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Legal considerations surrounding mandatory influenza vaccination for healthcare workers in the United States
L.H. Randalla, Corresponding author contact information, E-mail the corresponding author, E-mail the corresponding author, E-mail the corresponding author,
E.A. Curranb,
S.B. Omerb
a Minnesota Department of Health, United States
b Hubert Department of Global Health, Rollins School of Public Health, Emory University, Atlanta, GA, United States
http://dx.doi.org/10.1016/j.vaccine.2013.02.002
Abstract
Recent years have brought increased focus on the desirability of vaccinating more healthcare workers against influenza. The concern that novel 2009 H1N1 influenza A would spark a particularly severe influenza season in 2009?2010 spurred several institutions and one state to institute mandatory vaccination policies for healthcare workers, and several new mandates have been introduced since then. Some healthcare workers, however, have voiced objections in the media and in legal proceedings. This paper reviews the biological and epidemiological characteristics of influenza and how it is transmitted in the healthcare setting; surveys possible constitutional, administrative, and common law arguments against mandates; assesses the viability of those arguments; and identifies potential new legal strategies to support influenza vaccine mandates. It is intended to assist those involved in the regulation and administration of public and private healthcare institutions who may be considering approaches to mandates but have concerns about legal challenges.
Highlights
► We review concerns regarding mandated influenza vaccination for healthcare workers. ► We assess viability of these concerns and identify possible legal arguments. ► We identify potential new legal strategies to support influenza vaccine mandates. ► Arguments against mandated vaccination in a non-unionized workforce seems unsound. ► We recommend mandating vaccination upon hiring or contract renewal (for unions).
http://www.sciencedirect.com/science/article/pii/S0264410X13001552
L.H. Randalla, Corresponding author contact information, E-mail the corresponding author, E-mail the corresponding author, E-mail the corresponding author,
E.A. Curranb,
S.B. Omerb
a Minnesota Department of Health, United States
b Hubert Department of Global Health, Rollins School of Public Health, Emory University, Atlanta, GA, United States
http://dx.doi.org/10.1016/j.vaccine.2013.02.002
Abstract
Recent years have brought increased focus on the desirability of vaccinating more healthcare workers against influenza. The concern that novel 2009 H1N1 influenza A would spark a particularly severe influenza season in 2009?2010 spurred several institutions and one state to institute mandatory vaccination policies for healthcare workers, and several new mandates have been introduced since then. Some healthcare workers, however, have voiced objections in the media and in legal proceedings. This paper reviews the biological and epidemiological characteristics of influenza and how it is transmitted in the healthcare setting; surveys possible constitutional, administrative, and common law arguments against mandates; assesses the viability of those arguments; and identifies potential new legal strategies to support influenza vaccine mandates. It is intended to assist those involved in the regulation and administration of public and private healthcare institutions who may be considering approaches to mandates but have concerns about legal challenges.
Highlights
► We review concerns regarding mandated influenza vaccination for healthcare workers. ► We assess viability of these concerns and identify possible legal arguments. ► We identify potential new legal strategies to support influenza vaccine mandates. ► Arguments against mandated vaccination in a non-unionized workforce seems unsound. ► We recommend mandating vaccination upon hiring or contract renewal (for unions).
http://www.sciencedirect.com/science/article/pii/S0264410X13001552