Hospital Requiring Employees to take H1N1 Vaccine

Nurses General Nursing

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Just wanted to get some thoughts on a hospital requiring all employees who have contact with patients to take the H1N1 Vaccine. Thoughts about this being REQUIRED. If an employee refuses, they have to wear a mask for the entire flu season from the moment they walk on hospital grounds until they leave?

Thoughts would be greatly appreciated.

Dea

Specializes in Family Practice.

Just curious...are all these hospitals requiring the visitors to wear masks as well??

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I'm wondering if the OP is working for a clinic system in my area that is requiring all employees to get the vaccine or wear a mask? There has been alot of discussion on the subject here and the general concensus is this is BS. How can an employer require you to receive a vaccine or wear, essentially, a scarlet letter that says that you are a non-conformist, allergic to a component of the vaccine, or are infact immuno-compromized or live with someone that is.

Lets see....I walk into a patient room with a mask on and the patient asks me why. I tell him it's because I didn't get the H1N1 vaccine - and he wants to know why. What should I say....I have aids, my husband is going through chemo, I'm allergic to eggs, or it's none of your business. What if I have a religeous conviction against getting the vaccine but I have a patient that needs a tdap - how do I explain that?

I think they can STRONGLY recommend it, but to make it mandatory or else?!?! I can see the lawyers lining up right now.

Apparently the e-mail server for the clinic monstrosity/monopoly in our area is overrun with flaming e-mails about this very subject.

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Just curious...are all these hospitals requiring the visitors to wear masks as well??

No, just "ALL STAFF" safe zones that don't require a mask are the lobbies, outside the building, and the cafeteria. I am quoting the email received. Additionally, the mask requirement will be for direct patient care providers who have not been immunized will be required to wear a mask unless in the safe zone.

Progressive discipline process for those who do not comply are First occurance - written warning, Second occurance - mandatory 2 day suspension and Third occurance - termination. Once again, I am quoting the email.

Dea

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Specializes in NICU, Post-partum.
I am in nursing school right now and my program is requiring us to get the H1N1 vaccine when it comes out. I'm not too happy about it since I don't even get the regular flu shot if I have a choice (we are made to get that as well). I just don't think it's right to REQUIRE someone to do anything regarding their body and health, especially since the flu vaccine is such a crapshoot. If data showed that there were no risks and there had been significant trials proving its safety and it was at least 80% effective, that might persuade me to get it. But why should I get something that might potentially harm me or not even work? I know someone who almost died of resp failure from Guillan Barre syndrome from the last swine flu vax in the 1970s and she still suffers from some paralysis and loss of sensation. Maybe this makes me a little biased, but why risk it? Anyway, I have to do it in order to pass my classes but under any other circumstance, I wouldn't get it.

If they are telling you that you do not have a choice, then the school is breaking the law.

If you are attending a public school, YOU DO have a choice.

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Specializes in ED.
I am in nursing school right now and my program is requiring us to get the H1N1 vaccine when it comes out. I'm not too happy about it since I don't even get the regular flu shot if I have a choice (we are made to get that as well). I just don't think it's right to REQUIRE someone to do anything regarding their body and health, especially since the flu vaccine is such a crapshoot. If data showed that there were no risks and there had been significant trials proving its safety and it was at least 80% effective, that might persuade me to get it. But why should I get something that might potentially harm me or not even work? I know someone who almost died of resp failure from Guillan Barre syndrome from the last swine flu vax in the 1970s and she still suffers from some paralysis and loss of sensation. Maybe this makes me a little biased, but why risk it? Anyway, I have to do it in order to pass my classes but under any other circumstance, I wouldn't get it.

Is this a public school?

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No, it's not a public school, it's a community college where I take my nursing classes. They have made it pretty clear that we either get the vaccinations or fail our clinicals.

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Specializes in Peds Hem, Onc, Med/Surg.

I would 100% refuse this year. No way I am taking a new vaccine; take it and risk who knows what side effects? No way Jose! Give me a couple years and I will think about it.

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Specializes in Nursing Professional Development.
If they are telling you that you do not have a choice, then the school is breaking the law.

If you are attending a public school, YOU DO have a choice.

Why do you believe the legal issues surrounding the influenza vaccines are different than those regarding the vaccines for measles, mumps, rubella, tetorifice, and varicella? Those vaccines have been mandatory for many years. Students and employees are also required to get a PPD.

Regardless of what you may think about getting the vaccine, I don't see a reason for the legalities to be different for the different vaccines.

Do you also refuse to get the other vaccines?

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Why do you believe the legal issues surrounding the influenza vaccines are different than those regarding the vaccines for measles, mumps, rubella, tetorifice, and varicella? Those vaccines have been mandatory for many years. Students and employees are also required to get a PPD.

Regardless of what you may think about getting the vaccine, I don't see a reason for the legalities to be different for the different vaccines.

Do you also refuse to get the other vaccines?

dont know about legal difference, but the ones you cite have a hx of effectiveness and reasonable safety....the flu shot is a crap shoot every year, more so, i would think, this year.....

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I have doubts about whether any school can MANDATE vaccination. What if a student is allergic to a component, or has religious reasons for refusing? We have lots of working nurses who have good reasons for not being vaccinated, they went to school SOMEWHERE, didn't they?

Anyone know?

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Well at my school, where I am being forced to get both the flu shot and H1N1, anyone who is allergic to eggs must have a written note from their doctor and anyone who is a certain religion who is against the vaccines also have to show some kind of proof of their faith, such as a letter from a parish leader or whatever. I thought about just saying I have an egg allergy but I have gotten other vaccines before and I dont think I could find a doctor to write me a note saying I was allergic when I'm not. And I'm not a Jehovah's Witness or anything, so I couldn't get exempt there either. Anyway, those they can't get H1N1 are required to wear a facemask while at clinical sites.

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Specializes in ED.
Why do you believe the legal issues surrounding the influenza vaccines are different than those regarding the vaccines for measles, mumps, rubella, tetorifice, and varicella? Those vaccines have been mandatory for many years. Students and employees are also required to get a PPD.

Regardless of what you may think about getting the vaccine, I don't see a reason for the legalities to be different for the different vaccines.

Do you also refuse to get the other vaccines?

It does matter because there are different, better, legal arguments you can mount against a state school. Most state laws also require private schools to make an exception for certain religious or other objections (probably because it would be unconstitutional otherwise). However, I doubt there is any special law regarding flu vaccines. The mandate from the school probably has no statutory base, which might actually make it easier to challenge. You might be able to challenge an order for vaccination on religious grounds even if you are not religious, by arguing that the rule is prima facie unconstitutional because it does not allow for religious exemptions. But to overcome standing, you might want to get a religious person to fight it with you. She stated that she didn't got to a public school, but that she went to a community college. Most "community colleges" are by definition public institutions. You could also make a general privacy argument against a state school for mandatory vaccines. The Supreme Court uses a general "reasonableness" standard. The original case was against the smallpox vaccine. Swine flu is a far punt from smallpox. I suppose it might be possible to convince a federal judge to order an injuction by arguing that the swine flu vaccine is experimental and not a reasonble mandatory vaccine. However, this might be unlikely since you are still making a choice to go to school... but this sort of thing is interesting to think about, no?

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