Mandatory Vaccines and the Law.

[Jo Dirt]

I got through LPN school, ASN school, and two jobs (one in a major hospital on the tele floor) declining the hepatitis B vaccine. Now, I am trying to arrange clinicals for the BSN program and the person in admissions is telling me I must have the HBV vaccine before I can be admitted into any healthcare facilities.

I know this is not true, but I'm easily intimidated (not a good trait but it's my nature) and now I'm upset over this woman giving me a hassle.

I'm not wanting to debate whether or not a person should have this vaccine. I just want to know if anyone knows the name of the law or where it can be found where a person has the right to reject vaccinations.

I've signed a waiver every time and with no trouble or "you should really do this" from anyone. Now, this secretary is giving me a lot of trouble.

[hypocaffeinemia, BSN, RN]

Laws vary state by state. My children are also partially vaccinated; in Vermont there is a moral/philosophical waiver allowed, so anyone can sign a waiver form and enroll their kids in public school. Other states allow only religious or medical waivers, and some allow only medical waivers.

This link has a map indicating laws by state. Unfortunately, GoLytely, it only applies to children. I took a quick look around the site, but couldn't find anything about immunization law and adults. Good luck!

http://909shot.com/state-site/state-exemptions.htm

It only applies to children because childhood education is mandatory. There is nothing mandatory about specific college programs or clinicals at specific hospitals.

[Booty Nurse, BSN]

Here is a link to CDC information about immunization law in Tennessee.

http://www2a.cdc.gov/nip/StateVaccApp/statevaccsApp/Administration.asp?statetmp=TN

It seems that Hep B vaccine is not required for hospital employment in TN, but there are two states which do require it (ME and AK)

http://www2a.cdc.gov/nip/StateVaccApp/statevaccsApp/AdministrationbyVaccine.asp?Vaccinetmp=Hepatitis%20B

[MIcrunchyRN]

LOL! Over my dead body. My child is partially vaccinated and I simply signed a waiver form before enrolling her in school. In public school, a child cannot be "turned away" for not being vaxed. However, private institutions (schools, companies, hospitals, etc.) can set their own rules concerning immunization.

I will try and find links...it was sad and happened earlier this year...in maryland i think.

[**noname**]

Here is the link that states who must get the vaccination.....as always, if there is a medical or religious reason to refuse the vaccine, that would need to be documented and the vaccine would be waived.

http://www.mass.gov/Eeohhs2/docs/dph/cdc/factsheets/hepatitis_b.pdf

[Jolie, BSN]

I will try and find links...it was sad and happened earlier this year...in maryland i think.

If I remember correctly, this involved parents who refused vaccines for reasons other than medical or religious exemptions. I believe Maryland law allows exemptions only for these reasons, so the parents who objected for other reasons (such as personal preference) either had to lie and claim a religious exemption, or keep their children out of public school.

There was a thread here at Allnurses on this case. I'll hunt and see if I can find it.

[MIcrunchyRN]

HEre is link

http://www.msnbc.msn.com/id/21839294/

A friend of mine had to go to court because she chooses not to vaccinate.

[Jo Dirt]

Show me the statute, then. Title VII makes no mention of vaccination status.

Also, even if Title VII mentioned vaccination, it isn't discrimination if it's a job requirement-- for instance, males can't claim discrimination in hiring as a dancer at a strip club.

That is what I am asking you all. I know it is there, I just don't know where.

I've never had to give a religious reason for refusing the HBV. I did have to have a pastor write a letter for my children to get into public school.

When I got a job at St. Thomas I just signed a waiver. Same for where I work now and when I went to nursing school.

I am certain this secretary does not know what she is talking about because I faced the same dilemma when I went to LPN school. They told me in NO uncertain terms would I be allowed in ANY medical facility without being vaccinated because vaccines were THE LAW and I must have mine.

This had me really upset and when I talked to the director all she did was pull out the waiver for me to sign. A lot of people are ignorant and never question things like this.

[picurn10]

yes vaccines are the law, but exemptions are also the law as well! I've heard of cases where even members of the military were able to be exempt from vaccines which is a tough hill to climb. Just check your states laws, and what your rights are. ALL states have exemptions, it's just a matter of which kind your particular state has.

My experience has been that most people assume it's the law to vaccinate and that's the end of the story. I've had to download copies of the law in order to provide to daycare workers etc...

[hypocaffeinemia, BSN, RN]

Show me the statute, then.

That is what I am asking you all. I know it is there, I just don't know where.

The statutes pertaining to employment discrimination are the Civil Rights Act of 1967, the Americans with Disabilities Act, and the Pregnancy Non-discrimination act . None of these give protection for those who choose not to vaccinate. So like I said, there's no federal protection from a workplace (which a hospital where you do clinicals is) discriminating on that basis.

Now on a state by state basis, as has been shown above, there can required vaccines. There may also be state statutes that prevent discrimination on the basis of vaccination status. I highly doubt it, but I'm not a lawyer and even a lawyer isn't familiar with other state's laws as they vary so much.

Finally, even if there is no state requirement for vaccinations, schools and workplaces can create and enforce their own requirements. There is nothing anywhere (see above) that prevents them from doing this, and-- perhaps more importantly-- they have a legitimate reason for requiring the vaccinations. Just like a strip club has a legitimate (I believe the term used in the Civil Rights Act is "bona fide") reason to refuse to hire male dancers, hospitals and universities have legitimate reasons for requiring vaccinations. This means it's not even discriminatory under a legal definition-- even if vaccination discrimination was illegal.

Now you may disagree with how necessary vaccinations are, but that's a moot point. If I disagreed with having to wear pants to my job I couldn't very well file a discrimination suit when I'm not hired and/or fired as a result of it.

I am certain this secretary does not know what she is talking about because I faced the same dilemma when I went to LPN school. They told me in NO uncertain terms would I be allowed in ANY medical facility without being vaccinated because vaccines were THE LAW and I must have mine.

Vaccinations may or may not be the law depending on your state, as shown above. Even if they aren't the law, it may be hospital or school policy.

This had me really upset and when I talked to the director all she did was pull out the waiver for me to sign. A lot of people are ignorant and never question things like this.

I hate to offend you, but I think you're acting a bit victimish here. If this is a dealbreaker for you, you should shop around and find a different program instead of wondering if you're being legally discriminated against, which you are not.

[CuriousMe]

I know that my letter of admission to nursing school (BSN program) said that my admission was conditional pending the completion of a checklist full of items. The checklist included proof of vaccinations.

I would try and speak to someone besides the secretary at your school and find out what the school's policy is.

Peace,

CuriousMe

[Jo Dirt]

Finally, even if there is no state requirement for vaccinations, schools and workplaces can create and enforce their own requirements. There is nothing anywhere (see above) that prevents them from doing this, and-- perhaps more importantly-- they have a legitimate reason for requiring the vaccinations.

And there are legitimate reasons for having the waiver, too.

I know that there is a law that says doctors are supposed to explain risks associated with vaccines and give the parents the option of declining the vaccinations but they rarely do this. I also know there is a government vaccine database showing adverse reactions of vaccines and they actually compensate parents of children who have become harmed or who have died from vaccinations.

Since this is a federal database I was thinking the laws associated with refusing the vaccinations were, too.

I hate to offend you, but I think you're acting a bit victimish here. If this is a dealbreaker for you, you should shop around and find a different program instead of wondering if you're being legally discriminated against, which you are not.

Well, smack me, then. I'm not feeling like a victim and didn't mean to come across that way. My apologies.

[Vito Andolini]

That is what I am asking you all. I know it is there, I just don't know where.

I've never had to give a religious reason for refusing the HBV. I did have to have a pastor write a letter for my children to get into public school.

When I got a job at St. Thomas I just signed a waiver. Same for where I work now and when I went to nursing school.

I am certain this secretary does not know what she is talking about because I faced the same dilemma when I went to LPN school. They told me in NO uncertain terms would I be allowed in ANY medical facility without being vaccinated because vaccines were THE LAW and I must have mine.

This had me really upset and when I talked to the director all she did was pull out the waiver for me to sign. A lot of people are ignorant and never question things like this.

So why not skip the secretary and go to the director of this school, too?