Rewriting EUAs can pave the way for Covid-19 vaccine mandates – Boston, Massachusetts

Boston, Massachusetts 2021-07-27 13:43:54 –

NSIn the United States, the mandatory vaccine is quite a week. Office of Legal Counseling, Ministry of Justice (President’s Lawyer) Expressed that opinion Mandatory vaccination with the distributed vaccine is legal Under an emergency use authorization..The Department of Veterans Affairs became the first federal agency Mandatory Covid-19 vaccination For its frontline healthcare professionals.New York City and California Declared Vaccination or Regular Covid-19 Testing Obligatory For their workforce.

Vaccination is an important weapon in our country’s fight against Covid-19. A new strain of SARS-CoV, soon approaching full immunity as a nation, or destined for another fall and winter of school closures, business closures, reduced recreational opportunities, masking and increased social distance. May die-2, accompanied by a virus that causes Covid-19.

Despite this harsh reality, vaccination is inadequate. Leaders tried to beg, sue, and quarrel, but many states and counties were fully vaccinated. About 30% hovering.. Some states and cities are experimenting with incentives such as free food, drinks, lottery tickets, hunting licenses, vacations, and cookies. And even marijuana, But almost useless.


We believe that the solution to this public health crisis is to establish vaccine obligations set by the government or private companies and agencies. Vaccine obligations are meant to affect the refusal of a vaccine. As a result, access to services, work, or venues such as hotels, cruise ships, and sporting events can be fined or denied.

Vaccination has historically been mandatory for legal immigrants to the United States, the military, and school children, college students, and health care workers. So what is blocking the obligation to vaccinate Covid-19?


The biggest obstacle is the legal uncertainty as to whether the three major vaccines used in the United States have not yet been fully licensed and can mandate vaccines distributed under an emergency use authorization. Is to have.

Many employers, institutions, and schools hesitate to impose obligations because courts are concerned that it is illegal to require vaccines distributed under an emergency use authorization rather than full FDA approval. doing.

Opinions from the Justice Department should give them confidence, but they do not really solve the dilemma. While this opinion is reasonable and compelling enough, it has little legal power outside the federal government and may have limited court obedience. However, this opinion includes ways to remove legal hurdles. The FDA can amend the Emergency Use Authorization document for the Covid-19 vaccine to clarify that the obligation is granted.

NS Current law Allowing the Secretary of Health to grant emergency use permits for drugs and vaccines Enacted in 2004.. Under that provision, the HHS Secretary may, in some circumstances, permit the use of unapproved products in an emergency. The secretary delegated that authority to the FDA, which granted emergency use authorization for the three Covid-19 vaccines.

This is a new situation. This is the first time a vaccine has been given to the entire population.What creates uncertainty is that the law requires confirmation from the HHS Secretary. Vaccinator knows “The option to accept or deny control of the product, the consequences of refusing to control the product …” Some people read this term as a ban. If someone can legally reject the product, no obligation is possible.Others argue — recently accepted discussions By Texas Court — The rules Talk only with the HHS SecretaryDoes not apply to states, employers, universities, and others who may be required.

Therefore, the legal situation is ambiguous. And while full approval of the vaccine is still months away, new strains of SARS-CoV-2 are spreading rapidly, leaving many entities that may impose hemming and hoing obligations.

But no one has to wait for a license. The solution to the obligation is clear. The HHS Secretary or FDA Commissioner edited the Emergency Use Authorization and said, “Rejecting a vaccine can lead to loss of employment, one or more restrictions on access. Education, or access to businesses or private companies. limit.”

The FDA has sufficient evidence of safety and effectiveness to support such changes and must act swiftly to change the emergency use authorization. If the FDA does not do that, it must be done by Secretary of Health and Welfare Xavier Becerra.

The country should not tolerate any further deaths, hospitalizations, closures, and economic and personal ruin. An important solution for getting orders quickly requires our health bureaucrats to act and act now to rewrite the emergency use authorization.

Arthur L. Kaplan is a professor of bioethics and founder of the Department of Medical Ethics at New York University School of Medicine. Dorit R. Reiss is a professor of law at UC Hastings College of Law.

Rewriting EUAs can pave the way for Covid-19 vaccine mandates Source link Rewriting EUAs can pave the way for Covid-19 vaccine mandates

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