New York State Mandated Vaccinations

U.S.A. New York

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Hey everyone,

Considering that flu vaccines are being mandated here in NY (which includes H1N1 in addition to the regular flu vacc), does anyone know of any groups taking action against this? I've been reading up on this issue here on the boards and over the web and I'm wondering if anyone has any additional information. Basically, I am looking to see if anyone has raised the issue of this being against our rights at a legislative level (regardless of whether you are for or against the vaccs). Has anyone heard of any legal action being taken? (individually or not) Other than just arguing opinions and justifications, I want to know how this is being handled considering there is (in my belief) a violation of personal rights.

:confused::confused::confused:

amms

Specializes in ED.

from tewdles: " as far as i can see there is no mandate from cdc or from us dept health and human services for the h1n1 vaccination."

right. which is one of the things nysna brings up in their letter and testimony because there is a mandate in ny state. this is a ny state doh mandate - not an individual employer mandate. you copy? so.....that's why everyone is watching ny to see how are the hospitals going to handle this. are you up to date with what is actually going on here in ny?

while i believe that employer mandates in the absence of cdc recommendations for such are overreaction, i also believe that mischaracterizing the nature of an employer mandate is "overreacting".

where has anyone in this thread mischaracterized the nature of this unprecedented state mandate?

do you work or go to school in ny? did your program director tell you if you don't get vaccinated you can't continue in the program because you will not be allowed into clinicals??

because mine did.

so where is the mischaracterization? also- i don't know how hospitals will handle the number of employees who refuse -- that's why i ask those questions, that's why nysna is asking those questions. what will the hospital do about employees who refuse? where is there any level of "mischaracterization" in that question??

seriously - the original poster asked "does anyone know about any groups taking action against this?" and so i am sharing my actual experience with what is actually happening here to me in ny!!

so do you know about any groups taking action against this? please share!

Perhaps I am missing something...as far as I can see there is NO MANDATE from CDC or from US Dept Health and Human Services for the H1N1 vaccination. It appears that the mandates are individual, state, or regional but not national. And, I am not finding anything thing that reveals "get the shot or get fired" ultimatums...only the "get the shot or wear the mask, etc" type of mandates. While I believe that employer mandates in the absence of CDC recommendations for such are overreaction, I also believe that mischaracterizing the nature of an employer mandate is "overreacting".

It's been on our news quite frequently. Area nurses are making a big deal out of it....which they should! The CDC may not have mandated it for every state but apparently NY has. My prof even stated that she knows a lot of different nurses from different hospitals that are upset about it. Whether they roll over and take it or will they fight it is another issue though.

Specializes in PICU, NICU, L&D, Public Health, Hospice.

Please don't misunderstand...I believe that threatening a nurse with termination if the H1N1 vaccine is refused is wrong on many levels. THAT is my point in stating that there is NO NATIONAL mandate...the state and the employers are overreacting! Additionally, if people are stating that they are threatened with dismissal when in fact they are being required to wear masks or some other "remedy" for not vaccinating, then they ARE mischaracterizing. Allowing unvaccinated student nurses into clinical areas is quite another issue.

Please don't misunderstand...I believe that threatening a nurse with termination if the H1N1 vaccine is refused is wrong on many levels. THAT is my point in stating that there is NO NATIONAL mandate...the state and the employers are overreacting! Additionally, if people are stating that they are threatened with dismissal when in fact they are being required to wear masks or some other "remedy" for not vaccinating, then they ARE mischaracterizing. Allowing unvaccinated student nurses into clinical areas is quite another issue.

So since there's no national mandate, is it legal for states to mandate this vaccine? Not asking you specifically....perhaps I should forward this question to a lawyer, lol. I don't know....I just think this whole thing is ridiculous and being blown way out of proportion! I personally don't know the exact words of these employers but from what I've seen from news reporters and from articles online is that their jobs are being threatened if they refuse the vaccine. I'm not sure how you feel about student nurses being vaccinated but going by your last sentence, I'm assuming you think they/we should be? I'm a student nurse and I don't think we should be "required" to get the vaccine either. We all should be able to make the decision for ourself and not have some scared employer freak everyone out and demand everyone get vaccinated. I hope I'm not seeming like I'm directing my frustrations at you....I'm just putting my opinions out there and my disgust with our society when it comes to topics like these. :banghead:

Specializes in PICU, NICU, L&D, Public Health, Hospice.

CrunchyMama...whether or not students are "required" to get the vaccine is a completely different legal and ethical question. Students are not employees of the school or of the facilities in which they train. There is a legal responsibility and accountability on the part of the school to provide for the safety of the patients, staff, and visitors who come into contact with the students. This, of course, includes things like determining that the student is not going to expose pregnant women to varicella, infants to pertussis, sick people to TB, etc. The schools in the "overreacting" states are in a bit of a pickle, how do they justify mandating something that is only recommended by the CDC yet not trample on the civil liberties of their clients (the students)? If only there were simple answers to these questions...

Specializes in ED.

Updated info from NYSNA:

Coalition Opposes Mandate:

http://www.nysna.org/practice/h1n1/coalition_ltr.htm

Updated info from NYSNA:

Coalition Opposes Mandate:

http://www.nysna.org/practice/h1n1/coalition_ltr.htm

Awesome!! So does this have to be approved by the governor?

CrunchyMama...whether or not students are "required" to get the vaccine is a completely different legal and ethical question. Students are not employees of the school or of the facilities in which they train. There is a legal responsibility and accountability on the part of the school to provide for the safety of the patients, staff, and visitors who come into contact with the students. This, of course, includes things like determining that the student is not going to expose pregnant women to varicella, infants to pertussis, sick people to TB, etc. The schools in the "overreacting" states are in a bit of a pickle, how do they justify mandating something that is only recommended by the CDC yet not trample on the civil liberties of their clients (the students)? If only there were simple answers to these questions...

I understand the concern of the schools and the hospitals, I really do. But frankly, I'm more concerned of catching something from patients (they're the ones there for a reason). What makes more sense is vaccinating every patient that rolls in the door. It's a hard situation and I'm sure this national discussion will be going on for awhile.

Specializes in PICU, NICU, L&D, Public Health, Hospice.

People admitted to hospitals SHOULD be offered vaccinations as a routine practice...while there are some good reasons not to vaccinate folks with acute illnesses, there are many people who could safely be offered and receive vaccines prior to discharge. Think in terms of the elderly hip replacement patient, etc. It would be unwise, however, to simply vaccinate "every patient that rolls in the door". Proper screening is always indicated prior to vaccine administration and acute illness can ALWAYS be an acceptable reason to forego immunization. Much of that is based upon professional, clinical judgement.

However, there is no vaccine remedy for those who come into the hospital with active influenza infection. That person will put all unvaccinated contacts at risk for infection. Elective admissions sometimes have prodromal illnesses.

So student nurses are in a very tough situation...your school must already insure that your patients are not put at risk by the very fact that you are learning how to provide nursing care and by unintentional spread of vaccine preventable disease (most of which are covered by our immigration policies and required/recommended childhood vaccination schedule). Throw a novel influenza bug that is potentially very dangerous into the mix and the school is in a very difficult position. If they mandate vaccination they may get sued for violation of civil rights, if they don't and an unvaccinated student spreads the disease to a patient...they may get sued. As well, how does the school of nursing convince any hospital or nursing home to allow the students access to the patients if the students are not vaccinated but the employees are mandated to be?

I, for one, am glad that this is not a difficult choice for me. I work in hospice so my work exposure to the H1N1 virus is relatively low, but my personal exposure and risk is quite high...I attend a good sized church, I shop in grocery and department stores, I visit regularly with my elementary school aged granddaughter...etc...all in an urban setting. It will be interesting to see what the "peak" of the H1N1 season looks like.

Specializes in Peds.
Updated info from NYSNA:

Coalition Opposes Mandate:

http://www.nysna.org/practice/h1n1/coalition_ltr.htm

Do you happen to have a date for this? I cannot open the link to the actual letter. I have about 6 or 7 weeks until I will be pretty much forced to get the vacc (or lose my job)....I'm desperately holding out, hoping something may change before then. I'm also writing a paper on this whole ordeal so all information pertaining to the actual opposition to the mandate is very helpful so, thank you for participating in this discussion!:yeah:

And once again, the issue is being debated on the general forums (they are really good, check them out!), but I would really like to keep this thread as an information source as to the updates and current status of the mandate in New York State.

-amms!

Specializes in PICU, NICU, L&D, Public Health, Hospice.

I am so horrified that people are potentially LOSING THEIR JOBS over this issue!

To live in a country that requires free citizens to inject substances into their bodies is the next step towards imperialism. No, I will not recieve the shot and I WILL quit my job and move if the law comes to my door. Your body is your temple and ONLY you own it and are responsible for it. Bye bye big brother!

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