Health Law Monitor
A New COVID-19 Vaccination Order Issued in the City and County of Denver
August 4, 2021
On August 2, 2021, the Denver Department of Public Health & Environment released an order requiring personnel of certain types of entities to be fully vaccinated against COVID-19 by September 30, 2021. Those types of entities and their personnel bound to the order are:
- the City and County of Denver;
- care facilities;
- hospitals;
- clinical settings;
- limited healthcare settings;
- shelters for people experiencing homelessness, including day and overnight shelters;
- correctional facilities, including jails, detention centers, and community corrections sites and residences;
- schools, including post-secondary and higher education;
- childcare centers and services;
- any entity providing home care to patients; and
- any entity providing first responder services.
Additionally, any personnel hired after September 30, 2021, must be vaccinated. All personnel will be treated as unvaccinated until proven otherwise, including those who provide to decline vaccination status. The entities listed above are additionally required to maintain records of personnel vaccination status. Such records must be made available to the health authorities.
“Personnel” means employees of the entities or types of entities listed above, as well as individuals who provide services on site and/or in the field to or on behalf of the entities or classes of entities listed above on a contractual or volunteer basis. Unpaid employees and volunteers are considered personnel.
The order, however, is silent regarding exemptions relative to medical issues or religion. In its memorandum regarding the same order, Denver Public Schools stated that there would be exemptions for medical or religious reasons. Many of our clients are currently seeking guidance regarding exemptions from their Denver Department of Public Health & Environment representatives.
The Denver Department of Public Health & Environment stated that this order is based on evidence of continued community transmission of COVID-19 and the rise of the Delta variant cases within the City and County of Denver.
Jackson Kelly will continue to monitor developments in this order as well as any other COVID orders in the State of Colorado.