Mandate Or Not

Angie Szumlinski Legal, News

In an article published in the APNews, a New Mexico corrections officer is suing New Mexico over the requirement that first responders and other employees be vaccinated, setting up another legal fight during a pandemic that is testing local and federal public health laws.

The complaint centers on the FDA’s authorization of the vaccines for emergency use, noting that the clinical trials, which officials will rely on to ultimately decide whether to license vaccines, are still underway. It could take two years to collect adequate data to determine safety and effectiveness the complaint states. Guidance cited in the complaint from the FDA and the Centers for Disease Control and Prevention, including statements made by federal health officials during a public meeting last year, they said vaccines under emergency use authorizations may not be mandated.

Of note, none of the vaccine manufacturers with emergency authorization in the U.S. has applied for full approval to date. Might be a good idea to look at your facility policy, have an attorney assist with the legal aspects and be sure you are doing the right things for the right reasons. The last thing any of us need today are lawsuits due to not adhering to current legal standards. Stay the course, stay well, mask up, and stay tuned!