![]() ![]() If you are a nursing student who has requested an exemption and are being passed around like a hot potato with no one willing to take responsibility for considering your request, we may be able to help. The clinical facility will most likely require testing and wearing of a fitted N95 mask as an accommodation for the request. ![]() A nursing student should ask the college nursing program clinical coordinator for a contact at the clinical rotation facility site to request an exemption for the COVID-19 vaccination per the facility’s procedure, as required by the CMS Rule. Other colleges may not know of this requirement or ignore it. Many of the larger colleges are aware that clinical facilities are required to have a procedure for students to seek an exemption and will have exemption forms from the facilities for the student to submit. It also requires providers and suppliers to implement a procedure for “staff” to be able to request an exemption for the COVID-19 vaccination requirements based on Federal law for ADA disability, medical conditions, or sincerely held religious beliefs, practice, or observance. Students have never been considered staff before this rule which has led to some confusion. The CMS Rule includes students in the definition of “staff” required to be vaccinated. The Biden Administration pushed back on that request, and on November 22, 2022, announced a new enforcement guidance by CMS reminding healthcare providers of COVID-19 vaccine requirements. On November 17, 2022, Attorney Generals in 21 states filed a petition to end the COVID-19 vaccination requirement. In fall 2022, it appeared medical facilities were relaxing their vaccination requirements. The CMS Rule may eventually be overturned but that doesn’t help if a student needs the clinical to graduate before then. That rule has been challenged by multiple States’ Attorneys General in two different lawsuits. ![]() On November 4, 2021, the Centers for Medicare and Medicaid Services (CMS) issued an interim final rule (the “CMS Rule”) requiring COVID-19 vaccination for staff at Medicare- and Medicaid-certified providers and suppliers. What about nursing students for clinical rotations? That’s more complicated because of a federal regulation that affects the facilities where most clinical rotations occur. “Upon submission of a written statement of the bona fide religious beliefs and opposition to the immunization requirements, the person may attend the college, university, school or facility without presenting a certificate of immunization.” North Carolina General Statute 130A-157. College or high school students (or parents of minor students) can write a statement seeking a religious exemption. Nursing students in North Carolina are required to offer proof of various vaccinations for the clinicals based on the state’s required childhood immunizations. This affects nursing students and their clinical rotations. One of those things is the Medicare and Medicate Provider COVID-19 Vaccine Mandate. That means certain laws and regulations that were triggered by the Public Health Emergency will continue to be in effect as long as the Public Health Emergency continues. On January 11, 2023, the Biden Administration renewed the COVID-19 Public Health Emergency.
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