Gov. David Paterson announced on Thursday evening, Oct. 22, that the New York State Department of Health was suspending the emergency regulation requiring healthcare personnel to be immunized against both the seasonal flu and the H1N1 flu.
According to a news release issued by the governor's office, the rule was being lifted because of the shortage of vaccines in the state. It did not indicate when and if enforcement of the regulation would be resumed. A temporary restraining order imposed by a State Supreme Court justice in Albany County had already stopped enforcement of the regulation. Hearings on preliminary injunctions were scheduled for next week in both Albany and New York City.
“We are relieved that the health department has recognized that the flu vaccine must first be made available to those who need it most – children, young adults, and pregnant women,” said Tina Gerardi, RN, chief executive officer of the New York State Nurses Association. “The suspension of the regulation also gives us the opportunity to work with the department to develop an effective program to prevent the spread of influenza in hospitals and other healthcare settings.”
NYSNA opposed mandatory vaccinations as both an infringement of workers’ rights and an ineffective means of preventing the transmission of influenza from workers to patients. The association has advocated for voluntary immunization of healthcare personnel, coupled with comprehensive infection control policies and procedures.
The Nurses Association has posted an online Nursing Practice Alert on the H1N1 virus.