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Originally Posted by Kevin
Alright Greekchat legal scholars, here's one for ya, and this is as good a thread as any to ask this.
I have a client who is a healthcare worker who is being required by her employer, a private hospital, to get the swine flu vaccine as a condition for future employment. She is afraid of the side effects and doesn't want the vaccine. What the hell kind of legal argument does she have?
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I'm not a legal scholar, but I have worked in the health care industry my entire career. I know that there are certain things that are required either on hire or annually, including the MMR vaccine. During the employment physical you are tested for antibodies against mumps, rubella and rubeola and if you don't have them, you have to get a vaccine before you can return to work. I believe they've added chicken pox to that regime. We also have to get annual TB tests or, if there is some sort of issue with the TB test, then a chest x-ray to check for TB. They strongly encourage everybody to get a flu vaccination annually and are strongly encouraging the H1N1 vaccine also, but we can sign a paper that says we refuse. If you refuse, you aren't eligible for worker's compensation if you have contact with H1N1 patients at work and get it.
I am under the impression that the MMR, chicken pox and TB thing are all required of hospitals under public health codes and JCAHO accreditation requirements. That might be a place to look to start to look for information on whether the hospital has a choice in this or not.
Interesting article that may give you something to help...
http://www.naturalnews.com/027313_Ne...alth_care.html