COVID-19 Vaccine Mandate for Healthcare Workers: What We Know Now

• Healthcare facilities throughout the country are beginning to mandate the COVID-19 vaccine, showing proof of vaccination, or implementing weekly screenings for its employees.
• Regardless of your stance, it is vital that we stay up to date on what is going on state-by-state.
• Curious about your state’s COVID-19 vaccine requirements? Keep reading.

Are you a healthcare professional? 

Are you currently in a hospital or practice that is mandating a COVID-19 vaccine for employment?  

Regardless of if you agree or disagree, or whether you have been vaccinated or not, it is important that we stay up to date on what is going on across the country. Here, we are going to lay down the facts regarding the COVID-19 vaccine mandate for health professionals and what we know right now.

The Situation

On February 1, 2021, there were more vaccinated U.S. citizens than there were infected with the COVID-19 virus; however, things have drastically changed since then. 

According to the Centers for Disease Control and Prevention (CDC), the COVID-19 Delta variant (B.1.617.2) was first detected in the U.S. in March 2021, and has proven to spread quicker than any other variant, resulting in a recent spike in infection rates and hospitalizations. 

In an attempt to control the spread of the virus, various state officials that are home to some of the largest metropolitan cities in the country have lobbied for both city and state employees to provide either proof of vaccination, a mandated vaccination, or an agreement to weekly screenings prior to entering their place of work. The following information is what we know so far:  

Mandated Vaccinations or Testing

July 26, 2021: Mayor of New York City, NY, Bill de Blasio, announces that all city employees are required to get vaccinated or take weekly screenings for the virus.  

July 26, 2021: The U.S. Department of Veteran Affairs (VA) Office of Public and Intergovernmental Affairs issued a statement requiring mandatory vaccines for Title 38 VA healthcare workers.  

*This includes physicians, dentists, podiatrists, optometrists, registered nurses, physician assistants, expanded-function dental auxiliaries, and chiropractors.  

July 27, 2021: Mayor of Los Angeles, CA, Eric Garcetti, announces that all city employees are required to be vaccinated.  

August 1, 2021: California Governor Gavin Newsom, requiring proof of vaccination or weekly screenings for all healthcare workers and state employees. 

August 5, 2021: Kentucky Governor, Andy Beshear, announces that several of the largest healthcare facilities in the state will now be requiring employees to receive the COVID-19 vaccine.

(Last updated: August 6, 2021)

Current State-by-State Legislation

Currently, the National Academy for State Health Policy (NASHP) lists over 100 introduced bills throughout the U.S. involving the vaccine mandate, here are just a few that have been enacted: 

• Arkansas: This measure prohibits the state, state agencies and entities, political subdivisions of the state, and state and local officials from requiring an individual to receive an immunization or vaccine against COVID-19. 
• Arizona: This measure requires employers to provide reasonable accommodation to employees with sincerely held religious beliefs, practices, or observances that prevent the employee from taking the COVID-19 vaccination unless the accommodation would pose an undue hardship and more than a de minimus cost to the operation of the employer’s business. 
• Montana: This measure prohibits discrimination based on vaccination status. This includes prohibiting an employer to refuse employment to a person, to bar a person from employment, or to discriminate against a person in compensation or in a term, condition, or privilege of employment, as well as denying educational opportunities based on the person’s vaccination status or whether the person has an immunity passport. 
• New Hampshire: This measure states that employers may only mandate medical treatment or immunization as a condition of employment when a “direct threat” exists. A “direct threat” is defined as a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. Additionally, the bill prohibits any government agency or political subdivision, including school districts and school administrative units, from compelling an individual to receive an immunization for COVID-19 or provide proof of vaccination to secure, receive, or access any public facility, any public benefit, or any public service from the state. 
• North Dakota: This measure prohibits a state government entity or any of its subdivisions, agents, or assigns from requiring documentation, whether physical or electronic, for the purpose of certifying or otherwise communicating an individual’s vaccination status; the presence of pathogens, antigens, or antibodies; or an individual’s post-transmission recovery status before providing access to state property, funds, or services. 
• Tennessee: This measure prohibits a state agency, department, or political subdivision (including a school district) from adopting or enforcing a requirement to receive an immunization, vaccination, or injection for COVID-19. 
• Utah: This measure prohibits a government entity (including the State Board of Education, the Utah Board of Higher Education, an institution of higher education; and a school district) from directly or indirectly requiring an individual to receive a COVID-19 vaccine authorized for emergency use as a condition of employment or participation in an activity of the governmental entity. 

The Controversy

The endorsement of mandated vaccinations for healthcare workers by the CDC, local and state governments is aimed at protecting the public’s safety.

As of June 23, one in five hospital workers nationwide had not been vaccinated, and one in three healthcare workers among the nation’s 50 largest hospitals had also not been vaccinated.  

When the CDC planned the initial COVID-19 vaccine rollout, healthcare workers were prioritized in receiving it first with the intention of protecting them as they continued working on the front lines. This also served as an opportunity to promote leadership from healthcare workers and encourage the public to receive a vaccination as soon as it was available to them. 

Today, the controversy revolves around the question of whether the idea of mandating vaccinations, providing proof of vaccination, or requiring screenings prior to entering a facility is a violation of healthcare workers’ rights or it is within reason. 

States will continue to push out legislation regarding this issue, so be sure that you are staying up to date with what regulations are being made and how they may impact your facility.  

And as always, stay safe, and stay healthy.  

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