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Attorney weighs in on legality of vaccine mandate for healthcare workers

August 17, 2021

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CAPITAL REGION (WRGB) — Allen Shoikhetbrod of the Tulley Rinckey law firm says that a state-mandated vaccine requirement for healthcare workers is legal. It’s not the first time a vaccine mandate has taken effect in the healthcare sector. Several hospitals in our area already have mandated vaccines for their employees.

St. Peter’s, Albany Med and Ellis Hospital have all required their employees to get vaccinated.

The governor says that immunocompromised people can still get vaccinated We spoke to an attorney at the Tully Rinckey law firm in Albany. He tells us the state department of health can issue this mandate for state run and private facilities, since He says DOH regulates them.

He also says that this isn’t the first time that an organization whether public or private has mandated vaccines. He tells us mandated are allowed under the law if there’s a public emergency.

“There’s a huge spike in infections in the last six weeks and the vaccination rates for most healthcare workers in that field are in the semi percent range 68 percent range depending on whether its nursing homes state run hospitals. But for the most part it is provided under the law if it is a danger to health of the people of the state,” Shoikhetbrod says.

The New York State Nurses Association responded to this mandate, saying They hope this mandate doesn’t affect staffing levels. They also hope the vaccines receive FDA approval when the mandate takes effect.

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