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Archive

Category: State Colorado

Colorado Healthcare Workers Mandate to get Annual Flu Vaccine
By Kimberly Sharples
January 22, 2012


The Colorado Board of Health will have the final hearing and adoption of the new rule that mandates healthcare workers get an annual flu vaccine on Feb. 15, 2012.  There is NO religious or personal exemption in the current version of the rule.  Time is running out and comments must be received by Feb. 1st, 2012. 

ACTION NEEDED NOW:
Send written comments addressed to the Colorado Board of Health before Feb. 1st, 2012 to the attention of Jamie Thornton and plan on attending the final hearing on Feb. 15th. 
Jamie Thornton, Board Program Assistant
4300 Cherry Creek Dr. South
Denver, CO 80246-1530
 
The official agenda will be posted on the health dept. web site here:  http://www.cdphe.state.co.us/op/bh/ 
 
MAIN POINTS TO MAKE:
 
1. Not allowing a declination for religious reasons is a civil rights violation, a human rights violation and eliminates a religious right that has been recognized in the state of Colorado for years.  There will be legal challenges to this rule that will be costly for the State of Colorado.
 
EEOC rules state religious exemptions must be allowed.  This rule violates Title VII of the Civil Rights Code and the ADA: http://www.eeoc.gov/facts/pandemic_flu.html#36  see pint #13 in this EEOC Document.
 
Tell the board the rule must include an exemption or declination for religious reasons.  The state can not define religion and they can not discriminate based on religion. 
 
2. This rule needs to go through the legislative process, not the rule-making process being used by the Board of Health.  The true stakeholders were not engaged in the drafting process.  No one was allowed to comment at public meetings where this issue was discussed and an opposing view or comments was not allowed after the very biased presentation at the board meeting on Jan. 18th.  The regulatory analysis that was done, is inadequate and there has been no true cost/benefit analysis done.  
 
Tell the board to vote NO on this rule and send it to the legislature, the appropriate place for this matter that will effect so many people who have not had a chance to be involved in the process.
 
Mark your calendar for Feb. 15th and plan to attend the board meeting for the final hearing of this rule.  The board will allow public comments, however they may limit the time depending on how many people want to comment.  They may allow 5 minutes a person, or less than that. 
 
Details of the meeting can be found here:

The Statement of Basis and Purpose, why they are doing this,  can be found here:
http://www.cdphe.state.co.us/op/bh/hearingnotices/6CCR1011-1ChIIPart10Influenza/StatementOfBasisAndPurpose.pdf

The so-called regulatory, including the cost of this rule, can be found here:
http://www.cdphe.state.co.us/op/bh/hearingnotices/6CCR1011-1ChIIPart10Influenza/RegulatoryAnalysis.pdf

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