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Virus Outbreak Montana Vaccine Law
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Judge rejects vaccine choice law in health care settings

A federal judge says a person's choice to decline vaccinations does not outweigh public health and safety requirements in medical settings

By AMY BETH HANSON
Published - Dec 12, 2022, 11:36 AM ET
Last Updated - Jun 23, 2023, 06:27 AM EDT

HELENA, Mont. (AP) — A person's choice to decline vaccinations does not outweigh public health and safety requirements in medical settings, a federal judge ruled in a Montana case.

U.S. District Judge Donald Molloy last week permanently blocked a section of law the state said was meant to prevent employers — including many health care facilities — from discriminating against workers by requiring them to be vaccinated against communicable diseases, including COVID-19.

“The public interest in protecting the general populace against vaccine-preventable diseases in health care settings using safe, effective vaccines is not outweighed by the hardships experienced to accomplish that interest,” Molloy concluded in his Dec. 9 ruling.

The Montana Legislature passed the first-in-the-nation law in 2021, about a year into the pandemic as some people, businesses and Republican lawmakers were pushing back on health care measures enacted to prevent the spread of the virus that has now killed more than 1 million people in the United States. Just over 3,600 Montana residents have died from COVID-19, state officials say.

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