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CMAAO Corona Facts And Myth - Can vaccination be mandated?

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Dr KK Aggarwal    13 February 2021

With input from Dr. Monica Vasudev

Yes

  1. Even if one country has a persistent infection, the mutations will occur continuously.
  2. The available evidence suggests that vaccines are very safe. The public health data suggests that COVID-19 is a considerable health risk, and hence people should be vaccinated to protect themselves.
  3. It is a novel virus and hence will infect 100% population if the person gets exposed.
  4. It is the individual choice to choose between corona or vaccine!
  5. Vaccine mandates may become necessary once we have more vaccines than people willing to take them.
  6. An employer can mandate vaccine on the job as long as they are not applying it in a discriminatory fashion and making it mandatory for all.
  7. Vaccine is now available for all healthcare workers as hospitals can mandate it, and patients may ask for treatment only from vaccinated individuals.
  8. COVID 19 neutralizing antibodies tests are now available and can be a real vaccine passport.

No

  1. With supplies of the vaccines currently available falling well short of demand, mandating vaccination is not a realistic scenario possibly.
  2. Queries to be answered: Is it legal for states, private employers, and even airlines to mandate a vaccine that has only been approved for emergency use? Who could be held responsible if something goes wrong after getting the shot?
  3. A vaccine mandate that requires that every man, woman, and child in America get a particular vaccine would be relatively unprecedented. Usually, when vaccine mandates is considered, it may eb restricted to if you wish to send your child to school; or if you want to work for a specific type of employer, like a hospital.
  4. The limited case law existing in the USA, which mainly goes back to this one case from 1905, Jacobson v. Massachusetts, does say that states and municipalities have vast powers to compel vaccination for the benefit of public health.
  5. When it comes to these vaccines, they have not yet received full authorization. Is it legal to require something that has not been fully authorized?
  6. But will it stand up to a challenge of somebody saying: "Hey, if you want to compel me to take something, you have to make sure that it is safe and effective through the proper channels." That is going to be an interesting question that will play out in the next year or so.

Dr KK Aggarwal

President CMAAO, HCFI and Past National President IMA

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