Vaccine Mandates and Prohibitions Vary by State

Although the Biden administration is on the verge of finalizing a vaccine mandate that is expected to apply to all employers with 100 or more employees, many states have also issued vaccine mandates of their own. To date, 23 states have issued mandates that apply to health care workers, 19 have issued mandates that apply to state employees or certain groups of state employees and a handful of others have issued mandates that apply to employees of higher education institutions.

While many of the mandates for health care workers apply to most groups of health care professionals, it is important to note that in some states, requirements may not apply to dental offices or may apply to oral health workers differently than those required for other groups. In California, for instance, dental office employees were not included in the state’s strictest mandate and unvaccinated employees have the option to comply with twice weekly testing requirements as an alternative to getting vaccinated. In New York, the state mandate applies to oral health workers who work in health care facilities, but not private practice. Variation in the application of mandates in other states exists as well, and it is important to refer to respective state-issued mandates to understand how they apply to groups and individuals.

While some states have issued vaccine mandates, others have adopted an opposing stance and issued bans on mandates. Federal vaccine requirements are expected to preempt state bans, but conflicts between state and federal requirements will likely be sorted out in the courts.