Massachusetts will mandate that all students obtain the flu vaccine by the end of 2020 in order to attend classes next year. This is a valid and constitutional use of the Bay State’s police power.
According to a Wednesday announcement from the Massachusetts Department of Public Health, “all children 6 months of age or older who are attending Massachusetts child care, pre-school, kindergarten, K-12, and colleges and universities” will be required to obtain influenza immunizations by December 31, 2020 “unless either a medical or religious exemption is provided.”
The only exceptions are for students who are homeschooled, certain higher education students “who exclusively attend classes online and never visit campus in person,” and those with either valid medical or religious objections.
“Every year, thousands of people of all ages are affected by influenza, leading to many hospitalizations and deaths,” the Department of Public Health’s Bureau of Infectious Disease and Laboratory Sciences Medical Director Dr. Larry Madoff said. “It is more important now than ever to get a flu vaccine because flu symptoms are very similar to those of COVID-19 and preventing the flu will save lives and preserve healthcare resources.”
The announcement set off a predictable wave of condemnation on social media from people who criticized the order using colorful language. Some characterized the public health initiative as an attempt to exert control and/or questioned its legality. While such responses are more or less perennial and largely beyond the realm of this explainer, in legal terms, the order is on sure footing…
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