Appeals court upholds hospital face mask requirement for unvaccinated healthcare workers

A New York appeals court ruling on Thursday decided the state was "comfortably" within its right to require healthcare workers who refused to be vaccinated against the flu to wear face masks when working with patients, according to the New York Law Journal.

A ruling that the 2013 mandate in question falls within the powers delegated by the Legislature to the Health Department to "foster the prevention and treatment of human disease" was unanimous.

Additionally, the court noted the health department had adequate scientific support for the face mask requirement from the CDC, the U.S. Food and Drug Administration, the Infectious Disease Society of America and various medical journals.

The Health Department declined the New York Law Journal’s request for comment Thursday on the ruling. 

 

 

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