How The Mandatory H1N1 Vaccine Administration Affects NYS EMS Providers

Posted by David at 1 October, 2009, 9:00 am

There has recently been discussion in the news about New York State mandating that healthcare providers receive the H1N1 Vaccination. Title: Subpart 66-3 – Health care facility personnel – influenza vaccination requirements provides the following definition for “Personnel” affected by the mandation:

(b) “Personnel” means all persons employed or affiliated with a healthcare facility, whether paid or unpaid, including but not limited to employees, members of the medical staff, contract staff, students, and volunteers, who either have direct contact with patients or whose activities are such that if they were infected with influenza, they could potentially expose patients, or others who have direct contact with patients, to influenza;

Preventing Swine FluThis verbage essentially requires private and hospital based EMS services (31 agencies in New York City alone) to vaccinate their EMTs and Paramedics since they would be considered as either employed by the healthcare facility or contracted by them. Volunteer agencies and municipal agencies are not included in this verbage and are therefore exempt from the state mandation.

State Health Commissioner Richard F. Daines M.D. wrote an open letter on the subject, and was responded to with an open letter from a group of healthcare workers against the mandatory vaccinations. With the verbage of the law being pretty clear, EMTs and Paramedics will have direct contact with patients throughout a healthcare facility in the performance of their duties, and are therefore included.

I know that there are alot of people upset by this. Some are upset because they have lost the choice to decide for themselves. Some are upset because they don’t feel the vaccine is safe, have families they need to provide for, and can’t afford for something to go wrong. I truly understand both these positions and I can understand the strong desire to want to decline.

It’s important to remember that this is NOT being mandated by the services, but by the State Government. There are plenty of precedents to the government doing something like this, such as the polio and rubella vaccine requirements to attend elementary school. While there are religious and medical exemptions available for those vaccines and it may very well be possible to get a medical exemption for this vaccine, where does that put you? This has been declared a pandemic situation so just because you get a medical exemption from receiving the vaccine does not mean that healthcare facilities need to let you in to care for their patients. How are you going to do your job (and get paid) to provide for your family then?

Honestly, I think this is overkill. I think the signing of this bill illustrates why Governor David Patterson has an approval rating practically in the negatives. Personally I will be letting my vote for whoever decides to be his opponent speak as to my displeasure of his draconian methods. Until then, when the vaccine is available and since I’m mandated to get it, then I’ll take it.

Chances of this law getting overturned? Slim to none. Of course, if healthcare workers were really serious about protesting this… they would organize a Facebook Group just like the EMS Professionals Against NBC’s Trauma… because you know… it may be a bad thing to force treatment onto someont… but it’s a worse thing when medics are hot blondes.

NYS Health Care Personnel Influenza Vaccination Requirements

NYSDOH Health Advisory H1N1 Vaccine

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Category : Alerts | First Responder | News | Politics and Policies
  • I would expect that there is some way of compensating people who are not able to get vaccinated, but are prohibited from working, because they cannot get vaccinated.
  • I think it is reasonable to expect that as well, but apparently the Governor hasn't thought the same.
  • 150 years ago, doctors were upset that they were being told to wash their hands between patients. Semmelweis was able to document that hand washing dropped fatalities tremendously, but many doctors still opposed doing something to protect patients.

    Nobody has given any good reason to suspect that there is any problem with the vaccine, but this opposition is not about taking care of patients. There does not appear to be any concern for the patients.
  • You are right, as usual, that there is no good reason to believe this vaccine will cause any complications beyond what we can already expect from the seasonal flu vaccine. I think that whole issue is more of a raised alarmist panic with no substantial evidence behind it.

    My biggest problem with this type of mandate is that if for some reason someone is not medically eligible (egg allergies is an exclusion) or cannot for legitimate religious reasons (joining the Cult of McCarthy is excluded), there really is no alternative option (other than wearing an N-95 respirator your entire workday) for healthcare workers to support their families.
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