September 23, 2021

Providers challenge only US law banning vaccine mandates - Yahoo News

Virus Outbreak Montana Vaccine Law

FILE - In this Dec. 16, 2020, file photo, Julie Petre, an ICU pharmacist, receives the Pfizer-BioNTech COVID-19 vaccination at St. Peter's Health in Helena, Mont. Medical providers and Montana residents with compromised immune systems are challenging the only law in the U.S. that prevents state employers from mandating workers get vaccinated amid a surge of COVID-19 infections. They argue the new law violates federal requirements for safe workplaces and reasonable accommodations for people with disabilities and want a federal judge to rule that it doesn't apply to hospitals and other medical providers. (Thom Bridge/Independent Record via AP, File)

HELENA, Mont. (AP) — Medical providers and Montana residents with compromised immune systems are challenging the only law in the U.S. that prevents employers from mandating workers get vaccinated amid a surge of COVID-19 infections.

They argue the new law violates federal requirements for safe workplaces and reasonable accommodations for people with disabilities and want a federal judge to rule that it doesn’t apply to hospitals and other medical providers.

The Montana Medical Association, private physician groups, a Missoula hospital and seven individuals filed the complaint in U.S. District Court in Missoula on Wednesday, arguing the law inhibits providers’ ability to “practice ethical and effective medicine” by requiring them to employ unvaccinated workers who are more likely to spread infections and diseases than vaccinated workers.

The law — which applies to all vaccinations — prevents medical providers from complying “with national standards for the care and treatment of patients, including observing and enforcing infectious disease prevention protocols,” the complaint says.

“The Montana Medical Association is joining this lawsuit to restore a physician’s ability to protect the safety of their vulnerable patients when providing needed medical services," the group said in a statement.

Montana’s Republican-controlled Legislature passed the law this year that says requiring vaccines as a condition of employment is discriminatory and violates the state’s human rights laws.

Supporters said the law was needed in response to employers coercing employees to get vaccinations under the threat of losing their jobs.

This month, President Joe Biden asked the Occupational Safety and Health Administration to write a rule requiring employers with at least 100 workers to mandate they get vaccinated against COVID-19 or submit to weekly testing.

Montana Gov. Greg Gianforte has said he would challenge that rule, calling it unlawful and un-American. The Republican has encouraged people to get vaccinated against COVID-19 but has maintained it should be a voluntary decision.



source: https://news.yahoo.com/providers-challenge-only-us-law-154434178.html

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