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Regulations on Mandatory Vaccination in Care Homes Amended
On 6 January 2022 changes to the mandatory vaccination requirement that currently applies to care home workers in England under the Health and Social Care Act 2008 were implemented.
The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 2) Regulations 2022 (SI 2022/15) were made on 6 January 2022 and implement changes to the mandatory vaccination requirement that currently applies to care home workers in England under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014 (2014/2936) (the 2014 Regulations).
The following changes were made on 7 January 2022 under regulation 3:
- Individuals who have not previously been employed or engaged in the care home can be deployed if they have received a single dose at least 21 days before starting work. They must then obtain a second dose within 10 weeks of the first.
- There is now an exemption for those taking part in clinical trials.
On 1 April 2022, further amendments under regulation 4 will extend the mandatory vaccination requirement to those working in “any other regulated activity” outside a care home. Regulated activities are listed in Schedule 1 of the 2014 Regulations, and include nursing and personal care, and most forms of health care including medical treatment, surgery, diagnostic services, ambulance services, midwifery and dentistry among other things. The vaccination requirement will not apply where the person is under 18, is clinically exempt, has no face-to-face contact with service users, or where the regulated activity is part of a “shared lives agreement”. Similar exemptions will apply in relation to clinical trials and new employees who have only received one dose of vaccine.
Regulation 4 also makes provision for individuals who have received a course of certain COVID-19 vaccines not authorised for use in the UK.
Sources: The Health and Social Care Act 2008 (Regulated Activities) (Amendment) (Coronavirus) (No. 2) Regulations 2022 (SI 2022/15) and the Explanatory Memorandum.