by: Jackie DeFusco
\nWRIC<\/p>\n
RICHMOND, Va. (WRIC)- A spokesperson for Gov. Ralph Northam said Monday he\u2019s not planning on mandating a COVID-19 vaccine in Virginia, even though his Administration\u2019s top health official supports the idea.<\/p>\n
In an interview with 8News on Friday<\/strong><\/a>, State Health Commissioner Dr. Norman Oliver said he planned on mandating a coronavirus immunization once it\u2019s safely released to the public. In Virginia,\u00a0state law gives him the authority\u00a0<\/strong><\/a>to order immediate vaccination \u2018of all persons in case of an epidemic of any disease of public health importance for which a vaccine exists.\u2019 The law only includes an exemption for medical reasons.<\/p>\n Dr. Oliver was not available for a follow-up interview on Monday but a spokesperson for the Virginia Department of Health sent 8News the following statement:<\/p>\n \u201cWhen Dr. Oliver spoke of his support of a mandatory COVID-19 vaccine for adults, he was sharing his personal opinion as a physician.\u00a0 Currently, the Northam administration has taken no official policy position on whether or not a COVID-19 vaccine for adults should be mandatory. VDH regrets this error.\u201d<\/em><\/p>\n VDH SPOKESPERSON MARIA REPPAS<\/cite><\/p><\/blockquote>\n When asked why the Administration isn\u2019t embracing the stance of its top health official, Gov. Northam\u2019s spokesperson Alena Yarmosky said in a statement, \u201cWe are focused on accessibility, affordability, and fair distribution of a vaccine\u2014not on a mandate.\u201d<\/p>\n \u201cWhen a vaccine\u00a0becomes available, we\u2019re confident that Virginians will seek it out. That\u2019s why we don\u2019t have plans for a mandate,\u201d Yarmosky continued in a separate email.<\/p>\n Yarmosky didn\u2019t immediately respond to a follow-up question clarifying if the Administration is ruling out the possibility of a vaccine requirement entirely, even in the case that herd immunity cannot be achieved through voluntary compliance.<\/p>\n It also remains unclear if Dr. Oliver would need the approval of Gov. Northam to act under state law, though he is a political appointee of the Governor.<\/p>\n Yarmosky said discussions surrounding the roll out of a vaccine in Virginia are still in the early phases. She said the Administration is engaging a large group of health professionals at all levels of government to decide where initial doses should go.<\/p>\n \u201cThe whole world wants a vaccine to help put this virus behind us, as we\u2019ve done for everything from measles to polio,\u201d Yarmosky said.<\/p>\n University of Virginia Professor of Law and Biomedical Ethics Lois Shepherd<\/a><\/strong>\u00a0said, if the state of Virginia were to mandate an FDA-approved COVID-19 vaccine, it would likely be upheld.<\/p>\n Shepherd\u00a0cited a U.S. Supreme Court decision from 1905.<\/strong><\/a>\u00a0\u00a0The court ruled Massachusetts had the authority to fine people who refused vaccinations for smallpox.<\/p>\n \u201cThe government has broad powers in a public health emergency so that is the key here\u2026 would a mandatory vaccine be a reasonable measure to protect the public\u2019s health?\u201d Shepherd said.<\/p>\n Shepherd said that a medical exemption would have to be included for a requirement to be constitutional. She said the courts would also evaluate if the government is using the \u2018least restrictive means\u2019 to enforce a mandate, meaning jail time would be a unlikely punishment.<\/p>\n \u201cIf there were a mandatory vaccine, that doesn\u2019t mean people would be held down kicking and screaming,\u201d Shepherd said. \u201cIt means that there would be some kind of penalty for not getting a vaccine.\u201d<\/p>\n Shepherd said that penalty is more likely to be a monetary fine or restrictions on access to places like schools.<\/p>\n Republican Del. Dave LaRock is\u00a0introducing one of at least two bills<\/strong><\/a>\u00a0being considered in the ongoing special session that would allow people with a religious opposition to opt-out of an otherwise required mandate. If the bill becomes law,\u00a0it would strike several sections of Virginia Code<\/strong><\/a>\u00a0that remove religious exemptions in an \u2019emergency or epidemic of disease\u2019 that has been declared by the Board of Health.<\/p>\n This language appears in sections referring to attendance at:<\/p>\n Shepherd said a mandate that didn\u2019t include a religious exemption would not be unconstitutional .<\/p>\n \u201cThere is religious freedom in the United States but the law would be applied equally to everyone regardless of their religion. So it [a mandate] wouldn\u2019t be singling out a religion to discriminate against people\u2019s exercise of that religion,\u201d she said.<\/p>\n Del. LaRock\u2019s bill and\u00a0another being proposed by Republican Del. Mark Cole<\/strong><\/a>\u00a0are being considered by the\u00a0House Committee on Health, Welfare and Institutions\u00a0<\/strong><\/a>on Tuesday morning. The public cannot participate in-person but people can sign up to speak virtually.<\/p>\nVirginia Health Commissioner says he\u2019ll mandate a COVID-19 vaccine<\/a><\/em><\/strong><\/h4>\n
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