New York State Mandated Vaccinations

Armygirl7 · Oct 4, 2009

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....

hypocaffeinemia, BSN, RN · Oct 4, 2009

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.

Armygirl7 · Oct 4, 2009

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!

amms · Oct 4, 2009

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!!

tewdles, RN · Oct 4, 2009

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?

CrunchyMama, ASN, RN · Oct 4, 2009

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 · Oct 5, 2009

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!

CrunchyMama, ASN, RN · Oct 5, 2009

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.

Armygirl7 · Oct 5, 2009

"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.

CrunchyMama, ASN, RN · Oct 5, 2009

Then I can understand why these nurses are suing. It's against the law to force someone to get vaccinated....doesn't matter where the person works or goes to school. :/ How ridiculous! If someone can die or have a serious reaction to a vaccine....the law protects them. The hospital should honor that. Or if it's against someones religous beliefs because of the aborted fetal tissue or other animal products in the vaccine...the law protects them. And again the hospital should honor that. We have freedom of religion and should have freedom of choice in this country, why because it's a hospital should it be any different?

tewdles, RN · Oct 6, 2009

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".