Mandatory Flu vaccine

CrunchRN, ADN, RN · Sep 1, 2009

Yep. Unless you are union it is "at will" employment, and you are essentially a guest as a student with even less protection.

ukstudent · Sep 1, 2009

Up to the age of 18 the State is mandated by law to provide education, after that there is no right to higher education such as nursing school. There is also no right to work or there wouldn't be almost 10% unemployment right now.

Now if you have a documented reason against vaccines, did not get any of the required vaccines prior to nursing school and was still allowed to start then you have a chance for being able to say no. Like I said there are two reasons allowed, medical and religous, for not getting it.

caroladybelle, BSN, RN · Sep 3, 2009

Since it's the law....can they really deny me to do clinicals or for an employee to work there? Doesn't sound right and I don't think they can do that. Just like the schools can't deny my child from going to school because of me refusing vaccines. I mean, I'm assuming it's the same things...but I'll find out.

Hospitals can use any reason to bar you from doing clinicals there. The school is a "guest" there and in most cases, isn't even paying to use their facilities.

As far as employment, most hospitals require a physical, as well as a drug test. If you are found not physicaly able to do the job or that reasonable accomodations will not allow to do the job, you are out of luck. In many areas, various medical facilities have areas of immunosuppression/or areas with high risks of infection , and it can be reasonably be argued that to use an unimmunized staffer would pose an undue risk to the staff member's health or pts health.

An acquaintance of mine was working in disease research....part of which requires working in level 1-4 biohazard labs. When found that she was unable to tolerate some vaccines, she was effectively barred from working in several of those labs -they absolutely required vacccination against many of the diseases that they worked with.

Ironically, she was permitted to work in level 4 - all diseases with very high lethality, however none of the illnesses had available vaccines. Thus the vaccine issue was moot.

While there are places in nursing that probably permit unvaccinated individuals to work, I expect that they are fewer in number than they used to be. And given that some facilities are refusing to hire people who smoke, and they are getting increasingly sued if pts develop new illnesses while hospitalized, I don't think that trend will change.

CrunchyMama, ASN, RN · Sep 5, 2009

up to the age of 18 the state is mandated by law to provide education, after that there is no right to higher education such as nursing school. there is also no right to work or there wouldn't be almost 10% unemployment right now.
now if you have a documented reason against vaccines, did not get any of the required vaccines prior to nursing school and was still allowed to start then you have a chance for being able to say no. like i said there are two reasons allowed, medical and religous, for not getting it.

every state offers waivers. people just don't know about them....this includes for college so the law isn't only talking about people under 18. my college states this even on their website....but i had to really look for it under the "these vaccines are required before admission" crap. this site breaks it down state by state. state vaccine requirements - national vaccine information center

IndigoCarmine · Sep 7, 2009

The problem is if healthcare workers are mandated by the state for flu vaccines, it sets the stage for the swine-flu vaccine to be required as well. A rush-job if ever there was one. Not a lot of testing. Not a lot of confidence. No liability on the part of the manufacturers thanks to the PREP Act of '06.

Next thing you know, it'll be mandated for the whole population.

THAT'S the problem.

And I'm not even one of those conspiracy-theory-types!

truejewel82 · Sep 17, 2009

I'm so disgusted by this issue. To think that I've spent so much time and money taking care of my body by taking anti-oxidants, staying away from aluminum products and cancer causing agents...just to be obligated to take a shot containing formeldahyde, mercury, ether and a dead form of influenza...makes me sick! Go ahead and fire me but don't take my rights away.

I'm going to attempt to get a doctors note and I have to Novemeber or else they are threatening to fire people. I don't know what else I could do..... :no:

sassysteph7 · Sep 17, 2009

I was talking to a friend of mine who lives in Brandon, FL and she told me that at her hospital if you don't 'volunteer' to get the flu shot that they are threatening to make people wear a mask until flu season is over....LMAO I'd wear a mask and when people ask me why I'd tell them the truth. Then I'd probably get fired for having a bad attitude.

Julia RN · Sep 17, 2009

The New York State Department of Health adpoted this as an emergency regulation on August 13- see:

http://www.health.state.ny.us/diseases/communicable/influenza/seasonal/providers/health_care_personnel_influenza_immunization_requirements.htm

The power to implement mandatory vaccination rests with the states, not the federal government and there are no religious exemptions in NYS for this rule (only a few specific medical exemptions).

This is an emergency rule, good for 90 days and will expire on 11/10 but the state intends to mke it a permanent rule. This process will require a hearing. No hearing date is set as of now, so public comments are not being actively solicited.

However, you can and should still write or call the commissioner of the NYSDOH with your concerns. The rule can be modified or reversed through the adoption of an additional emergency rule.

Contact the Commissioner-

Richard Daines, MD

New York State Department of Health

Corning Tower

Empire State Plaza,

Albany, NY 12237

518-474-2011

You should cc the governor :

David A. Paterson

State Capitol

Albany, NY 12224

518-474-8390

And also be sure to cc the

Office of Regulatory Reform (GORR) by email [email protected]

Put the ID # of the Rule - I.D. No. HLT-35-09-00007-E in the subject line of the email

MeganNYRN · Sep 20, 2009

At my hospital they are going to "suspend" anyone that doesn't get the vaccine. I feel that we have an obligation to our patients to do what we can to keep the flu out of the hospital. I got my shot yesterday, I hope many follow that path. For those of you that are students hospitals can make you do whatever they want you are guests, at my school we had to get FBI background checks with fingerprinting because a few hospitals started to require it. You may not like it but thats the way it is for now.

miwukman · Sep 20, 2009

Do not worry about these mandatory flu shot's, I mean how else is big brother going to get those chips in you to keep an eye on everything you do. (dang it,my tin foil pyramid just fell off my head)

:coollook: :bugeyes:

noreenl · Sep 21, 2009

I can't understand all this paranoia about flu shots!! It's a new vaccine every year!!! I want to protect my self and my disabled husband; not to mention the disabled students my nurses care for on a daily basis in NYC!!

IndigoCarmine · Sep 21, 2009

I think "paranoia" is a harsh word. For me, my issue is a lack of responsibility and a lack of liability. I don't like the idea of getting any shot or med and having no recourse if something goes terribly wrong. I'll admit that considering the massive number of people who for the swine flu vaccine in '76, very few people developed Guillain-Barre, and even fewer still died.

But Jeez, I sure don't want to be one of those few! Who would?

The fact is more people died from that freakin' shot than died from that strain of flu that year.

There's no doubt in my mind that habing healthcare workers get the flu vaccine is to set in motion the plan to vaccinate the whole country. I'm not saying the government is trying to kill us all, I'm only saying that flu vaccines are tricky at best and there is no good reason to believe that the new swine flu vaccine will be any different.

The manditory flu shot for healthcare workers in NYS is NOT a law yet, but the wheels are in motion, for certain. It's an "emergency regulation" set to expire November 11th. It cannot become a law without a public forum, for which, no surprise, no date has been set for.