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Updated 10/11/2009 01:47 PM

Nurse Challenges Mandatory Vaccines For Health Workers

By: NY1 News

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A registered nurse has asked a judge to block New York State's requirement that all health care workers receive vaccines against the seasonal and H1N1 flu viruses.

Suzanne Field, a nurse in Dutchess County, told NY1 that she filed last week temporary restraining order on behalf of the nearly 60,000 medical workers who are required by state law to get both vaccines before November 30.

A hearing for Field's request has been scheduled before a Manhattan judge on Wednesday.

Field told NY1 that the lawsuit was "about having the choice to make an intelligence decision about what you need to protect you"

The New York State Nurses Association has encouraged its members to get vaccinated voluntarily, but has opposed the new rule, saying there should be exemptions for people who don't want vaccines for religious or philosophical reasons.

State Health Commissioner Richard Daines told the Associated Press that the rule is legal and necessary to the protect the public.

He also said that courts have upheld similar rules that require health care workers to get vaccinated for measles and rubella.

Between 30 percent and 40 percent of health care workers get a flu shot each year, according to the AP.