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Booster Requirement Eliminated

On March 17, the Public Health and Health Planning Council (PHHPC) Committee on Codes, Regulations and Legislation approved an emergency regulation proposed by the state Department of Health (DOH) that removes the COVID-19 booster requirement for home care and other health care workers. This action was followed by the full PHHPC approval of this emergency regulation.

The emergency regulation is available on the PHHPC website.

The original regulation stated:

(c) Covered entities shall continuously require personnel to be fully vaccinated against COVID19, and to have received any booster or supplemental dose as recommended by the CDC, absent receipt of an exemption as allowed below. Covered entities shall require all personnel to receive at least their first dose before engaging in activities covered under paragraph (2) of subdivision (a) of this section. Documentation of such vaccination shall be made in personnel records or other appropriate records in accordance with applicable privacy laws, except as set forth in subdivision (d) of this section.

The amended regulation eliminates the booster language, and appears as follows: 

(c) Covered entities shall continuously require personnel to be fully vaccinated against COVID19, absent receipt of an exemption as allowed below. Covered entities shall require all personnel to receive at least their first dose before engaging in activities covered under paragraph (2) of subdivision (a) of this section and that such personnel receive their subsequent dose(s) according to the CDC or CDC’s Advisory Committee on Immunization Practices (ACIP) recommended timeframe.

At the PHHPC Committee meeting, a DOH representative stated that one of the reasons for eliminating the booster requirement was the worker shortages.

Since the booster mandate was announced by the Governor’s office and the PHHPC in January, HCA expressed its strong concerns about the original February 21 deadline for health care staff to get the booster, and in a letter to DOH and the Governor’s office, HCA requested that the booster mandate be altogether reconsidered, but at minimum, delayed. HCA thanks the Executive and DOH for this full reconsideration of the mandate.

HCA will inform members if DOH provides any guidance on this issue.