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Prohibits mandatory flu vaccination as a condition of employment

Location: NY
Title: Prohibits mandatory flu vaccination as a condition of employment
Identifier: A 0224
Stance: SUPPORT
Action Required: None at this time
Status: Enacting clause stricken on 3/18/15, failed to move forward

Description:

UPDATE: The enacting clause for A 0224 was stricken on 3/18/15 and the bill failed to move forward. 

A 0224 was filed on Jan. 7, 2015 and referred to the Assembly Committee on Labor.  The bill is sponsor by Assembly Member Abinanti.  

http://assembly.state.ny.us/mem/Thomas-J-Abinanti/ - Assembly Member Abinanti's legislative page. 

The bill would prohibit employers from mandating flu vaccine as a condition of employment.  The bill does not apply to long-term care facilities because this group already has a NY Public Health Law that allows for those employees to exempt for medical or religious reasons or after being fully informed of the risks. (see Section 2195 below).

A 0224 will enact the following:

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The general business law is amended by adding a new section 2 399-gg to read as follows: 3 S 399-GG. PROHIBITION OF MANDATORY INFLUENZA VACCINATIONS. NO EMPLOYER 4 SHALL REQUIRE INFLUENZA VACCINATIONS AS A CONDITION OF EMPLOYMENT. THIS 5 SECTION SHALL NOT APPLY TO EMPLOYEES OF LONG-TERM CARE FACILITIES PURSU- 6 ANT TO SECTION TWENTY-ONE HUNDRED NINETY-FOUR OF THE PUBLIC HEALTH LAW. 7 S 2. This act shall take effect immediately.

http://assembly.state.ny.us/leg/?default_fld=&Text=Y&term=2015&bn=A00224 - text of A 0224

http://www.health.ny.gov/prevention/immunization/ltc_act/docs/article21.pdf - New York Health Code 2194

§ 2192. Long-term care resident and employee immunization required.

Except as provided in section twenty-one hundred ninety-five of this
article, every long-term care facility in this state shall require
residents and employees to be immunized for influenza virus and
pneumococcal disease in accordance with regulations of the commissioner.

§ 2194. Employee immunization. 

1. Every long-term care facility shall
notify every employee of the immunization requirements of this article
and request that the employee agree to be immunized against influenza
virus and pneumococcal disease.

2. The long-term care facility shall require documentation of annual
immunization against influenza virus and immunization against
pneumococcal disease for each employee. Upon finding that an employee is
lacking such immunization or the long-term care facility or individual
is unable to provide documentation that the individual has received the
appropriate immunization, the long-term care facility must provide or
arrange for immunization. Immunization and the documentation thereof
shall take place no later than November thirtieth of each year.

3. An individual who is newly employed as an employee after November
thirtieth but before April first shall have his or her status for
influenza and pneumococcal immunization determined by the facility, and
if found to be deficient, the facility shall provide or arrange for the
necessary immunization.

§ 2195. Exceptions. No individual shall be required to receive either
an influenza vaccine or pneumococcal vaccine if the vaccine is medically
contraindicated, or if it is against his or her religious beliefs, or if
he or she refuses the vaccine after being fully informed of the health
risks of such action.