1. Healthcare Organizations Do Not Have the Right to Mandate Flu Vaccines to Employees
Roger Anderson, Leslie Burgy, Margie Pokorski, & Carolyn Sucaet LDR 650 Medical Law

2. OVERVIEW EMPLOYEE PERSPECTIVE POSITION STATEMENT WHY MANDATE?
HISTORY OF FLU VACCINES, MANDATES, AND PRECEDENTS
WHY MANDATE?
EMPLOYEE PERSPECTIVE
VIOLATION OF PERSONAL FREEDOM AND CHOICE
NURSES AGAINST MANDATORY VACCINES -YOUTUBE VIDEO
CONCLUSION

3. POSITION STATEMENT
Healthcare Organizations Do Not Have the Right to Mandate Flu Vaccines to Employees
Corrective Action, Termination
Hospital Flu Vaccine Mandate
Applicable Laws, Regulatory Agency Positions, Research, and Ethical Theories Support Our Position

4. HISTORY OF FLU VACCINES, MANDATES, AND PRECEDENTS
History of Vaccines
Jacobson v. Massachusetts, Seminal Case in immunization and Public Health Law, ruled that protecting public health took precedence over an individual’s freedom of choice
Government agencies do not mandate nor do they recommend that hospitals implement mandatory flu vaccines for their employees
The Joint Commission
The Centers for Disease Control (CDC)
U.S. Equal Employment Opportunity Center (EEOC)
The Occupational Safety and Health Administration (OSHA)

5. EMPLOYEES ASK WHY MANDATE?
Low Effectiveness
CDC 2012/13 56% effectiveness rate
Measles 99% effectiveness rate
Rubella 95-99% effectiveness rate
Unsupported Transmittal Rate

6. EMPLOYEE PERSPECTIVE Hospital Fears Respondeat Superior
Employee Consent is Coerced
HIPAA violation not an issue
Alternatives (e.g. masks) do provide obvious indicator which does constitute a privacy violation

7. VIOLATION OF PERSONAL FREEDOM AND CHOICE
Healthcare workers have the right to make informed, voluntary choices regarding vaccines
The National Vaccine Information Center (NVIC) does not advocate for or against vaccines but defends the right to exercise informed consent to medical risk-taking
IOM acknowledges an increased susceptibility for certain individuals that have unidentified genetic or other biological high risk factors for an adverse response

8. VIOLATION OF PERSONAL FREEDOM AND CHOICE
Mandatory vaccination policies without exemption penalizes those holding religious and conscientious objections to vaccination
Civil Rights Act, Title VII
Provides exemption for religious beliefs
2014 Class action lawsuit filed in Michigan
Pregnant nurse fired for refusing vaccination

9. NURSES AGAINST MANDATORY VACCINES (NAMV) YOUTUBE VIDEO 1-25-14

10. NO MANDATES FOR FLU VACCINES!
CONCLUSION
Legal Status is Tenuous
Civil rights & religious challenges
Privacy challenges
Questionable efficacy
No legal mandate in most states
Affordable Care Act Standard
Impacts financial incentives!!
OUR POSITION:
NO MANDATES FOR FLU VACCINES!

11. REFERENCES
Center for Disease Control. (n.d.). Influenza vaccination information for health care workers. Retrieved from Childs, D., & Kansagra, S. (2007, September 20). 10 health advances that changed the world. ABC News. Retrieved from Coughlin, C. N., King, N. M., & Kemper, K. (2010). When doctors become "patients": Advocating a patient-centered approach for health care workers in the context of mandatory influenza vaccinations and informed consent. Wake Forest Law Review. Wake Forest Law Review Association, Inc. Health Impact News. (2013). Are Mandatory Flu Vaccines for Healthcare Workers part of Obamacare and Linked to Financial Reimbursement to Healthcare Facilities? Retrieved February 25, 2014, from Health Impact News: Are Mandatory Flu Vaccines for Healthcare Workers part of Obamacare and Linked to Financial Reimbursement to Healthcare Facilities? Kong, S. (2011). A winter predicament global uptake of the flu jab is low but, argues susie kong, compulsory vaccination is not the answer to cutting infection. Nursing Management,18(7), 9.

12. REFERENCES
Law Offices of James Elsman. (2014, January 24). PR Newswire. Retrieved February 12, 2014, from PR Newswire Services: law-offices-of-james- elsman-announces-suit-nurse-refuses-shots----sues-hospital-federal-and-state- governments-for claiming-flu-shots-have-many-dangers-and-questionable- advantages html Malloy, A. (2013, December 29). Pregnant nurse: I was fired for refusing flu vaccine. CNN Health. Retrieved from Mastroianni, Peggy R. (2012, March 5). Title vii: Religious Accomodation. EEOC informal discussion letter, 1-5. Retrieved from religious_accomodation.html Mercola, J. (2012). Tell your doctor: If you don’t show me this, you’re breaking the law. Retrieved from vaccine-exempt.qspx National Vaccine Advisory Committee (NVAC). (2011, September 13-14). National Vaccine Advisory Committee (NVAC) September 13–14, 2011, Meeting Minutes . Retrieved February 25, 2014, from United States Department of Health and Human Services: nvpo/nvac/meetings/pastmeetings/nvac_meeting201109_certified-minutes.pdf

13. REFERENCES
Randall, L., Curran, E., & Omer, S. (2013). Legal considerations surrounding mandatory influenza vaccination for healthcare workers in the united states. Vaccine, 31,
Newswire. (2012). Joint commission r3 report explains new flue vaccine requirements. Healthcare Purchasing News, 36(7), 6.
Ottenberg, A., Wu, J., Poland, G., Jacobson, R., Koenig, B., & Tilburt, J. (2011, February). Vaccinating health care workers against influenza: The ethical and legal rationale for a mandate. American Journal of Public Health, 101(2),
Perry, J., & Prenkert, J. (2013). Clarifying the ethics and law of healthcare employee flu shot refusals. Retrieved from of-healthcare-employee-flu-shot-refusals
Randall, L., Curran, E., & Omer, S. (2013). Legal considerations surrounding mandatory influenza vaccination for healthcare workers in the united states. Vaccine, 31,
Showalter, J. S. (2012). The law of healthcare administration (6th ed.). Chicago, Illinois: Health Administration Press.
Williams, K. L. (2013, May). The variable efficacy of current influenza vaccines result in mandatory flu vaccination policies for heatlh care workers being difficult to justify. Health Law Perspectives: University of Houston Law Center. Retrieved from