COVID-19 Vaccination, Mandates & Testing

Mask Mandate Lifted for the Public
Governor Hochul announced that the statewide indoor business mask-or-vaccine requirement was lifted effective Thursday, February 10, 2022. It will remain in effect in certain settings, including public transportation centers, hospitals, and all healthcare settings regulated by the NYS Department of Health. View Full Release & Winter Toolkit

What does this mean for patients?
Since private dental offices are not regulated by the NYS Department of Health (NYSDOH), patient masking is no longer mandated by New York State in this setting. However, the Centers for Disease Control (CDC) still recommends masking for all people in a healthcare setting.

What does this mean for staff?
The NYS HERO Act expired March 17, 2022 but NYSDA continues to recommend that all dental healthcare providers (DHCP) wear masks in the dental office setting.

What does this mean for employers?
While NYSDOH and CDC provide guidance, they do not represent the force of law. Members should understand that it is well within their right to require masks in their private dental office. Not only is it allowable, it is considered prudent.

Local Municipalities May Still Enact Mask Mandates
Lastly, keep in mind that local municipalities may still enact their own indoor masking mandates, so be sure to check with your local governments.

Additional COVID-19 resources are available at www.nysdental.org/covid19.

(Reviewed May 15, 2023)

The New York State Dental Association (NYSDA) has always strongly supported vaccines and successfully advocated for dentists to be authorized to administer the COVID-19 vaccine during the public health emergency.

New York State had previously mandated that all health care workers in state-run health care facilities be vaccinated for COVID-19. New York State now mandates that health care workers in all health care facilities, whether state-run or not, be vaccinated for COVID-19.

NYSDA supports the right of dentists to use their professional judgement to decide what is best for their individual practices. In addition, NYSDA strongly encourages the vaccination of all health care personnel. Dentistry has always been a leader in patient safety and infection control and have enhanced their safety measures more than ever before.

We encourage you to seek legal counsel when creating a vaccine mandate policy for your practice.

• Legal services panel www.nysdental.org/legalresources
• EEOC Issues COVID-19 Guidance for Employers on Mandatory Vaccinations and Other Workplace Policies The United States Equal Employment Opportunity Commission (EEOC) has issued guidance for employers on a wide range of office policies in relation to the novel coronavirus (COVID-19) pandemic, including the topic of employers requiring COVID-19 vaccinations for employees. The EEOC notes that while mandatory COVID-19 employee vaccination policies are permissible, there are many legal considerations that have to be addressed properly. New York classifies COVID-19 as a disability eligible for disability benefits and the New York State Division of Human Rights has set up a hotline for questions about discrimination issues related to COVID-19 at: 1-888-392-3644. Any dental employer looking to implement a mandatory COVID-19 vaccination policy for employees should contact their attorney to help navigate all the legal and liability issues involved. You can read the EEOC announcement and summary of its COVID-19 guidance for employers below.
• EEOC COVID-19 Guidance. The EEOC updated "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws." This technical assistance question and answer document provides guidance regarding COVID-19 and disability employment laws. Topics addressed include medical exams and information, reasonable accommodations, and vaccinations.

"What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws"

Centers for Medicare & Medicaid Services (CMS) at the Department of Health and Human Services is requiring workers at health care facilities (covered facility that receives federal funding like a hospital or long-term care facility) participating in Medicare or Medicaid to to be fully vaccinated.

Requirements

Press Release