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LEGAL ALERT! - Judge Signs Temporary
Restraining Order Preventing Implementation and
Enforcement of Flu Vaccination Mandate for Health Care
Workers |
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On October 16, 2009, an
Albany Supreme Court Judge signed a temporary
restraining order (TRO) placing a temporary ban on the
implementation and enforcement of the recent New York
Department of Health (DOH) regulation mandating certain
health care facilities to vaccinate their health care
workers. The TRO specifically restrains the Commissioner
of DOH, DOH, the State Hospital Review and Planning
Council, the Governor, and the State of New York from:
(1) implementing or enforcing 10 NYCRR 66-3 (the
“Regulation”), (2) authorizing or requiring others to
use or act upon the Regulation, or (3) otherwise taking
any action against or with respect to any health care
personnel in New York State or any other individuals who
might be adversely affected by the application of the
Regulation. The TRO will be in effect until the Court
makes a final determination as to the resolution of the
matter, and a hearing is scheduled for October 30, 2009
Therefore, until the TRO is lifted, health care
facilities are not mandated to require vaccinations of
their staff as a condition of employment. However,
health care facilities may still require staff to stay
home or refrain from reporting to work until the episode
has passed if the individual exhibits symptoms of the
flu. For TRO
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