Health care workers in New York will no longer be forced to get the H1N1 swine flu vaccine, CBS 2 reports.

A state Supreme Court judge issued a restraining order Friday against the state from enforcing the controversial mandatory vaccination.

Three parties – the Public Employees Federaion, New York State United Teachers, and an attorney representing four Albany nurses – challenged the order and for now the vaccination for nurses, doctors, aides, and non-medical staff members who might be in a patient’s room will remain voluntary.

New York was the first state in the country to initially mandate flu vaccinations for its health care workers, but many health care workers quickly protested against the ruling. In Hauppauge, workers outside a local clinic screamed “No forced shots!” when the mandate came down at the end of September.

The protest also shook Albany. Hundreds of demonstrators demanded freedom of choice. After all, as health care professionals, they argue they’re already constantly washing their hands and aren’t likely to transmit or contract the flu.

Around 500,000 health care workers would have been slated to receive the vaccine.

The state said change was needed this year to save lives. Typically only about 45 percent of health care workers take advantage of voluntary flu vaccines.

More than 150 institutional outbreaks of seasonal and H1N1 flu are expected this year in hospitals, nursing homes and hospice centers.

There is also a strong resistance to the vaccine from the general public. A new Harvard University poll shows that only four in 10 adults intend to take the vaccine themselves, and only six in 10 plan to give it to their children.

(Source: WCBSTV)