Maine Becomes Latest US State to End COVID-19 Vaccine Mandates for Health Care Workers

Syringes with a COVID-19 vaccine in Bidderford, Maine, on April 26, 2021. Joseph Prezioso/AFP via Getty Images

The Maine Department of Health and Human Services (DHHS) has filed a proposal to remove the COVID-19 vaccine mandate for health care workers.

The proposal, which was filed with Maine’s Secretary of State, is based on evolving scientific evidence and trends including available clinical and epidemiological data about COVID-19, increased population immunity owing to vaccinations and previous infections, and decreased severity of the virus, the department said in a July 11 statement.

“Additionally, Maine healthcare professionals’ strong culture of patient safety has limited the risk of severe COVID-19 being spread among staff and patients,” officials said.

The decision is also based on improved treatments to combat the virus as well as declining infection and death rates, according to the statement.

Maine, which has the nation’s oldest population, is one of four U.S. states that still have some kind of vaccine mandate in place.

However, the department said data show that the mandate achieved its goals of saving lives and protecting health workers and is no longer needed, based on the latest scientific evidence.

“Since the beginning of the COVID-19 pandemic, Maine has followed the science in developing policies to limit the spread of the virus,” DHHS Commissioner Jeanne Lambrew said on July 11. “Today, a robust body of evolving evidence tells us that this requirement achieved its goals of saving lives and protecting health at a crucial time.”

While the department plans to drop the vaccine requirement, officials are still encouraging Maine health workers, including those who work with the state’s most vulnerable residents, to stay up to date with COVID-19 vaccinations.

Job Losses, Lawsuits

That’s in line with similar guidance issued by the Centers for Disease Control and Prevention (CDC) encouraging everyone who’s 6 months and older, including health care workers, to remain up to date on COVID-19 vaccination.

Studies by the CDC have also acknowledged that natural immunity gives better protection against COVID-19 than both primary series of vaccination and vaccination with a messenger RNA booster on top of a primary series.

“As the science evolves, we will continue to follow best practices for infection prevention and control and will promote ongoing efforts to educate our community about the many benefits of vaccines,” said Angela Westhoff, president and CEO of Maine Health Care Association.

The requirement that health care workers be vaccinated against COVID-19 went into effect on Oct. 20, 2021. However, the U.S. Centers for Medicare and Medicaid Services withdrew the requirement on June 8, 2023, shortly after the Biden administration ended the last of the remaining federal vaccine mandates after the COVID-19 public health emergency ended.

In Maine, multiple health care workers filed lawsuits over the vaccine mandate, which prohibited religious exemptions and was considered to be one of the strictest in the nation, when it was first rolled out. The measure resulted in nearly 10 percent of the state’s health care workforce leaving their jobs, according to 2021 data.

Many of the lawsuits were later dismissed, although an appeals court in May ordered that one case that was filed by seven health care workers, which cited possible violations of First Amendment and Equal Protection rights, be reconsidered.

The latest proposal by Maine’s Health Department will likely be adopted following public comment at the end of the year, but in the meantime, DHHS will continue to “exercise enforcement discretion” regarding COVID-19 vaccination of health care workers, officials said.

GOP Lawmakers Urge Swift Mandate Removal

Health care providers are also able to continue implementing COVID-19 vaccination requirements for their employees during this time, according to the statement.

Republican lawmakers welcomed the proposed rule change in a statement.

“We appreciate that Maine DHHS has recognized the mandate does not serve any public health interest and begun the rulemaking process to repeal it,” the statement reads. “We urge the administration to expedite the process well before the stated end of 2023. Republicans hope that some of our health care and EMS heroes who left the profession—and in some cases even the state—can return to serve Maine once again.”

It isn’t yet clear whether hospitals or health care facilities will rehire workers who lost their jobs or were forced to quit owing to the initial vaccine mandate.

Dr. James Jarvis, physician leader for incident command at Northern Light Health in Maine, told NBC affiliate News Center Maine on July 11 that health care facilities and hospitals in the state are currently reviewing the information from the Health Department.

“We’re looking at all of the implications that that rule change might have for us. No decision has been made. I will say, we will continue to follow the science and the best evidence, particularly, at this time,” Dr. Jarvis said.

In order to remove the vaccine mandate for emergency medical technicians, the Maine Department of Health will need to file a separate proposal.

The Associated Press contributed to this report.