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Legal considerations surrounding mandatory influenza vaccination for healthcare workers in the United States.
Vaccine. 2013 Apr 03; 31(14):1771-6.V

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 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.

Authors+Show Affiliations

Minnesota Department of Health, United States. lisa.randall@state.mn.usNo affiliation info availableNo affiliation info available

Pub Type(s)

Journal Article
Review

Language

eng

PubMed ID

23415931

Citation

Randall, Lisa H., et al. "Legal Considerations Surrounding Mandatory Influenza Vaccination for Healthcare Workers in the United States." Vaccine, vol. 31, no. 14, 2013, pp. 1771-6.
Randall LH, Curran EA, Omer SB. Legal considerations surrounding mandatory influenza vaccination for healthcare workers in the United States. Vaccine. 2013;31(14):1771-6.
Randall, L. H., Curran, E. A., & Omer, S. B. (2013). Legal considerations surrounding mandatory influenza vaccination for healthcare workers in the United States. Vaccine, 31(14), 1771-6. https://doi.org/10.1016/j.vaccine.2013.02.002
Randall LH, Curran EA, Omer SB. Legal Considerations Surrounding Mandatory Influenza Vaccination for Healthcare Workers in the United States. Vaccine. 2013 Apr 3;31(14):1771-6. PubMed PMID: 23415931.
* Article titles in AMA citation format should be in sentence-case
TY - JOUR T1 - Legal considerations surrounding mandatory influenza vaccination for healthcare workers in the United States. AU - Randall,Lisa H, AU - Curran,Eileen A, AU - Omer,Saad B, Y1 - 2013/02/14/ PY - 2012/11/22/received PY - 2013/01/23/revised PY - 2013/02/01/accepted PY - 2013/2/19/entrez PY - 2013/2/19/pubmed PY - 2014/2/13/medline SP - 1771 EP - 6 JF - Vaccine JO - Vaccine VL - 31 IS - 14 N2 - 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 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. SN - 1873-2518 UR - https://www.unboundmedicine.com/medline/citation/23415931/Legal_considerations_surrounding_mandatory_influenza_vaccination_for_healthcare_workers_in_the_United_States_ L2 - https://linkinghub.elsevier.com/retrieve/pii/S0264-410X(13)00155-2 DB - PRIME DP - Unbound Medicine ER -