State Health Commish: Want The Job? Get The H1N1 Shot

Photo by Jeff Roberson/AP

While hypochondriacs are worried about shortages of the H1N1 flu vaccine, Poughkeepsie nurse Suzanne Field is turning her nose up at a chance to score the injection. Not only is she opting out of a free vaccination for health care workers—mandated in September by the New York state health commissioner—she's also intent in making sure no other healthcare worker is subject to the needle. Her lawsuit to overturn the regulation is being heard today at the State Supreme Court in Manhattan.

Field argues the regulation, which says that "most doctors, nurses, and health aides get a vaccine for both seasonal flu and the new swine flu if they want to stay on the job" is "arbitrary and capricious" because no other state is making up such rules. Her lawyer said, "It's up to the Legislature to invoke such broad and sweeping police power."

Assemblyman Rory I. Lancman, who is in fact a legislator and the chairman of the workplace safety subcommittee, isn't too sure about the regulation either, especially because of the H1N1 virus' “relatively mild nature” for most people infected, "Before I can support the government ordering people to inject medicine into their bodies, I want to see clear and convincing evidence that the vaccine will be safe and effective for each individual taking it, and necessary to protect human life."

NYCLU executive director Donna Lieberman said requirement violated the constitutional right of health care workers to control their bodies and their medical treatment.

Contact the author of this article or email tips@gothamist.com with further questions, comments or tips.

By Ellen T in News on October 14, 2009 1:58 PM

Comments [rss]

dadoc

Oh, and our health commissionaer appears to be a LDS too:

http://www.mormontimes.com/people_news/people_church/?id=5703

And there's no way to email the commish from the NYSDOH website.

Shameful

dadoc

I'll take it right after they mandatorily vaccinate every man, woman and child in Williamsburg for genital warts, mandatorily inject every subway bum with long-acting anti-psychotics, put Norplant in every welfare (pre-) mother, chemically castrate every sex offender, test every illegal immigrant for TB and every food-service worker for Hep C. Oh, and you can only have one child, NYS says so (Park Slope, take note). Each person's body belongs to them alone. NYS is the only state putting your license at risk if you don't agree. I have no probs with vaccinations but this obvious overstepping by the nanny-state (sorry Nanny State) goes WAY past the reasonable. I doubt anyone on this board would advocate government-mandated invasion of their personal choice if it was their person which was being invaded.

JenChungsBaby

She's not being forced to get it. Just if she wants to remain in healthcare.

ed_Extinct

Forcing a vaccine isn't right, but health care workers (especially) should know better since they're around sick people all day. They should, with all common sense, get the shot voluntarily.

mls

agreed.

Dwayne Hoover

That's a dumb argument. One can transmit the flu before one becomes sick enough to feel the need to take off work. Nearly all transmissible diseases have an incubation period where you may not be sick but are contagious. How do you think the flu is spread???

jlocke

The capitalistic way to do it would be to leave it up to each patient seeking care to decide if they want a healthcare professional who's been vaccinated or not. Then we're not into government mandated shots, AND we get rid of most of the idiots that won't get the shot.

But seriously, the government makes you wash your hands after you go to the bathroom, or handle bodily fluids, etc. It's not about keeping you (the nurse) safe, it's about protecting the people you treat on a daily basis. Why bother being a nurse if you want to consciously decide to put others at risk of illness?

felixthecat2

I agree with you but this is putting her health at risk as well. I think the hospital shouldn't permit anyone that is ill to work. Even at my job, people report to work sick and share their colds with me.

jlocke

Yes, but, are you responsible for the health of your coworkers or clients?

felixthecat2

http://www.theatlantic.com/doc/200911/brownlee-h1n1

snickerdoodle

Agree 100% with Mrs. Field. Hope she wins her case.

felixthecat2

the swine flu vaccination isn't safe, why doesn't Bloomberg take one????

holy

completely agreed.

the state should never mandate anything that involves your body. good for her.

i wonder, depending on how the state supreme court rules, if people will take this as a precedent in regards to future cases concerning abortion.

Dwayne Hoover

Fire her dumbass. I wouldn't want her in any Doctor's office I'm visiting, and no Doctor would either.

Why don't we get rid of school-vaccination requirements too? They infringe on my right to be a moron.