Can a North Carolina hospital require its nurses, doctors, and other staff who work around pregnant women to show that they're immune to rubella, or be tested for it, or get the vaccine?

Short answer Yes. The 1984 AG concluded that a hospital, clinic, or other medical facility may, as a reasonable condition of employment, require personnel in contact with pregnant women to document rubella immunity or be tested and immunized if susceptible. The facility may, in the medical director's professional judgment, extend the same requirement to personnel in contact with women of childbearing age more broadly.
State
North Carolina
Opinion
NC AG Advisory Opinion (1984-04-12)
Issued
April 12, 1984
Issued by
Rufus L. Edmisten, Attorney General; Robert R. Reilly, Assistant Attorney General
Requested by
J. N. MacCormack, M.D., Chief, Epidemiology Section, Division of Health Services

Apply this to your situation

This page answers the general question as of 1984. Ask about yours and see what current North Carolina law means for your facts, with citations you can check.

Disclaimer: This is an official North Carolina Attorney General advisory opinion. AG opinions are persuasive authority but not binding precedent like a court ruling. This summary is for informational purposes only and is not legal advice. Consult a licensed North Carolina attorney for advice on your specific situation.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official AG opinion. The original opinion (linked on this page) is the authoritative source for any reliance.

Plain-English summary

The North Carolina Attorney General concluded that a hospital, clinic, or other medical facility may make rubella immunity a reasonable condition of employment for personnel who come into contact with pregnant women. The facility may require documentation of immunity or testing for susceptibility followed by immunization if the worker is susceptible.

The opinion also allows the same requirement for personnel who come into contact with female patients of childbearing age if the facility's medical director deems it necessary in their professional judgment.

Currency note

This opinion was issued in 1984. Check current law and public health requirements before using it to set a present-day employment policy.

Common questions

Does the opinion require immunizing every employee?

No. It allows a facility to ask covered personnel for documentation of rubella immunity. If they do not document immunity, the facility may require testing and immunization if they are susceptible.

Which personnel does the conclusion cover?

It covers personnel who come into contact with pregnant women. It also covers personnel who come into contact with female patients of childbearing age if the medical director deems that broader requirement necessary in their professional judgment.

What does the opinion say about an employee who refuses testing or immunization?

It calls the requirement a reasonable condition of employment but does not address refusal, reassignment, discipline, or dismissal.

Does it address other vaccines or employment accommodations?

No. The conclusion concerns rubella immunity. The stored opinion text does not discuss other vaccines or exemptions.

Source

Original opinion text

Subject:

Requested By: J. N. MacCormack, M.D., Chief, Epidemiology Section, Division of Health Services

Conclusion: A hospital, clinic or other medical facility, as a reasonable condition of employment, may (1) require all personnel who come in contact with pregnant women to provide documentation of immunity to rubella or to be tested for susceptibility for rubella and to be immunized if susceptible and (2), if deemed necessary in the professional judgment of the medical director of the facility, require all personnel who come in contact with female patients of childbearing age to provide documentation of immunity to rubella or to be tested for susceptibility for rubella and to be immunized if susceptible.

(at 645) The Court cited North Carolina cases concerning the duty to make a reasonable inspection of equipment, to provide equipment reasonably suited for the intended use, to not obey instructions of a physician which are obviously negligent or dangerous, to promulgate adequate safety rules relating to the handling, storage and administering of medications, and to . . .

RUFUS L. EDMISTEN
Attorney General

Robert R. Reilly
Assistant Attorney General

What does North Carolina law say today, for your facts?

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