User:BD2412/Vaccine law resources/Links to revisit

Vaccine mandates and promotion

User:BD2412/Military anthrax cases

State links

 * State-by-State: Vaccinations Required for Public School Kindergarten (links to individual state statutes)
 * E.g.: Alabama vaccination statutes
 * State mandates on immunization and vaccine-preventable diseases (mostly for children and secondary schools)
 * http://www.immunize.org/laws/hepb.asp (HepB for kids)
 * http://www.immunize.org/laws/hepbcollege.asp (HepB for college)
 * http://www.immunize.org/laws/menin.asp (Meningococcal ACWY Prevention)
 * http://www.immunize.org/laws/exemptions.asp (exemptions)


 * State Law & Vaccine Requirements (links to a state page including statutes and exemptions)
 * NVIC Alabama State Vaccine Requirements


 * CDC - State Vaccination Requirements (links to various databases, including self-generating lists for healthcare workers and patients, and the above immunize.org charts


 * CDC - State School and Childcare Vaccination Laws (with colorful wheel of exemptions)


 * https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2553651/
 * http://codes.findlaw.com/al/title-16-education/al-code-sect-16-30-3.html


 * Leila Barraza, Cason Schmit, and Aila Hoss, The Latest in Vaccine Policies: Selected Issues in School Vaccinations, Healthcare Worker Vaccinations, and Pharmacist Vaccination Authority Laws


 * State School Immunization Requirements and Vaccine Exemption Laws


 * CDC - Menu of State Healthcare Facility Varicella Vaccination Laws

Medicaid coverage

 * State Overviews

More links
History of Vaccines: Vaccination Exemptions

Healthcare.gov: Preventive health services (incl. vaccination)


 * Procon - State Vaccination Exemptions for Children Entering Public Schools

http://www.nvic.org/vaccine-laws.aspx

STATES WITH RELIGIOUS AND PHILOSOPHICAL EXEMPTIONS FROM SCHOOL IMMUNIZATION REQUIREMENTS, NCSL, 8/23/2016

Research: Anti-vax rumors in Afghanistan, Pakistan
 * Liability for viral outbreak on common carriers.


 * https://scholar.google.com/scholar?as_ylo=2016&q=vaccine+law+legal&hl=en&as_sdt=0,47
 * http://journals.sagepub.com/doi/abs/10.1177/1073110517703307
 * https://www.thieme-connect.com/products/ejournals/html/10.1055/s-0036-1582470#top
 * https://www.google.com/search?q=vaccine+mandates&oq=vaccine+manda&aqs=chrome.1.69i57j0l5.4207j0j7&sourceid=chrome&ie=UTF-8
 * https://www.cdc.gov/about/history/tengpha.htm
 * CDC - Achievements in Public Health, 1900-1999 Impact of Vaccines Universally Recommended for Children -- United States, 1990-1998
 * CDC - Achievements in Public Health, 1900-1999: Control of Infectious Diseases
 * History of Vaccines: Disease Eradication


 * State Healthcare Worker and Patient Vaccination Laws
 * CDC - Menu of State Healthcare Facility Hepatitis B Vaccination Laws
 * CDC - Menu of State Ambulatory Care Facility Influenza Vaccination Laws
 * https://www.cdc.gov/vaccines/imz-managers/guides-pubs/


 * https://www2a.cdc.gov/vaccines/statevaccsApp/ - State Immunization Laws for Healthcare Workers and Patients
 * https://www2a.cdc.gov/vaccines/statevaccsApp/Administration.asp?statetmp=AL
 * https://www.google.com/search?q=vaccination+of+prisoners&oq=vaccination+of+prisoners&aqs=chrome..69i57.5423j0j4&sourceid=chrome&ie=UTF-8
 * https://www.cdc.gov/vaccines/imz-managers/laws/hipaa/qa-patient-recs-afix-vfc.html
 * http://sante.gouv.qc.ca/en/programmes-et-mesures-daide/programme-d-indemnisation-des-victimes-d-une-vaccination/


 * Food and Drug Administration Regulation and Evaluation of Vaccines, Pediatrics, May 2011, VOLUME 127 / ISSUE Supplement 1, Valerie Marshall, Norman W. Baylor

"As readers of the HR Defense blog know, the EEOC filed suit last year on behalf of six former employees of a hospital who were fired after refusing the flu vaccine on religious grounds. The employer allowed for an exemption, but required employees to obtain a certification by a clergy member or other third party that the employee “practices a religion where influenza vaccination is contraindicated according to doctrine or accepted religious practices.”"


 * Sarah J. Lis, Mandatory Flu Vaccination Policies: Time for a Check-Up, September 25 2017.

Requiring A Flu Shot Over Religious Objections: Risky Business, Laurie M. Weinstein on October 24, 2016

"13. May an employer covered by the ADA and Title VII of the Civil Rights Act of 1964 compel all of its employees to take the influenza vaccine regardless of their medical conditions or their religious beliefs during a pandemic?

No. An employee may be entitled to an exemption from a mandatory vaccination requirement based on an ADA disability that prevents him from taking the influenza vaccine. This would be a reasonable accommodation barring undue hardship (significant difficulty or expense). Similarly, under Title VII of the Civil Rights Act of 1964, once an employer receives notice that an employee's sincerely held religious belief, practice, or observance prevents him from taking the influenza vaccine, the employer must provide a reasonable accommodation unless it would pose an undue hardship as defined by Title VII ("more than de minimis cost" to the operation of the employer's business, which is a lower standard than under the ADA).

Generally, ADA-covered employers should consider simply encouraging employees to get the influenza vaccine rather than requiring them to take it."


 * EEOC Title VII: Religious Accommodation, March 5, 2012. [MORE HERE]

EEOC, EEOC Sues Baystate Medical Center for Religious Discrimination & Retaliation, 6-2-16

EEOC, Saint Vincent Health Center To Pay $300,000 To Settle EEOC Religious Accommodation Lawsuit, 12-23-16


 * School Vaccination Requirements: Historical, Social, and Legal Perspectives as of February 15, 2002


 * State Regulations Pertaining to Infection Control (2011)

Workplace

 * NCBI, Alexandra M. Stewart, JD and Sara Rosenbaum, JD, Vaccinating the Health-Care Workforce: State Law vs. Institutional Requirements, Public Health Rep. 2010 Jul-Aug; 125(4): 615–618.
 * NCBI, Using State Laws to Vaccinate the Health-Care Workforce, Public Health Rep. 2012 Mar-Apr; 127(2): 224–227.
 * NCBI, When Worlds Collide: Public Health and Union Rights in Virginia Mason Hospital v. Washington State Nurses Association, Public Health Rep. 2008 Sep-Oct; 123(5): 664–666.


 * INFLUENZA VACCINATION OF THE HEALTH CARE WORKFORCE: A Literature Review, Alexandra M. Stewart, JD, Marisa A. Cox, MA, MPH, Mallory E. O’Connor, MPH, Spring 2011

"In 1827, Boston enacted the first mandate. Students were required to be inoculated against smallpox.112 By 1963, 20 states and the District of Columbia required various vaccines for school entry.113 By the early 1980s, every state required students to demonstrate that they had received certain immunizations as a prerequisite for school attendance.114 112 Hodge JG, Gostin LO. School vaccination requirements: historical, social, and legal perspectives: A state of the art assessment of law and policy. Center for Law and the Public’s Health. February 15, 2002. 113 James Colgrove. State of Immunity: The Politics of Vaccination in Twentieth-Century America 176-77 (2006). 114 Id."

"In September 2004, Virginia Mason Hospital, an acute care hospital in Seattle, Washington became the first facility to implement a mandatory influenza vaccination program. All employees were required to receive seasonal influenza vaccine as a condition of employment. Only those who had a religious objection or a documented vaccine allergy were exempted from the new policy.131

Following Virginia Mason, 87 facilities in 30 states and the District of Columbia have implemented similar vaccination policies. Currently, three local health departments, Cook County Health & Hospitals System in Illinois, Garland Health Department in Texas, and RiverStone Health in Montana have HCW influenza vaccination mandates. 132 131 Rosenbaum S. When Worlds Collide: Public Health and Union Rights in Virginia Mason Hospital vs. Washington State Nurses Association. Public Health Reports. September-October 2008. 132 Immunization Action Coalition. IAC’s Honor Roll for Patient Safety: Institutional Mandates. Available at: http://www.immunize.org/honor-roll/. Accessed February 17, 2011. 1"

Other

 * NCBI, Vaccine Supply and Innovation, Copyright © National Academy of Sciences.
 * NCBI, 6: Liability for the Production and Sale of Vaccines


 * NCBI, Mandatory School Vaccinations: The Role of Tort Law, Yale J Biol Med. 2008 Sep; 81(3): 129–137.
 * NCBI, Surveillance for safety after immunization: Vaccine Adverse Event Reporting System (VAERS)--United States, 1991-2001.

"California Senate bill (SB) 277 eliminated the personal belief exemption (PBE) provision from the state’s school-entry vaccine mandates prior to the 2016-2017 school year. Previously, vaccine-hesitant parents could acquire a PBE for their child based on philosophical or religious beliefs. Now, the only pathway for an unvaccinated kindergartener to enter a public or private school in California is with a medical exemption (ME), which requires a written statement from a licensed physician describing the medical reasons that immunization is unsafe.1 Previously, MEs were only granted to children with a contraindication to vaccination; however, SB 277 gave physicians broader discretion to grant MEs for reasons other than a contraindication, including family medical history.2,3"


 * http://www.courthousenews.com/eu-relaxes-evidence-standard-vaccine-liability-case/ - EU Court Relaxes Evidence Standard in Vaccine-Liability Case
 * http://www.newsweek.com/lyme-disease-vaccine-valneva-fda-approva-641796 - Lyme Disease Vaccine on Fast Track for FDA Approval

Standing orders implicates highly complex state scope of practice laws: Alexandra M. Stewart, Megan C. Lindley, Marisa A. Cox, State Law and Standing Orders for Immunization Services, American Journal of Preventive Medicine (2015)

Medicaid policy impacts provider willingness to vaccinate: Alexandra M. Stewart, Megan C. Lindley, Marisa A. Cox, Medicaid Provider Reimbursement Policy for Adult Immunizations, Vaccine 33 (2015) 5801-5808

Alexandra M. Stewart, Megan C. Lindley, Kristen H.M. Chang, Marisa A. Cox, Vaccination Benefits and Cost-sharing Policy for Non-institutionalized Adult Medicaid Enrollees, Vaccine 32 (2014)

As a companion: Alexandra M. Stewart, Arthur Caplan, Marisa A. Cox, Kristen H.M. Chang, Mandatory Vaccination of Health Care Personnel: Good Policy, Law, and Outcomes, 53 Jurimetrics, The Journal of Law, Science, and Technology (2013) Also helpful:
 * Alexandra M. Stewart, Cox MA. State Law and Influenza Vaccination of Health Care Personnel. Vaccine 31 (2013) Abstract
 * INFLUENZA VACCINATION OF THE HEALTH CARE WORKFORCE: A Literature Review

U.S. Vaccine Policy course piece: Dalrymple, D.W. and Grabenstein, J.D. “Interwoven support: An historical survey of US federal programs enabling immunization.” Vaccine 32 (2014) Abstract


 * Procon - Polio Cases, Deaths, and Vaccination Rates


 * Employee Vaccine Mandates: Observations of a Vaccine Rights Attorney, Sunday, August 10, 2014 by: Alan Phillips, J.D.
 * How to eliminate employee influenza vaccine mandates, Wednesday, December 31, 2014 by: Alan Phillips, J.D.
 * Vaccine Rights: Exemptions & Waivers, Last revised October 2015, Alan Phillips, J.D.

Access
"A handful of states already have given teens some vaccination rights. California, Delaware, Minnesota, New York and Washington, D.C., enacted laws years before the current measles outbreak giving minors the right to choose to get vaccinated against sexually transmitted diseases, such as human papillomavirus and hepatitis B. Alabama, Alaska, Idaho, Oregon and South Carolina have gone further by giving minors the right to make all health care decisions. Some of their laws date to the 1970s, said Ross Silverman, a professor of health policy management at Indiana University Medical School."
 * https://www.governing.com/topics/health-human-services/sl-teens-can-choose-to-get-vaccines.html:


 * Several migrant children died from the flu while in U.S. custody in late 2018 and early 2019. It was reported in August of 2019, as the flu season approached, that Customs and Border Protection (CBP) was unprepared to vaccinate children being held in its detention centers. The CBP issued a statement that migrants “may receive vaccinations by medical personnel at a local medical facility, if determined necessary by the medical professional during their assessment.”due to the short term nature of CBP holding and the complexities of operating vaccination programs, neither CBP nor its medical contractors administer vaccinations to those in our custody,” and that migrants “may receive vaccinations by medical personnel at a local medical facility, if determined necessary by the medical professional during their assessment.”
 * Robert Gebelhoff, Flu season is coming. The Trump administration isn’t ready to protect migrant children from disease, The Washington Post (August 6, 2019), https://www.washingtonpost.com/opinions/2019/08/06/flu-season-is-coming-trump-administration-isnt-ready-protect-migrant-children-disease/