comments on: College Bound - Navigating Vaccine Choices

[Guest guest]

From: " lawpapa23 " <attorney@...>

The most difficult of the more than dozen exemption and waiver contexts

I've worked with concerns college students in healthcare curriculums that

require to do clinical work in local hospitals. State exemptions usually

take care of college's requirements, but schools contract with the local

healthcare facilities to provide vaccinated students doing clinical work

in their facilities, and students are required to get vaccines consistent

with the hospital policy, and there aren't exemption laws to cover that.

There are possible arguments for a right to refuse hospital-required

vaccines for students doing clinical work; the most promising I've seen

so far applies to students with religious objections in any of the dozen

or so states that have Religious Freedom Restoration Acts or equivalent

language (what qualifies for a religious exemption is broad, but there

are pitfalls). Under RFRA's, government cannot burden religion unless

there is a compelling state interest achieved by the least restrictive

means possible. Since hospital employees have rights under the federal

civil rights act of 1964 (Title VII), clearly students doing clinical

work--who will be in the hospital only temporarily--can be allowed some

exemptions as well. Whether or not these RFRA's apply to private

hospitals may be another question. Whether the hospital will agree and

allow the exemption when confronted with the legal argument is also

another question, but in at least some situations, the argument is

there.

Reportedly, some college healthcare programs allow exemptions, but mot

probably don't. The biggest problem occurs when students figure out

there's a problem after getting well into the program, and is then faced

with " vaccinate or drop out. " So, this is a matter best

addressed before beginning the program, so you know whether or not

there's a problem with this issue.

We often think about rights in general terms, making assumptions about

what they are. This situation is one where there may be very limited

rights, regardless of what we think the law *should* be. Like any other

important legal matter, it is best to do your research in advance, so

that you know what your rights are, including where those rights may not

be clear or clearly defined. There are some legal " gray areas "

in vaccine exemption and waiver law.

Alan , J.D.

www.vacinerights.com

www.pandemicresponseproject.com

>

>

http://www.nvic.org/NVIC-Vaccine-News/February-2011/College-Bound---Navigating-Vaccine-Choices.aspx

>

> College Bound - Navigating Vaccine Choices

>

Sheri Nakken, former R.N., MA, Hahnemannian

Homeopath

Vaccination Information & Choice Network, Washington State, USA

Vaccines -

http://vaccinationdangers.wordpress.com/ Homeopathy

http://homeopathycures.wordpress.com

Vaccine Dangers, Childhood Disease Classes & Homeopathy

Online/email courses - next classes start February 4

[Guest guest]

From: " lawpapa23 " <attorney@...>

The most difficult of the more than dozen exemption and waiver contexts

I've worked with concerns college students in healthcare curriculums that

require to do clinical work in local hospitals. State exemptions usually

take care of college's requirements, but schools contract with the local

healthcare facilities to provide vaccinated students doing clinical work

in their facilities, and students are required to get vaccines consistent

with the hospital policy, and there aren't exemption laws to cover that.

There are possible arguments for a right to refuse hospital-required

vaccines for students doing clinical work; the most promising I've seen

so far applies to students with religious objections in any of the dozen

or so states that have Religious Freedom Restoration Acts or equivalent

language (what qualifies for a religious exemption is broad, but there

are pitfalls). Under RFRA's, government cannot burden religion unless

there is a compelling state interest achieved by the least restrictive

means possible. Since hospital employees have rights under the federal

civil rights act of 1964 (Title VII), clearly students doing clinical

work--who will be in the hospital only temporarily--can be allowed some

exemptions as well. Whether or not these RFRA's apply to private

hospitals may be another question. Whether the hospital will agree and

allow the exemption when confronted with the legal argument is also

another question, but in at least some situations, the argument is

there.

Reportedly, some college healthcare programs allow exemptions, but mot

probably don't. The biggest problem occurs when students figure out

there's a problem after getting well into the program, and is then faced

with " vaccinate or drop out. " So, this is a matter best

addressed before beginning the program, so you know whether or not

there's a problem with this issue.

We often think about rights in general terms, making assumptions about

what they are. This situation is one where there may be very limited

rights, regardless of what we think the law *should* be. Like any other

important legal matter, it is best to do your research in advance, so

that you know what your rights are, including where those rights may not

be clear or clearly defined. There are some legal " gray areas "

in vaccine exemption and waiver law.

Alan , J.D.

www.vacinerights.com

www.pandemicresponseproject.com

>

>

http://www.nvic.org/NVIC-Vaccine-News/February-2011/College-Bound---Navigating-Vaccine-Choices.aspx

>

> College Bound - Navigating Vaccine Choices

>

Sheri Nakken, former R.N., MA, Hahnemannian

Homeopath

Vaccination Information & Choice Network, Washington State, USA

Vaccines -

http://vaccinationdangers.wordpress.com/ Homeopathy

http://homeopathycures.wordpress.com

Vaccine Dangers, Childhood Disease Classes & Homeopathy

Online/email courses - next classes start February 4