination laws for hospital healthcare workers54 and 3 states have MMR vaccination laws for hospital patients.55 In long-term care facilities, 8 states have MMR vaccination laws for healthcare workers56 and 3 have MMR vaccination laws for patients.57 Eleven states have MMR vaccination laws specific to ambulatory care facility healthcare workers58 and 7 states have MMR vaccination laws specific to ambulatory care facility patients.59

Hospitals are healthcare facilities that provide inpatient, diagnostic, and therapeutic services for both surgical and nonsurgical conditions, 24 hours a day.60 Sixteen states’ measles, mumps, or rubella vaccination provisions expressly reference hospitals or apply to various healthcare facilities that include hospitals by definition.61 Specifically, 15 states have measles, mumps, or rubella vaccination laws for hospital healthcare workers62 and 3 states have measles, mumps, or rubella vaccination laws for hospital patients.63

Hospital Patient MMR Vaccination Laws

Three states have measles, mumps, or rubella vaccination laws for hospital patients.64

Hospital Patient Type

  • Mothers
    Two states have measles, mumps, or rubella vaccination laws for mothers.65
    • Massachusetts law states that “[e]ach maternal and newborn service shall develop and implement written administrative policies that include provisions for . . . [o]ffering and administering a dose of measles-mumps-rubella (MMR) vaccine to all mothers who are rubella antibody negative prior to discharge.”66
  • Children (Aged <18 Years)
    One state has an MMR vaccination law for children under age 18 years.67
    • Under New York law, “[i]t shall be the duty of the individual designated to assume responsibility for the central coordination and management of the activities of the shared health facility to inquire of each person receiving care who is under the age of eighteen . . . whether all necessary immunizations have been received . . . .”68 This provision states that this is applicable to, “[i]mmunizations against . . . mumps, measles . . . and rubella.”69
  • Pregnant Women
    One state has a measles, mumps, or rubella vaccination law for pregnant women and newborns.70
    • Per South Carolina law, “. . . the perinatal records of the mother, newborn records should include the . . . “[m]other’s evidence of sensitization and/or immunization [and] [s]erological test including dates performed for . . . [r]ubella.”71
  • All Patients
    There are no states with measles, mumps, or rubella vaccination laws that apply to all hospital patients.

Hospital Patient Vaccination Requirement Type

  • Assessment
    Three states have measles, mumps, or rubella vaccination assessment requirements for hospital patients.72 One state has measles vaccination assessment requirements;73 1 state has mumps vaccination assessment requirements;74 and 3 states have rubella vaccination assessment requirements.75
    • Per South Carolina law, “. . . the perinatal records of the mother, newborn records should include the . . . “[m]other’s evidence of sensitization and/or immunization [and] [s]erological test including dates performed for . . . [r]ubella.”76
  • Administrative Offer
    Two states require hospitals to offer MMR vaccination to patients.77
    • New York law states that “[i]t shall be the duty of the administrative officer or other person in charge of each hospital to inquire of each person in its care under the age of eighteen, or of a person in parental relation to such person, whether all necessary immunizations have been received for . . . mumps, measles, . . . and rubella and, if not, to make available such immunizations and a certificate or certificates of such immunizations.”78
  • Administrative Ensure
    There are no states with administrative ensure requirements for measles, mumps, or rubella for hospital patients.

Hospital Patient Vaccination Exemption Type

States with vaccination requirements for patients may explicitly permit exemptions in certain circumstances,79 such as when vaccination is medically contraindicated or when it violates a person’s religious or philosophical beliefs.80 While there are no administrative ensure requirements for measles, mumps, or rubella vaccination, one state still provides for exemptions for patients.

  • Medical
    New York is the only state that permits medical exemptions to MMR vaccination requirements for patients in hospitals,81 although even where not explicitly exempted by law, employees with a medically contraindicated condition are likely not required to be vaccinated.
    • Per New York law, “[i]f any physician licensed to practice medicine in [New York] certifies that such immunization may be detrimental to a child’s health, the requirements . . . shall be inapplicable until such immunization is found no longer to be detrimental to the child’s health.”82
  • Religious
    New York is the only state that permits religious exemptions to MMR vaccination requirements for patients in hospitals.83
    • Under New York law, the MMR vaccination requirements “shall not apply to children whose parent, parents, or guardian are bona fide members of a recognized religious organization whose teachings are contrary to the practices herein required.”84
  • Philosophical
    There are no states that permit philosophical exemptions to measles, mumps, or rubella vaccination requirements for patients in hospitals.

Hospital Healthcare Worker MMR Vaccination Laws

Fifteen states have measles, mumps, or rubella vaccination laws for hospital healthcare workers.85

Hospital Healthcare Worker Type

  • All Healthcare Workers
    Ten states have measles, mumps, or rubella vaccination laws covering all hospital healthcare workers.86
    • Alaska law states that, “[e]ach facility must have an employee health program that . . . requires evidence of immunization against rubella. . . .”87
  • Healthcare Workers with Specific Patient Contact
    Six states have measles, mumps, or rubella vaccination laws for healthcare workers who have specific patient contact.88
    • Under Hawaii law, “[t]hose employees who have patient contact in an outpatient obstetrical clinic or planned parenthood clinic shall have a rubella antibody test.”89

Hospital Healthcare Worker Vaccination Requirement Type

  • Assessment
    Fifteen states have measles, mumps, or rubella vaccination assessment requirements for hospital healthcare workers.90 Eleven states have measles vaccination assessment requirements for hospital healthcare workers;91 7 states have mumps vaccination assessment requirements;92 and 15 states have rubella vaccination assessment requirements.93
    • Per Arizona law, “[a]n administrator of a health care institution shall ensure that a paid or volunteer full-time or part-time worker at a health care institution does not participate in the direct care of a mumps case or suspect case unless the worker is able to provide evidence of immunity to mumps through one of the following: [a] record of immunization against mumps with two doses of live virus vaccine given on or after the first birthday and at least one month apart; or [a] statement signed by a physician, physician assistant, registered nurse practitioner, state health officer, or local health officer affirming serologic evidence of immunity to mumps . . . .”94
    • Maine law requires that “[e]ach employee who cannot document the result of a previous rubella screening test shall be given a rubella screening . . . . An employee who can document seropositivity from a previous rubella screening test or who can document inoculation with rubella vaccine shall not be required to have a rubella screening test . . . [e]ach employee born in 1957 or later shall be given a measles (rubeola) screening test . . . [a]n employee who can document receipt of a live measles vaccine on or after the first birthday, physician-diagnosed measles, or serologic evidence of immunity shall not be required to have a measles (rubeola) screening test.”95
  • Administrative Offer
    Two states require hospitals to offer measles, mumps, or rubella vaccination to healthcare workers.96
    • Per New Jersey law, “[t]he hospital shall offer rubella and rubeola vaccination to all employees and medical staff.”97
    • Under California law, “[t]he employer shall make available to all health care workers with occupational exposure all vaccinations recommended by the CDPH . . . .”98 CDPH recommends the following, “Measles: Two doses; Mumps: Two doses; Rubella: One dose. . . .”99
  • Administrative Ensure
    Thirteen states have administrative ensure requirements for measles, mumps, or rubella for hospital healthcare workers.100 Nine states have measles administrative ensure requirements;101 4 states have mumps administrative ensure requirements;102 and 13 states have rubella administrative ensure requirements.103
    • Rhode Island law requires that, “[i]n accordance with the guidelines set forth by the Advisory Committee on Immunization Practices (ACIP) for immunization of health care personnel, evidence of immunity is required for all health care workers (with the exception of health care workers who receive a medical exemption) against . . . [m]easles, [m]umps and [r]ubella. . . .”104
    • Maine law states that hospitals “shall require for all employees proof of immunization or documented immunity against . . . [r]ubeola (measles); . . . [m]umps; . . . [r]ubella (German measles).”105

Hospital Healthcare Worker Vaccination Exemption Type

States with vaccination requirements for healthcare workers may explicitly permit exemptions from those requirements in certain circumstances,106 such as when vaccination is medically contraindicated or when it violates a person’s religious or philosophical beliefs.107

  • Medical
    Six states permit medical exemptions for measles, mumps, or rubella vaccination requirements for healthcare workers,108 although even where not explicitly exempted by law, employees with a medically contraindicated condition are likely not required to be vaccinated.
    • Per Rhode Island law, “[a] health care worker shall be exempt from the immunization requirements . . . provided that a physician, physician assistant, or certified registered nurse practitioner signs a medical exemption stating that the health care worker is exempt from a specific vaccine because of medical reasons.”109
    • Under Alaska law, “[t]he requirements . . . may be waived if a physician signs a certificate that there are medical reasons that dictate that an employee should not be vaccinated against rubella.”110
  • Religious
    Two state permit religious exemptions for measles, mumps, or rubella vaccination requirements for hospital healthcare workers.111
    • Maine law states that, “An employee who does not meet the immunization/immunity requirement may be permitted to attend work under the following conditions . . . [t]he employee states in writing an opposition to immunization because of a sincere religious belief. . . .”112
    • Under Maryland law, “[i]f a worker objects to an immunization upon the grounds that it conflicts with the worker’s bona fide religious beliefs and practices, the hospital shall grant a religious exemption to the worker for the immunization.”113
  • Philosophical
    Two states permit philosophical exemptions for measles, mumps, or rubella vaccination requirements for hospital healthcare workers.114
    • Maine law requires that, “[a]n employee who does not meet the immunization/immunity requirement may be permitted to attend work under the following conditions . . . [t]he employee states in writing an opposition to immunization . . . for philosophical reasons.”115
    • Per California law, “[t]he employer shall ensure that employees who decline to accept a recommended and offered vaccination sign the statement . . . for each declined vaccine.”116

Long-term care facilities “provide a variety of services, both medical and personal care, to people who are unable to manage independently in the community.”117 Examples of long-term care facilities include nursing homes and nursing facilities.118 Ten states have measles, mumps, or rubella vaccination laws that expressly reference long-term care facilities or apply to various healthcare facilities that are considered long-term care facilities.119

  • In California, “[t]he employer shall make available to all health care workers with occupational exposure all vaccinations recommended by the CDPH as listed in Appendix E,” which includes MMR vaccination. This law applies to healthcare facilities including long-term healthcare facilities.120
  • Illinois law requires rubella titers in “long-term care for under age 22 facilities,” which are “facilit[ies] provid[ing] total habilitative health care to residents who require specialized treatment, training and continuous nursing care because of medical or developmental disabilities.”121 (Antibody titers are laboratory tests that measure the level of antibodies to a disease in a blood sample.122 They are used to assess immunity to a disease.)

MMR Vaccination Laws for Patients in Long-Term Care Facilities

Three states have measles, mumps, or rubella vaccination laws for long-term care facility patients.123

Long-Term Care Facility Patient Type

  • All Patients at Healthcare Facilities for Children
    Indiana is the only state with a law that establishes measles, mumps, or rubella vaccination requirements for long-term care facility patients.
    • Indiana law states that “[u]pon admission, written evidence shall indicate completion of an immunization series for . . . rubella . . . [and] measles. . . .” for each resident.124
  • Patients Under Age 15 Years
    • Michigan is the only state with a law that establishes MMR vaccination requirements for long-term care facility patients under age 15 years.
    • Per Michigan law, a patient at a childcare home or childcare unit “who has not been immunized for . . . measles, rubella, mumps . . . shall be immunized as ordered by the physician.” Michigan law states that “[c]hild care home means a nursing home which is designed, staffed, and equipped exclusively to accommodate patients under 15 years of age.”125
  • Women Residents of Child-Bearing Age
    Illinois is the only state with a law that establishes measles, mumps, or rubella vaccination or immunity requirements for long-term care facility patients who are women of child-bearing age.
    • Under Illinois law, “[e]very woman resident of child-bearing age shall receive . . . Rubella antibody titer measurement.”126

Long-Term Care Facility Patient Vaccination Requirement Type

  • Assessment
    Three states have measles, mumps, or rubella vaccination assessment requirements for long-term care facility patients.127 Two states have measles vaccination assessment requirements;128 1 state has mumps vaccination assessment requirements;129 and 3 states have rubella vaccination assessment requirements.130
    • Indiana law states that “[u]pon admission, written evidence shall indicate completion of an immunization series for . . . rubella . . . [and] measles. . . .” for each resident.131
  • Administrative Offer
    No states have administrative offer requirements for MMR vaccination of patients in long-term care facility settings.
  • Administrative Ensure
    Two states have measles, mumps, or rubella vaccination administrative ensure requirements for long-term care facility patients.132 Two states have measles administrative ensure requirements;133 1 state has mumps administrative ensure requirements;134 and 2 states have rubella administrative ensure requirements.135
    • Michigan law states that, “[a] patient who has not been immunized for . . . measles, rubella, mumps . . . shall be immunized as ordered by the physician.”136

Long-Term Care Facility Patient Vaccination Exemption Type

States with vaccination requirements for patients may explicitly permit exemptions in certain circumstances,137 such as when vaccination is medically contraindicated or when it violates a person’s religious or philosophical beliefs.138

  • Medical
    Indiana is the only state that permits medical exemptions for measles, mumps, or rubella vaccination requirements for patients in long-term care facilities,139 although even where not explicitly exempted by law, patients with a medically contraindicated condition are likely not required to be vaccinated.
    • Per Indiana law, “[u]pon admission, written evidence shall indicate completion of an immunization series for . . . rubella . . . [and] measles. . . [t]he age of the child or the written order by the attending physician, contraindicating a new immunization, may alter the series.”140
  • Religious
    Michigan is the only state that permits religious exemptions to MMR vaccination requirements for patients in long-term care facilities.141
    • Under Michigan law, “[a] patient who has not been immunized for . . . measles, rubella, mumps . . . shall be immunized as ordered by the physician, unless it is against the religious convictions of the patient as stated in writing by the parent or guardian.”142
  • Philosophical
    No state permits philosophical exemptions to measles, mumps, or rubella vaccination requirements for patients in long-term care facilities.

MMR Vaccination Laws for Healthcare Workers in Long-Term Care Facilities

Eight states have measles, mumps, or rubella vaccination laws for healthcare workers in long-term care facilities.143

Long-Term Care Facility Healthcare Worker Type

  • All Healthcare Workers
    Five states have measles, mumps, or rubella vaccination laws for all long-term care facility healthcare workers.144
    • Indiana law states that, “[e]ach employee’s health record shall contain evidence of current immunization against . . . rubella. . . .”145
  • Healthcare Workers with Specific Patient Contact
    Three states have measles, mumps, or rubella vaccination laws for healthcare workers who have specific patient contact.146
    • Under Nevada law, “[a]n employee of a medical facility shall not have direct contact with any case having rubella, any suspected case considered to have rubella or with any patient who is or may be pregnant, unless the employee provides proof of immunity to rubella.”147 “Medical facility” is defined by Nevada law to include long-term care facilities.148

Long-Term Care Facility Healthcare Worker Vaccination Requirement Type

  • Assessment
    Eight states have measles, mumps, and/or rubella vaccination assessment requirements for long-term care facility healthcare workers.149 Six states have measles vaccination assessment requirements;150 5 states have mumps vaccination assessment requirements;151 and 8 states have rubella vaccination assessment requirements.152
    • Indiana law states that “[e]ach employee’s health record shall contain evidence of current immunization against . . . rubella.”153
    • Under Maine law, “[e]xcept as otherwise provided by law, each Designated Healthcare Facility in the State of Maine shall require for all employees proof of immunization or documented immunity against: (1) Rubeola (measles); (2) Mumps; (3) Rubella (German measles).”154 “Designated Healthcare Facility” is defined by Maine law to include nursing facilities, which are a type of long-term care facility.155
  • Administrative Offer
    California is the only state that requires long-term care facilities to offer MMR vaccination to healthcare workers.156
    • California law states that “The employer shall make available to all health care workers with occupational exposure all vaccinations recommended by the CDPH as listed in Appendix E.”157 Measles, mumps, and rubella are listed in Appendix E of the law, as recommended vaccinations by CDPH.158 This law applies to long-term healthcare facilities.159
  • Administrative Ensure
    Seven states have measles, mumps, or rubella administrative ensure requirements for long-term care facility healthcare workers.160 Five states have measles administrative ensure requirements;161 4 states have mumps administrative ensure requirements;162 and 7 states have rubella administrative ensure requirements.163
    • Per Rhode Island law, “. . . evidence of immunity is required for all health care workers (with the exception of health care workers who receive a medical exemption) against . . . Measles, Mumps and Rubella . . . .”164 This law applies to healthcare workers in nursing facilities.165
    • New York law states that a “. . . nursing home shall require the following of all personnel as a condition of employment or affiliation . . . a certificate of immunization against rubella . . . and . . . a certificate of immunization against measles . . . .”166

Long-Term Care Facility Healthcare Worker Vaccination Exemption Type

States with vaccination requirements for healthcare workers may explicitly permit exemptions from these requirements in certain circumstances,167 such as when vaccination is medically contraindicated or when it violates a person’s religious or philosophical beliefs.168

  • Medical
    Five states permit medical exemptions for measles, mumps, or rubella vaccination for healthcare workers in long-term care facilities,169 although even where not explicitly exempted by law, employees with a medically contraindicated condition are likely not required to be vaccinated.
    • Per Indiana law, “[e]ach employee’s health record shall contain evidence of current immunization against . . . rubella . . . unless contraindicated by a physician . . . .”170
  • Religious
    Maine is the only state that permits religious exemptions to MMR vaccination requirements for healthcare workers in long-term care facilities.171
    • Maine law states that, “An employee who does not meet the immunization/immunity requirement may be permitted to attend work under the following conditions . . . The employee states in writing an opposition to immunization because of a sincere religious belief . . . .”172
  • Philosophical
    Two states permit philosophical exemptions to MMR vaccination requirements for healthcare workers in long-term care facilities.173
    • Per California law, “[t]he employer shall ensure that employees who decline to accept a recommended and offered vaccination sign the statement . . . for each declined vaccine.”174

Ambulatory Care Facility Type

Ambulatory care facilities are healthcare facilities that provide outpatient medical services.175 Examples of ambulatory care facilities include birth centers, dialysis centers, and surgical centers.176 Sixteen states’ MMR vaccination laws expressly reference ambulatory care facilities or apply to various healthcare facilities that are considered ambulatory care facilities.177

Ambulatory Care Facility Patient MMR Vaccination Laws

Seven states have MMR vaccination laws specific to ambulatory care facility patients.178

Ambulatory Care Facility Patient Type

  • Pregnant Women and MothersSeven states have MMR vaccination laws for pregnant women or mothers in ambulatory care facilities.179
  • Per Kentucky law, the alternative birthing center “shall maintain a medical record for pregnant women and mothers to include at least the following . . . immunization history [and] . . . rubella antibody titer . . . .”180
  • All Patients There are no states with measles, mumps, or rubella vaccination laws that apply to all ambulatory care facility patients.

Ambulatory Care Facility Patient Vaccination Requirement Type

  • AssessmentSeven states have measles, mumps, or rubella vaccination assessment requirements for ambulatory care facility patients.181 One state has measles vaccination assessment requirements;182 1 state has mumps vaccination assessment requirements;183 and 7 states have rubella vaccination assessment requirements.184
    • Under Colorado law, birth center “. . . obstetrical records shall include . . . [a] rubella titer . . . .”185
  • Administrative OfferTwo states require ambulatory care facilities to offer MMR vaccination to patients.186
    • Per New Jersey law, “. . . [e]ach patient shall have at least the following prenatal laboratory tests and diagnostic procedures performed . . . Rubella titer. If this is negative, rubella vaccine with appropriate counseling regarding timing of future pregnancies shall be offered to the patient after delivery and prior to discharge from the birth center . . . .”187
  • Administrative EnsureThere are no states with measles, mumps or rubella administrative ensure requirements for ambulatory care facility patients.

Ambulatory Care Facility Patient Vaccination Exemption Type

States with vaccination requirements for patients may explicitly permit exemptions from these requirements in certain circumstances,188 such as when vaccination is medically contraindicated or violates a person’s religious or philosophical beliefs.189 No state expressly permits medical, religious, or philosophical exemptions to MMR vaccination requirements for patients in ambulatory care facilities.

Ambulatory Care Facility Healthcare Worker MMR Vaccination Laws

Eleven states have measles, mumps, or rubella vaccination laws specific to ambulatory care facility healthcare workers.190

Ambulatory Care Facility Healthcare Worker Type

  • All Healthcare WorkersNine states have measles, mumps, or rubella vaccination laws for all ambulatory care facility healthcare workers in specified settings.191
    • Alaska law states that “[e]ach facility must have an employee health program that . . . requires evidence of immunization against rubella. . . .”192
    • Among other facility types, this law applies to free standing birth centers and ambulatory surgical facilities, which are types of ambulatory care facilities.193
  • Healthcare Workers with Specific Patient ContactThree states have measles, mumps, or rubella vaccination laws for healthcare workers who have specific patient contact.194
    • Under South Carolina law, in ambulatory surgical facilities, “[s]usceptible health care personnel with direct patient contact shall be required to provide proof of immunity to measles as described by the Advisory Committee on Immunization Practices.”195

Ambulatory Care Facility Healthcare Worker Vaccination Requirement Type

  • AssessmentEleven states have measles, mumps, or rubella vaccination assessment requirements for ambulatory care facility healthcare workers.196 Six states have measles vaccination assessment requirements;197 2 states have mumps vaccination assessment requirements;198 and 11 states have rubella vaccination assessment requirements.199
    • Pennsylvania law states that birth centers must collect “[e]vidence of a pre-employment examination, which shall include the results of a rubella antibody titer . . . .”200
    • Per District of Columbia law, “[a]n individual personnel record shall be maintained for each person employed by the maternity center and shall include, but not be limited to, the following . . . [e]vidence of a pre-employment examination, which shall include the results of a rubella antibody titer . . . .”201
  • Administrative OfferNo states require ambulatory care facilities to offer measles, mumps, or rubella vaccination to ambulatory care facility healthcare workers.
  • Administrative EnsureNine states have measles, mumps, or rubella administrative ensure requirements for ambulatory care facility healthcare workers.202 Five states have measles administrative ensure requirements;203 3 states have mumps administrative ensure requirements;204 and 9 states have rubella administrative ensure requirements.205
    • Massachusetts law states that “[p]rior to employment by the birth center each individual shall demonstrate evidence of immunization to rubella or shall receive a rubella vaccination prior to employment.”206
    • Under Arizona law, “[a]n administrator of a health care institution shall ensure that a paid or volunteer full-time or part-time worker at a health care institution does not participate in the direct care of a measles case or suspect case unless the worker is able to provide evidence of immunity to measles . . . .”207

Ambulatory Care Facility Healthcare Worker Vaccination Exemption Type

States with vaccination requirements for healthcare workers may explicitly permit exemptions from these requirements in certain circumstances,208 such as when vaccination is medically contraindicated or violates a person’s religious or philosophical beliefs.209

  • MedicalFour states permit medical exemptions for vaccination requirements,210 although even where not explicitly exempted by law, employees with a medically contraindicated condition are likely not required to be vaccinated.
    •  Per Alaska law, “[t]he requirements . . . may be waived if a physician signs a certificate that there are medical reasons that dictate that an employee should not be vaccinated against rubella.”211
  • ReligiousNo states permit religious exemptions for employees in ambulatory care facilities.
  • PhilosophicalSouth Carolina is the only state that permits philosophical exemptions.
    • Under South Carolina law, “[a]ll direct care staff shall have been vaccinated or have evidence of immunity for measles, rubella, and varicella prior to patient contact unless. . . offered and declined. ”212

Acknowledgments and Disclaimers This document was developed by Alexandra Bhatti, JD, MPH, contractor, Cherokee Nation Assurance, LLC; Lauren Tonti, JD, MPH Candidate 2018, Case Western Reserve University School of Law, Harvard T.H. Chan School of Public Health and Summer 2016 Extern; Dawn Pepin, JD, MPH, contractor, Cherokee Nation Assurance, LLC and; Aila Hoss, JD, former contractor, Carter Consulting, Inc., with the Public Health Law Program (PHLP) within CDC’s National Center for State, Tribal, Local, and Territorial Public Health Infrastructure and Workforce. This document was produced in collaboration with CDC’s National Center for Immunization and Respiratory Diseases. The authors thank Lindsay Culp, JD, MPH; Megan Lindley, MPH; Tara Ramanathan, JD, MPH; and Matthew Penn, JD, MLIS, for their research and editorial assistance.

For further technical assistance with this inventory, please contact phlawprogram@cdc.gov. PHLP provides technical assistance and public health law resources to advance the use of law as a public health tool. PHLP cannot provide legal advice on any issue and cannot represent any individual or entity in any matter. PHLP recommends seeking the advice of an attorney or other qualified professional with questions regarding the application of law to a specific circumstance. The findings and conclusions in this summary are those of the authors and do not necessarily represent the official views of CDC.

This menu includes states laws collected from WestlawNext, June 6–July 5, 2016.

Published February 6, 2018.

      1. Alexandra Stewart et al. Mandatory Vaccination of Health-Care Personnel: Good Policy, Law, and Outcomes, 53 Jurimetrics J. 341 (Apr. 2013).
      2. MC Lindley, GA Horlick, AM Shefer, FE Shaw & M Gorji. Assessing State Immunization Requirements for Healthcare Workers and Patients. Am. J. of Preventive Med. 32(6), 459–65, 460 (2007).
      3. Id.
      4. Id.
      5. Hepatitis B Vaccination, Centers for Disease Control and Prevention, (last visited Jan 30, 2017).
      6. Id.
      7. Viral Hepatitis B—Hepatitis B Information, Centers for Disease Control and Prevention, (last visited Jan 30, 2017).
      8. Vaccination of Infants, Children, and Adolescents, Centers for Disease Control and Prevention, (last visited Jan 30, 2017).
      9. Id.
      10. CDC Guidance for Evaluating Health-Care Personnel for Hepatitis B Virus Protection and for Administering Postexposure Management, Centers for Disease Control and Prevention, (last visited Jan 30, 2017).
      11. Id.
      12. Hepatitis in Healthcare Settings, Centers for Disease Control and Prevention, (last visited Feb 2, 2017).
      13. CDC Guidance for Evaluating Health-Care Personnel for Hepatitis B Virus Protection and for Administering Postexposure Management, Centers for Disease Control and Prevention, (last visited Jan 30, 2017).
      14. Id.
      15. Id.
      16. Id.
      17. Id.
      18. Alaska, Arkansas, District of Columbia, Illinois, Kansas, Maine, Michigan, New Jersey, Nevada, Ohio, Oklahoma, Rhode Island, South Carolina, Texas, Virginia, Washington, and West Virginia. See appendices 1–3 for citations.
      19. District of Columbia, Illinois, New York, Ohio, Oklahoma, and Texas. See appendices 1–3 for citations.
      20. CDC’s Public Health Law Program (PHLP) conducted a search for state statutes and regulations that establish express HepB vaccination requirements for healthcare workers and patients using WestlawNext, a legal research database. Searches were conducted in all states and the District of Columbia during January 5–20, 2016. This assessment did not capture state requirements that incorporate CDC vaccination recommendations by reference. Laws regarding childhood vaccinations, school vaccinations, immunization registries, post-exposure vaccinations, infants of hepatitis B surface antigen (HBsAg) positive + pregnant women, and individual healthcare provider requirements to vaccinate patients were not within the scope of this assessment.
      21. Note that there is a 2014 study in which the authors analyzed laws current through December 31, 2013, from US jurisdictions (50 states and the District of Columbia) related to HBV infection and HBsAg screening, including reporting requirements generally and for pregnant women specifically. Culp L., Caucci L., Fenlon N., Lindley M.C., Nelson N.P., Murpy T.V., (November 2016) Assessment of state perinatal hepatitis B prevention laws, American Journal of Preventive Medicine.
      22. Alaska, Arkansas, District of Columbia, Maine, Michigan, Oklahoma, Rhode Island, Texas, Washington, and West Virginia. See Appendix 1 for citations.
      23. Alaska, Arkansas, District of Columbia, Illinois, Kansas, Michigan, Nevada, Ohio, Rhode Island, South Carolina, Texas, Virginia, and Washington. See Appendix 2 for citations.
      24. Alaska, Arkansas, District of Columbia, Illinois, Kansas, Michigan, Nevada, New York, Ohio, Rhode Island, South Carolina, Texas, Virginia, and Washington. See Appendix 3 for citations.
      25. See, e.g., Code Ark. R. 007.05.17-3; Okla. Admin. Code 310:667-1-2; R.I. Code R. 31-1-13:1.0.
      26. Alaska, Arkansas, District of Columbia, Michigan, Maine Oklahoma, Rhode Island, Texas, and Washington. See Appendix 1 for citations.
      27. Okla. Admin. Code 310:667-5-4.
      28. 22-B DCMR § 207.
      29. W. Va. Code R. 64-82-2.
      30. District of Columbia, Oklahoma, and Texas. See Appendix 1 for citations.
      31. Texas. See Appendix 1 for citations.
      32. 25 TAC § 133.41.
      33. District of Columbia and Oklahoma. See Appendix 1 for citations.
      34. Okla. Admin. Code 310:667-13-5.
      35. Texas. See Appendix 1 for citations.
      36. 25 TAC § 133.41.
      37. District of Columbia, Oklahoma, and Texas. See Appendix 1 for citations.
      38. 22-B DCMR § 207.
      39. Oklahoma and Washington D.C. See appendix 1 for citations.
      40. Okla. Admin. Code 310:667-13-5.
      41. See, e.g., 22-B DCMR § 3222; Regs. Conn. State Agencies § 19-13-D8t; KRS § 209.552. Note that even where not explicitly exempted by law, it is likely that patients with a medically contraindicated condition are not required to be vaccinated.
      42. Philosophical exemptions include exemptions based on philosophical or personal beliefs or allowing the right to decline or refuse an immunization.
      43. District of Columbia and Oklahoma. See Appendix 1 for citations.
      44. Okla. Admin. Code 310:667-13-5.
      45. District of Columbia and Oklahoma. See Appendix 1 for citations.
      46. 22-B DCMR § 207.
      47. Oklahoma. See Appendix 1 for citations.
      48. Okla. Admin. Code 310:667-13-5.
      49. Washington D.C. See Appendix 1 for citations.
      50. 22-B DCMR § 207.
      51. Hepatitis B FAQs for Health Professionals, Centers for Disease Control and Prevention, (last visited Feb. 2, 2017).
      52. Id.
      53. Alaska, Arkansas, Michigan, Oklahoma, Rhode Island, Washington, and West Virginia. See Appendix 1 for citations.
      54. Alaska, Maine, Oklahoma, and West Virginia. See Appendix 1 for citations.
      55. Alaska Admin. Code tit. 7, § 12.650.
      56. Alaska Admin. Code tit. 7, § 12.600.
      57. Arkansas, Maine, Rhode Island, and Washington. See Appendix 1 for citations.
      58. Code Ark. R. 007.05.17-18.
      59. Alaska, Maine, Michigan, Oklahoma, Rhode Island, and Washington. See Appendix 1 for citations.
      60. Wash. Admin. Code § 296-823-13005.
      61. Arkansas, Maine, Michigan, Oklahoma, Rhode Island, Washington, and West Virginia. See Appendix 1 for citations.
      62. Code Me. R. tit. 10-144 Ch. 264, § 2.
      63. Code Me. R. tit. 10-144 Ch. 264 § 1.
      64. Alaska, Maine, and Rhode Island. See Appendix 1 for citations.
      65. R.I. Code R. 31-1-22:3.0.
      66. See, e.g., 22-B DCMR § 3222; Regs. Conn. State Agencies § 19-13-D8t; KRS § 209.552. Note that even where not explicitly exempted by law, it is likely that patients with a medically contraindicated condition are not required to be vaccinated.
      67. Philosophical exemptions include exemptions based on philosophical or personal beliefs or allowing the right to decline or refuse an immunization.
      68. Maine, Michigan, Rhode Island, and Washington. See Appendix 1 for citations.
      69. R.I. Code R. 31-1-22:3.0.
      70. Maine. See Appendix 1 for citations.
      71. 22 M.R.S.A. § 802.
      72. Maine, Michigan, Rhode Island, and West Virginia. See Appendix 1 for citations.
      73. 22 M.R.S.A. § 802.
      74. Nursing Home and Assisted Living (Long-Term Care Facilities [LTCFs]), Centers for Disease Control and Prevention, (last visited Feb. 01, 2017). PHLP did not consider the following facilities to be long-term care facilities regardless of the level of nursing care offered: assisted living facilities, substance abuse treatment facilities, rehabilitation facilities, adult day care centers, hospice care facilities, home health agencies, health facilities for developmentally disabled persons, rest homes, and group homes. 210 Ill. Comp. Stat. Ann. 45/1-113.
      75. See, e.g., 210 Ill. Comp. Stat. Ann. 45/1-113.
      76. Alaska, Illinois, Maine, Michigan, New Jersey, Rhode Island, South Carolina, Texas, Washington, and West Virginia. See Appendix 2 for citations.
      77. 210 ILCS 45/2-213.
      78. ME ADC 10-144 Ch. 264, § 2.
      79. Code Me. R. tit. 10-144 Ch. 264, § 1.
      80. N.J. Admin. Code 8:39-20.1.
      81. N.J. Admin. Code § 8:39-1.2.
      82. 210 Ill. Comp. Stat. Ann 45/2-213.
      83. 210 Ill. Comp. Stat. Ann 45/2-213.
      84. 210 Ill. Comp. Stat. Ann 45/2-213.
      85. Alaska, Maine, Michigan, New Jersey, Rhode Island, South Carolina, Texas, Washington, and West Virginia.  See Appendix 2 for citations.
      86. Alaska, Maine, New Jersey, and West Virginia. See Appendix 2 for citations.
      87. N.J. Amin. Code 8:39–20.1.
      88. N.J. Admin. Code § 8:39-1.2.
      89. Michigan, Rhode Island, South Carolina, Texas and Washington. See Appendix 2 for citations.
      90. S.C. Code Ann. Regs. 61-17.
      91. Alaska, Maine, Michigan, Rhode Island, South Carolina, Texas, and Washington. See Appendix 2 for citations.
      92. Alaska Admin. Code tit. 7, § 12.650.
      93. Alaska Admin. Code tit. 7, § 12.600.
      94. Maine, Michigan, New Jersey, Rhode Island, Texas, Washington, and West Virginia. See Appendix 2 for citations.
      95. 40 Tex. Admin. Code § 19.1601.
      96. Alaska, Maine, Rhode Island, and South Carolina. See Appendix 2 for citations.
      97. S.C. Code Ann. Regs. 61-17.
      98. See, e.g., 22-B DCMR § 3222; Regs. Conn. State Agencies § 19-13-D8t; KRS § 209.552. Note that even where not explicitly exempted by law, it is likely that patients with a medically contraindicated condition are not required to be vaccinated.
      99. Philosophical exemptions include exemptions based on philosophical or personal beliefs or allowing the right to decline or refuse an immunization.
      100. Maine, Michigan, Rhode Island, South Carolina, and Washington. See Appendix 2 for citations.
      101. Wash. Admin. Code 296-823-13005.
      102. Maine. See Appendix 2 for citations.
      103. 22 M.R.S.A. § 802.
      104. Maine, Michigan, Rhode Island, South Carolina, Texas, and West Virginia. See Appendix 2 for citations.
      105. S.C. Code Ann. Regs. 61-17.
      106. Guide to Infection Prevention for Outpatient Settings: Minimum Expectations for Safe Care, Centers for Disease Control and Prevention, (last visited Dec. 31, 2015).
      107. See, e.g., Ill. Admin. Code tit. 77, § 265.1050; Nev. Rev. Stat. Ann. § 449.0046; Ohio Admin. Code 3701-83-23; Code Ark. R. 007.05.2-3.
      108. Alaska, Arkansas, District of Columbia, Illinois, Kansas, Michigan, Nevada, New York, Ohio, Rhode Island, South Carolina, Texas, Virginia, and Washington. See Appendix 3 for citations.
      109. 25 Tex. Admin. Code§ 117.33.
      110. 7 AAC 12.650.
      111. 7 AAC 12.600.
      112. District of Columbia, New York, Ohio, and Texas. See Appendix 3 for citations.
      113. New York, Ohio, and Texas. See Appendix 3 for citations.
      114. Ohio Admin. Code 3701-83-23.4.
      115. District of Columbia. See Appendix 3 for citations.
      116. 22-B DCMR § 207.
      117. New York, Ohio, and Texas. See Appendix 3 for citations.
      118. N.Y. Comp. Codes R. & Regs. tit. 10, § 420.4.
      119. Ohio, Texas, and Washington D.C. See Appendix 3 for citations.
      120. 25 Tex. Admin. Code § 117.33.
      121. District of Columbia and New York. See Appendix 3 for citations.
      122. 22-B DCMR § 207.
      123. 22-B DCMR § 299.
      124. See, e.g., 22-B DCMR § 3222; Regs. Conn. State Agencies § 19-13-D8t; KRS § 209.552. Note that even where not explicitly exempted by law, it is likely that patients with a medically contraindicated condition are not required to be vaccinated.
      125. Philosophical exemptions include exemptions based on philosophical or personal beliefs or allowing the right to decline or refuse an immunization.
      126. See Appendix 3 for citations.
      127. 22-B DCMR § 207.
      128. See Appendix 3 for citations.
      129. 22-B DCMR § 207.
      130. See Appendix 3 for citations.
      131. 22-B DCMR § 207.
      132. Alaska, Arkansas, District of Columbia, Illinois, Kansas, Michigan, Nevada, Ohio, Rhode Island, South Carolina, Texas, Virginia, and Washington. See Appendix 3 for citations.
      133. Alaska, Nevada, Ohio, Texas, Virginia, and Washington. See Appendix 3 for citations.
      134. Alaska Admin. Code tit. 7, § 12.650.
      135. Alaska Admin. Code tit. 7, § 12.600.
      136. Arkansas, District of Columbia, Illinois, Kansas, Michigan, Rhode Island, South Carolina, and Washington. See Appendix 3 for citations.
      137. S.C. Code Ann. Regs. 61-91.1502.
      138. Alaska, District of Columbia, Illinois, Michigan, Nevada, Ohio, Rhode Island, South Carolina, Texas, and Washington. See Appendix 3 for citations.
      139. Wash. Amin. Code 296-823-17005.
      140. Arkansas, Michigan, Nevada, Ohio, Rhode Island, Texas, Virginia, and Washington. See Appendix 3 for citations.
      141. Ohio Admin. Code 3701-83-23.4.
      142. Alaska, District of Columbia, Illinois, Kansas, Rhode Island, and South Carolina. See Appendix 1 for citations.
      143. 22-B DC ADC § 2615.9.
      144. See, e.g., 22-B DCMR § 3222; Regs. Conn. State Agencies § 19-13-D8t; KRS § 209.552. Note that even where not explicitly exempted by law, it is likely that patients with a medically contraindicated condition are not required to be vaccinated.
      145. Philosophical exemptions include exemptions based on philosophical or personal beliefs or allowing the right to decline or refuse an immunization.
      146. Michigan, Rhode Island, South Carolina, and Washington. See Appendix 3 for citations.
      147. S.C. Code Ann. Regs. 61-91.1502.
      148. District of Columbia, Illinois, Kansas, Michigan, Rhode Island, and South Carolina. See Appendix 3 for citations.
      149. K.A.R. 28-4-1312.
      150. Note that even where not explicitly exempted by law, it is likely that patients with a medically contraindicated condition are not required to be vaccinated.
      151. Philosophical exemptions include exemptions based on philosophical or personal beliefs or allowing the right to decline an immunization.
      152. Note that Alaska Admin. Code tit. 7, §12.650 specifically identifies the type of hospitals that the law is applicable to: general acute care hospital, rural primary care hospital, long-term acute care hospital, critical access hospital, and specialized hospitals.
      153. Note that Ark. Admin. Code 007.05.17-18 refers to hospitals and related institutions.
      154. Note that Ark. Admin. Code 007.05.10-18 specifically refers to critical access hospitals.
      155. Note that 10-144 CMR Ch. 264, § 2 states that “Designated Healthcare Facilities shall make available the Hepatitis B vaccine to all health care workers with a risk of occupational exposure, at no cost to the employee,” not all employees. However, it requires that all employees provide “proof of immunization or documented immunity against . . . Hepatitis B.”
      156. Note that Mich. Admin. Code R. 325.70013 refers to Category A employees, which is defined in 325.70003 to consist of “occupations that require procedures or other occupation-related tasks that involve exposure or reasonably anticipated exposure to blood or other potentially infectious material or that involve a likelihood for spills or splashes of blood or other potentially infectious material. This includes procedures or tasks conducted in nonroutine situations as a condition of employment.”
      157. Note that Tex. Admin. Code tit. 25, § 133.41 pertains to hospitals that provide renal dialysis services.
      158. Note that 207.8 states that a “newborn may be exempted from vaccination if [t]he newborn’s mother tested negative for HBsAg . . . .”
      159. Note that even where not explicitly exempted by law, it is likely that patients with a medically contraindicated condition are not required to be vaccinated.
      160. Philosophical exemptions include exemptions based on philosophical or personal beliefs or allowing the right to decline an immunization.
      161. Note that 10-144 CMR Ch. 264, § 2 states that “Designated Healthcare Facilities shall make available the Hepatitis B vaccine to all health care workers with a risk of occupational exposure, at no cost to the employee,” not all employees. However, it requires that all employees provide “proof of immunization or documented immunity against . . . Hepatitis B.”
      162. Note that even where not explicitly exempted by law, it is likely that patients with a medically contraindicated condition are not required to be vaccinated.
      163. Philosophical exemptions include exemptions based on philosophical or personal beliefs or allowing the right to decline an immunization.
      164. Note that N.Y. Comp. Codes R. & Regs. tit. 10 § 420.1 states that CAHP (Consumer Assessment of Healthcare Providers and Systems) are programs approved at facilities established under article 28 of the Public Health Law that provide the full range of ambulatory care clinical services.
      165. Note that 22-B DCMR §207.8 states that a “newborn may be exempted from vaccination if [t]he newborn’s mother tested negative for HBsAg . . . .”
      166. Note that 22-B DCMR § 2615 refers to “maternity center personnel” and 22-B DCMR § 2699 defines maternity center as “a facility or other place, other than a hospital or the mother’s home, that provides antepartal, intrapartal, and postpartal care for both mother and newborn infant during and after normal, uncomplicated pregnancy.”

Appendix 1: Hospital Measles, Mumps, and Rubella Vaccination Laws

Appendix 2: Long-Term Care Facility Measles, Mumps, and Rubella Vaccination Laws

Appendix 3: Ambulatory Care Facility Measles, Mumps, and Rubella Vaccination Laws

To see a combined version of these tables, please open the PDF[180KB] version of the document.

Published February 6, 2018.

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