New York State Mandated Vaccinations

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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.

    amms
    ToxicShock likes this.
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  3. 44 Comments so far...

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    I for one sent a letter to the NY Civil Liberties Union this past week asking what my rights are and how it is that this mandate can be legal since NY is not in a state of emergency.

    They only reply by mail so if/when I hear anything from them I will post it here.

    Also take a look at the NYSNA open letter to Dr. Richard Daines the Commissioner of the NY DOH. NYSNA has testified and come out in opposition to this mandate. While they encourage all Nurses to get the vaccine they believe a mandate is an extreme measure that will have an adverse effect on healthcare workers jobs, and set a dangerous precedent for the future. They also question the DOH's infection control measures - asking if the DOH is counting on vaccination and skimping on proven infection control methods - pointing out the shortage of fit-tested N-95respirators available in hospitals.

    check it out:
    http://www.nysna.org/news/h1n1_protection.htm

    also there is more info on the website about the mandatory vaccination:
    http://www.nysna.org/

    There was a protest in Albany on Tuesday.

    That's all I know so far....
    RNsckofit and canoehead like this.
  5. 0
    I'm not sure if a job requirement can be counted as an impeachment of civil liberties. If it were mandated for all citizens, you might have a case.

    For now, it's no more a violation of your civil liberties than it is the state requires a RN license to work as a registered nurse.
  6. 3
    Well for me it has to do with equal access (14th amendment issue) to education since I am a Nursing student and the vaccine is mandated for us to enter the clinical area and if I don't receive it I get dropped from my program. I haven't made a decision yet, but the fact of the "mandate" isn't leaving me much option. I had a severe reaction to the flu shot in 2002...and I still got the flu!!!

    Hypo, I see a big difference between a required license (which does not enter my body) and a mandated vaccine - so I guess I don't get your comparison.

    Anyhoo the original poster was asking about if any groups are taking action against this versus the mandate so that's why I shared my current experience - not here to debate the law with non-lawyers!
    Muttlover, canoehead, and rnnowalways like this.
  7. 1
    Armygirl, thanks for the links! I did check out the ACLU website to see if anything was noted there, but I was unsuccessful. I also did hear about the protest before the scheduled date, but heard nothing of it after it occurred. Writing to the ACLU was a great idea, I may just do so myself as well....thanks for the input all!

    Also if anyone happens to come across any additional info, please post!!
    Armygirl7 likes this.
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    Somebody just posted (on another thread) a call for nurses objecting to the vaccine mandate to organize a "blue flu" sort of protest. Given that the "blue flu" was cops protesting, perhaps this should be a "white flu", or "puke green", or some "nursing" color?
    Armygirl7 likes this.
  9. 1
    Armygirl....our state offers medical or religious exemptions. So if you've had a reaction to this vaccine then you can have your Dr. fill out the form. To those not wanting to get this vaccine....like I said, we're offered religous or medical exemptions. Unfortunately philosophical reasons aren't offered in NY. :/
    Armygirl7 likes this.
  10. 0
    Yeah - I know about medical exemption- but the mandate means I will not be allowed in the clinical area if I am not vaccinated. If I am not allowed in the clinical area then I am dropped from my program. Unless I find a legal way to fight that....which is what I'm looking into.

    That's one of NYSNA's complaints about the mandate-- what will it mean for the jobs of all the Nurses who have a medical expemption? Also the DOH is being cagey about whether they will accept religious exemptions in relation to this mandate. I mean, of course - one can refuse the vaccine. But will you have a job? Will you be able to stay in school? How will healthcare facilities deal with staffing, etc? Those are some of the questions NYSNA is (thankfully) raising.

    Thanks!
  11. 0
    There's laws that protect those that have exemptions...so by law they should've give you a problem. And if they do, call a lawyer. I don't give certain vaccines to my kids and by law their school has to except waivers....it's the same thing.
  12. 0
    "it's the same thing."

    except this time it's not the same thing! because the doh has mandated the vaccine, the hospitals have to adhere to a different level of compliance - again, a person can refuse the vaccine, but then the hospital will not be allowed by the state to allow that nurse, or any healthcare worker or staff even! (or student in my case) to have any patient contact.

    that's what's different about this situation and that's why nysna and lots of health care workers are up in arms. it's different this time, there are no exceptions for medical or religious reasons, meaning again- you can refuse the shot but then what is the hospital or school supposed to do with you!!? they cannot, by law, because of this mandate, allow unvaccinated employees/students to be in patient contact.

    all the other states are watching this very closely - because it is really an unprecedented/intense situation here in ny.

    thanks though - i do appreciate the encouraging words - there is just (so far) no work-around this time.


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