UCSD moves forward with vaccination mandate as some health care personnel stage protests

UC San Diego Health employees face “corrective action or the disciplinary process” if they refuse to get vaccinated and do not qualify for an exception or deferral, according to an internal all-hands memo.

The notice is the local implementation of a vaccination policy published on July 15 by the University of California Office of the President that states that all employees, students, academics and staff must be “fully vaccinated against COVID-19 before physically accessing university locations and programs.”

University health care workers are required to show proof of vaccination by Aug. 23 while students, teachers and others returning in the fall are required to show proof of vaccination two weeks before the first day of instruction on Sept. 23.

According to the UCSD communications office, about 84 percent of the health system’s 13,300 employees are vaccinated.

The mandate, which is similar to one announced Monday by Kaiser Permanente, goes a bit further than the proof-of-vaccination requirement released by the state last week. The new regulation, formalized in a set of letters released Tuesday, specifies that all health care workers and state employees must prove they are vaccinated by Aug. 23 or undergo regular testing — twice weekly in hospitals unless they work only one shift per week or less.

Unvaccinated health care workers are not quietly getting in line to get their shots.

A group called America’s Healthcare Workers for Medical Freedom recently announced a handful of rallies at California children’s hospitals on Monday, Aug. 9. The locations include Rady Children’s Hospital in San Diego. A pulmonary nurse at Rady, many on Twitter commented, appears to be among those promoting the gathering which is billed as advocating for “bodily autonomy and our right to say no.”

Under the overarching University of California policy, unvaccinated workers and students can request exceptions for medical, disability or religious reasons or deferrals if they are pregnant. The U.S. Centers for Disease Control and Prevention recommends that pregnant women get vaccinated but also states on its website that data on the effects of coronavirus vaccines on pregnant women is “limited.”

In a statement, Rady said it is aware of but does not condone the event.

“We are prepared to ensure our patients, their loved ones and our team members have uninterrupted access to care and to work,” the statement said.

About 87 percent of the hospital’s staff is vaccinated. Vaccination is required for new hires, students and contractors, and Rady is continuing to “evaluate the evolving positions on mandates and vaccine approval through the FDA.”

At UCSD and every other UC campus, those who decide not to get vaccinated and who are not granted an exception or deferral could face discipline under University of California disciplinary regulations or under similar clauses contained in union contracts.

The university policy states that those who do not comply will be subject to a “corrective action/discipline process” during which they will be allowed to continue visiting university property for up to six weeks while complying with local requirements for protective equipment such as masking.

What happens after that is controlled by disciplinary and corrective action policies which allow for job termination though generally only after a significant appeals process. For employees who are represented by unions, discipline would follow rules specified in current contracts. The corrective action and discharge article of UCSD’s current contract with the California Nurses Association, for example, gives the university “the authority to discharge or to take other appropriate disciplinary action against a non-probationary nurse for just cause” though nurses have the right toobject and to be represented by their union during the process.

Kaiser announced a similar mandate Monday, indicating that 77.8 percent of its 216,000 employees are vaccinated with physicians coming in at 95 percent. Though its statement says that the health care juggernaut is working with unions on implementation of its mandate, discipline for those who do not comply is not mentioned. Kaiser San Diego officials did not specify the vaccination rates among its local employees.

It remains to be seen, as the number of new COVID cases and positive coronavirus tests continue to escalate, whether or not health providers can actually afford to sideline unvaccinated portions of their workforces.

Other large health care providers in the region have not yet made similar vaccination mandates.

Sharp HealthCare, the region’s largest health system, said in a short statement that 80 percent of its workforce is vaccinated and it is prepared to meet statewide requirements that all unvaccinated health care workers be regularly tested, adding that its leadership is “taking careful consideration of the current shortage of health care workers and balancing our staffing needs with our responsibility to protect the health of our patients, workforce and community at large.”

Chris Van Gorder, chief executive officer at Scripps Health, said in a recent op ed in Modern Health Care — one of the more influential publications in the health care industry — that his organization may also mandate vaccination after consulting with employees and conducting an in-depth education campaign.

“We are working through these issues and developing our plans,” Van Gorder said.

Palomar Health, which operates hospitals in Escondido and Poway, said in a statement that it has not yet made an employee vaccination mandate and continues to require universal masking among workers and patients indoors.

Prime Healthcare, which owns and operates Alvarado and Paradise Valley hospitals in San Diego, and Tri-City Medical Center in Oceanside did not respond to requests for more information on whether they will pursue vaccination mandates.