Mandating Vaccines for Healthcare Workers: A Nurse’s Rights

• With so many changes going on in the world, it is vital that we stay up-to-date.
• The prevalence of mandating vaccines for healthcare workers continues to rise, but what are the legal implications of this?
• The following information was obtained from an Instagram livestream with @yournurselawyer, Attorney Irnise F. Williams, BSN, RN, JD.

As we navigate through the many changes that are occurring throughout the healthcare industry, one of the top questions we have seen from our nursing community is, ‘what are the legal implications for nurses surrounding mandating vaccines for healthcare workers?’ 

The good news is we have done some of the digging for you and are going to provide the facts.  

As a nurse, you have so many skills. You are a plethora of knowledge, determination, and critical thinking skills.  

Whether you’ve been on the front lines caring for COVID-19 patients or working a more behind-the-scenes role, it is safe to say that we have all seen the negative effects of the pandemic. 

So now, amidst mandatory vaccination policies and potentially unsafe working conditions for nurses and other healthcare staff, what are the legal implications surrounding your role as a nurse during this unprecedented time? 

The following information was obtained from an Instagram livestream with @yournurselawyer, attorney and nurse, Attorney Irnise F. Williams, RN, JD, addressing mandating vaccines for healthcare workers.  

Nurses Legal Rights

Over the past several months, the U.S. federal government has introduced an executive, ‘pandemic authority’ to protect the public health of the American people by mandating vaccines for healthcare workers.  

Hospitals and other healthcare facilities are shifting their policies from those of encouragement of staff vaccination to mandatory requirements as a condition of employment.  

If you currently work in a vaccinated facility, but have hesitancy with receiving the vaccine yourself, you possess the right to quit. 

Of course, no one can force you to receive a vaccine against your will. However, your employer can restrict you from entering the facility depending on your vaccination status. 

On top of this, regardless of if the facility is a public or private institution, your employer possesses the right to ask you questions regarding how many doses of the vaccine you have received, the date, time, and location in which you received each dose, and the brand you selected.  

In the instance that you are a travel nurse and are curious about your new assignment’s current vaccination policies, I suggest speaking with your recruiter. They will be able to provide you with this information or send you in the right direction. 

Check out this list from Beckers Hospital Review for an updated view of health systems mandating vaccines for healthcare workers. 

Where Does the Liability Lie?

The liability comes with the nurse, RT, PT, physician, PCT, and any other healthcare worker that encounters patient populations. Simply put, facilities are trying to further ensure the preservation and improvement of public health. 

Let’s say, a nurse or other healthcare worker passes the virus to a patient. From there, the patient experiences serious complications, passes, and their family files a claim.  

The claim would go after the institution, and not the individual healthcare provider who passed the virus on to the patient. Why? Because attorneys want to get paid and the money is with the institution nine times out of ten.  

However, just because a claim has been filed against the institution and not the provider does not guarantee that the person responsible would not be listed. If they are, this can jeopardize his or her license. 

Religious Exemptions

The criteria for religious vaccine exemptions depend upon the state and organization.  

There are no universal criteria that specify what the definition of religious exemption is. It depends upon what the organization defines as a religious exemption.  

Religious exemptions do not fall under federal law. 

Employers also have the right to probe and request documents from your religious organization. 

These are the facts. This is an unbiased review of the reasoning behind the vaccine mandates. 

 Some may agree, and some may disagree. 

 Regardless of your vaccine stance as a bystander, as a nurse, or any other healthcare worker, hopefully, these truths will shed some light on the reasoning behind what is rapidly becoming the new reality.  

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