As cases of COVID-19 continue
to rise across the state, the
question of whether COVID-19
vaccines should be mandatory
is being considered by employers across
all industries. In the health care field, the
question is especially relevant given the
increased risk of exposure to health care
providers, as well as concerns related
to patient safety. Federal and state
governments, as well as employers in the
private sector, are taking varying stances
on this issue.
At least seven states have enacted
legislation to prohibit or restrict COVID-19
vaccination mandates.1 On July 29, Texas
Governor Greg Abbott issued an executive
18 DALLAS MEDICAL JOURNAL • October 2021
order prohibiting governmental entities
from compelling any individual to be vaccinated
against COVID-19.2 The executive
order explicitly overrides a state law that
empowers health authorities to implement
control measures designed to curb the
spread of communicable diseases, including
immunizations. While other provisions
of the executive order make exceptions for
government-owned or -operated hospitals
(such as the order’s ban on requiring the
use of masks), the prohibition on requiring
vaccination is without exception. Of note,
Governor Abbott’s order specifically refers
to COVID-19 vaccines that are “administered
under an emergency use authorization,”
and therefore would not operate to
bar vaccine mandates among government
employees once full approval of one or
more COVID-19 vaccines is granted by the
U.S. Food and Drug Administration (FDA).
Additionally, Texas House Bill 4272 was
introduced in March 2021. In part, H.B.
4272 prohibits the use of information contained
in the Texas Department of State
Health Services’ (DSHS) immunization
registry by an employer in order to fire or
refuse to hire any individual “because the
individual does not provide any documentation
or other proof certifying the individual’s
COVID-19 vaccination status.”3 Unlike
the July 29 executive order, this prohibition
is not limited to governmental entities.
HB 4272 passed both the House and the
Senate in May and currently awaits further
action by Governor Abbott.
In contrast, California’s Department of
Public Health has announced it will require
that all healthcare workers “who work in
indoor settings where (1) care is provided to
patients, or (2) patients have access for any
purpose” be fully vaccinated no later than
September 30.4 Exemptions from the vaccination
requirement may be made for qualified
medical reasons or religious beliefs;
however, exempted workers will be required
to submit to regular COVID-19 testing (twice
weekly for workers in acute health care and
long-term care settings, and once weekly for
workers in other health care settings) and
to wear approved facial coverings (such as
N95 masks) at all times while inside the
healthcare facility.
At the federal level, the Department
of Veterans Affairs (VA) became the first
major federal agency to mandate COVID-19
LEGAL
COVID-19 Vaccine
Mandates in the
Workplace
By Christie Davis, Attorney,
Hall, Render, Killian, Heath &
Lyman, P.C.