State ponders vaccine strategy

Legislature could ask for health officials’ advice if bid for herd immunity fails

New York lawmakers are mulling legislation that would potentially allow health officials to decide whether coronavirus vaccinations should be mandatory for the public if herd immunity is not achieved next year.

There are concerns among some public officials about the willingness of people to be vaccinated for the infectious disease, while other officials have proposed that receiving the vaccine should be a personal choice.

The concerns of doubters took shape as the approval process — which normally takes years — was expedited for large pharmaceutical companies as many people, including Gov. Andrew M. Cuomo, raised concerns about the efficacy and safety of

vaccines that were rapidly approved this year by the U.S. Food and Drug Administration.

While general public concern has eased since the initial batch of vaccines were administered to frontline workers, proposed state legislation could mandate vaccinations for the public if a community does not achieve sufficient herd immunity under parameters set by the state Department of Health.

Legislation proposed earlier this month by Manhattan Assemblywoman Linda Rosenthal would give the health department the ability to require individuals or groups of individuals who are medically cleared to receive the vaccine if clinical data shows that “residents of the state are not developing sufficient immunity from COVID -19.”

Rosenthal emphasized that the bill is not the Legislature mandating that people receive the vaccine, but would give health experts the ability to make that call if necessary.

“It’s to establish a process if there is not herd immunity,” she said. “I’m very confident there will be.”

Robert Rock, a partner at Tully Rinckey law firm in Albany, said a vaccination mandate does not mean New York is “going to go around and round people up, restrain them and give people shots.”

Much like other aspects of life — for example, it is illegal to drive a car without insurance and you can face fines and fees as a result — thwarting a vaccine requirement would have consequences, Rock said.

“Mandatory simply means you are going to be required to get this, and if you don’t you’re going to face certain fines” or other repercussions, he said.

If there isn’t a sufficient percentage of the population getting vaccinated in order to keep the rest of the population safe, Rock said it would be reasonable for the health department to mandate the vaccine. The response, he said, must be measured, reasonable and proportionate to the problem.

What percentage of the population needs to be vaccinated in order to develop sufficient herd immunity depends on the infectious disease, said Dr. Eric Yager, an associate professor of microbiology at the Albany College of Pharmacy and Health Sciences.

For COVID -19, Yager said that threshold ranges between 60 and 90 percent. Ideally, he said about 70 percent of the population needs to be vaccinated to develop appropriate herd immunity.

“The concept of herd immunity is we need to have a certain level of immunity in the population to stop the virus from spreading,” Yager said, noting that a certain portion of the population will be medically unable to receive the vaccine. “If we can still vaccinate a portion, 70 percent, we can really protect those individuals. The hope is that the people will believe it’s a benefit to the community — not just protecting yourself, but family, friends and your community.”

However, people opposed to vaccines argue that mandatory shots are a government overreach and citizens should be able to make their own decisions on whether to inoculate themselves and their children.

It’s that concern and desire for bodily autonomy that prompted state Assemblyman John Salka, R-brookfield, to introduce legislation that prohibits a mandatory vaccine.

“We thought it was incumbent upon us to come up with a bill that will give mature, rational adults the opportunity to do their homework and decide if they want to get the vaccine,” Salka said. “It’s a bill that allows people to make a rational decision on their health care.”

Salka emphasized the legislation is not “an antivaccine bill,” but rather allowing the public to make their own decisions regarding one’s health.

So-called “anti-vaxxers” in June rallied outside the state bar association’s office in Albany opposing the organization’s report that recommended mandating a coronavirus vaccine statewide. Many who participated were part of the vocal opposition against the state Legislature’s repeal of the religious exemption for school immunizations, a move prompted by an outbreak of measles in 2019.

The outbreak was one of the worst the country had seen since 1994. Proponents of the repeal said the religious exemption was being interpreted over-broadly.

Rather than require vaccination, Salka said an educational campaign on the efficacy and importance of immunization should be launched to encourage New Yorkers to get vaccinated.

“If there is a compelling argument that the government can make for the vaccine, and to be able to protect the general population, I think most Americans and people in my district are level-headed enough to make the right decision,” Salka said.

Rosenthal agreed that the strategy first should be educating the public on the vaccine in order to encourage New Yorkers to get the shots.

“I think every time there is discussion about a vaccine, whether it’s the measles vaccine or the flu vaccine, you have to go over the facts that a vaccination does not cause Autism,” she said. “The basic facts of what a vaccine is.”

The likelihood of the Legislature acting on these bills this month is slim, as lawmakers focus on more time-sensitive issues including the looming expiration of the statewide eviction moratorium and possible new taxes on wealthy New Yorkers. But discussions could ramp up in the next legislative session as the vaccine becomes more widely available to the general public.

Rosenthal said a vaccine mandate may not be necessary if the state develops enough immunity.

“I think our immediate purpose when we get back to session is revenue and how to get the economy back,” she said. “I will watch how the education and outreach process is going, but I’m hopeful we will get the herd immunity and we won’t need further discussion about it.”