FW: Parental Rights Vaccination Exemption Threatened - Letters needed by Wed Noon.

[Guest guest]

ATTENTION CALIFORNIANS:INFORMED CONSENT RIGHTS ARE THREATENED FOR THE MEDICAL PROCEDURE OF VACCINATION

AB 2109, a new bill in the California Legislature, would make vaccination exemptions much harder, or nearly impossible, for some to obtain in California. Introduced on April 23, 2012 by Assembly Member Pan, AB 2109 would require parents who wish to opt out of the legal requirement to vaccinate their children to obtain a signature from a “health care practitioner” stating that they have been informed of the benefits and risks of immunizations as well as the potential risks of communicable disease. Additionally, parents would have to provide a written statement attesting that they have received this information from the practitioner. The requirement would apply to anyone enrolling in any public and most private children’s programs including daycare, homeschooling, charter, private and public school.

These new forms and process would be required for every individual vaccine that a parent does not want administered to their newborn infant continuing through their child’s 19th birthday.

One of the author’s publicly-stated reasons for the bill is that parents who do not agree with the California Department of Public Health’s ( CDPH’s) list of required vaccines, or timing of vaccine administration require “counseling” . The type of “counseling”, as coined by Assembly Member Pan, is not specified in the law leaving it open to the personal opinion of the health practitioner.

Health practitioners are not required to sign the philosophical exemption forms. It is predicted that the vast majority of health practitioners will refuse to sign these forms.

Parents who are perfectly comfortable with the current list of vaccines that are required today may not be comfortable with a new vaccine mandate that will be required tomorrow.

If allowed to become law, parents who decide against vaccination would be required to locate and pay a health practitioner who would provide the “counseling” and hopefully then sign the philosophical exemption for each and every vaccine and dose.

This would mean that only those exclusive few who can afford “counseling” and afford a health care practitioner’s authorization would be able to access their right to religious, belief and personal thought exemption. This would also place an unneeded burden upon public health plans such as MediCal, and public employee plans at PERS, and STRS that would be ultimately required to pay for this expensive process of additional health practitioner appointments and personal time with the health practitioner.

Schools would have another mandate to police the arduous exemption process removing their focus upon the education of students. Schools would be provided more money from a budget that is in deficit.

All medical procedures require informed consent and are to be chosen and directed by the patient. Informed consent necessarily requires that a person can refuse any treatment with uncomplicated ease. Unlike all other medical procedures, informed consent for vaccination is especially important as doctors and pharmaceutical companies have been indemnified of any responsibility or liability when side effects occur. Vaccines are not harmless drugs as the ingredients are toxic and side effects can include adverse reactions including permanent disability, chronic illness, and death.

If this legislation is allowed to become law, citizens would be required to receive dozens of medical procedures without informed consent free of coercion, obstacle, and infringement, and without easily accessed exemption or due process.

IF YOU ARE CONCERNED ABOUT MAKING YOUR OWN MEDICAL DECISIONS, AND THOSE FOR YOUR CHIDLREN, YOUR ACTION IS NEEDED IMMEDIATELY

1. Contact your health practitioner to determine if he or she will honor and support you in making private, individual health care decisions. If your doctor does not fully support you in informed decision-making, this would be an opportunity to locate a new practitioner before urgent advice or direct care is needed.

2. Write letters to the Chair and Vice Chair of the Assembly Health Committee and to your Assembly Member. Letters can be sent until the hearing for consideration, however, to be included in the official count of persons who are either in support or opposition, your letter or call must be received by noon, Wednesday, April 11th.

3. Letters can be sent by individual spouses in one family.

4. Letters can be brief and uncomplicated. Simply stating your opposition to the bill is most important.

5. In addition to written correspondence, please call the Chairs and your Assembly Member.

6. Inform friends and family of this important issue and ask them to write a letter and make a call to their representatives.

7. Attend the committee hearing on Tuesday, April 17, 1:30 in Room 4202 in the State Capitol. In addition to being an audience member, you can also choose to make a brief statement during the public comment period.

DEADLINE FOR INCLUSION IN COMMITTEE MINUTES IS NOON ON WEDNESDAY, APRIL 11th

Continue to send letters to the Committee Members and your personal Assembly Member until the hearing. Call Assembly Members in addition to your letters. As always, a show of courtesy and respect when interacting with public officials is appreciated.

Assembly Member Bill Monning

Chair, Assembly Health Committee

State Capitol

P.O. Box 942849, Room 6005

Sacramento, CA 94249-0027

916-319-2027 voice

916-319-2127 fax

rosielyn.pulmano@...

Assembly Member Dan Logue

Vice Chair, Assembly Health Committee

P.O. Box 942849, Room 4158

Sacramento, CA 94249-0003

916-319-2003 voice

916-319-2103 fax

rosielyn.pulmano@...

More information including the full text and updates about AB 2109 can be found at www.feat.org.

Information provided by FEAT is informational and not a substitute for legal or medical advice. FEAT recommends that citizens read the text of laws and proposed legislation to offer individualized comment.

LEGISLATIVE COUNSEL'S DIGEST

An act to amend Section 120365 of the Health and Safety Code, relating to communicable disease.

Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her first admission to that institution he or she has been fully immunized against various diseases, as specified. Existing law prohibits admission or advancement of a pupil to the 7th grade level without a full immunization against hepatitis B.

Existing law exempts a person from the above-described immunization requirement if the parent or guardian or other specified persons file with the governing authority a letter or affidavit stating that the immunization is contrary to his or her beliefs. However, whenever there is good cause to believe that the person has been exposed to one of the diseases, a person may be temporarily excluded from the school or institution, as specified.

This bill would require, on and after July 1, 2013, the above-described letter or affidavit to be accompanied by a form prescribed by the State Department of Public Health that includes a written statement signed by a health care practitioner, as defined, that indicates that the health care practitioner provided the parent or guardian of the person, or the person, if an emancipated minor, who is subject to the immunization requirements with information regarding the benefits and risks of the immunization and the health risks of specified communicable diseases. The bill would also require the form to include a written statement by the parent, guardian, or person, if an emancipated minor, that indicates that he or she received the information from the health care practitioner.

By imposing new duties upon local officials, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes

BILL TEXT:

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 120365 of the Health and Safety Code is amended to read:

120365. (a) Immunization of a person shall not be required for admission to a school or other institution listed in Section 120335 if the parent or guardian or adult who has assumed responsibility for his or her care and custody in the case of a minor, or the person seeking admission if an emancipated minor, files with the governing authority a letter or affidavit stating that the immunization is contrary to his or her beliefs.

( On and after July 1, 2013, a separate form prescribed by the State Department of Public Health shall accompany the letter or affidavit filed pursuant to subdivision (a). The form shall include both of the following:

(1) A written statement signed by a health care practitioner that indicates that the health care practitioner provided the parent or guardian of the person, or the person if an emancipated minor, who is subject to the immunization requirements of this chapter with information regarding the benefits and risks of the immunization and the health risks of the communicable diseases listed in Section 120335 to the person and to the community. This statement shall be signed not more than six months from the date when the person subject to the immunization requirements is first admitted to the school. If the person was admitted to the school prior to entering the 7th grade and is about to enter the 7th grade, then an additional letter or affidavit shall be filed with the written statement signed by the health care practitioner not more than six months from the first day of school for a person about to enter the 7th grade.

(2) A written statement signed by the parent or guardian of the person, or the person if an emancipated minor, who is subject to the immunization requirements of this chapter that indicates that the signor has received the information provided by the health care practitioner described in paragraph (1). This statement shall be signed not more than six months from the date when the person subject to the immunization requirements is first admitted to the school. If the person was admitted to the school prior to entering the 7th grade and is about to enter the 7th grade, then an additional letter or affidavit shall be filed with the written statement signed by the parent not more than six months from the first day of school for a person about to enter the 7th grade.

© When there is good cause to believe that the person has been exposed to one of the communicable diseases listed in subdivision (a) of Section 120325, that person may be temporarily excluded from the school or institution until the local health officer is satisfied that the person is no longer at risk of developing the disease.

(d) A copy of the signed written statement shall be accepted in lieu of the original form. A signed letter from the health care practitioner that references the person’s name shall be accepted in lieu of a statement on the original form.

(e) For purposes of this section, “health care practitioner” means a physician and surgeon, licensed pursuant to Section 2050 of the Business and Professions Code, a nurse practitioner who is authorized to furnish drugs pursuant to Section 2836.1 of the Business and Professions Code, or a physician assistant who is authorized to administer or provide medication pursuant to Section 3502.1 of the Business and Professions Code.

SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

Assembly Member

Phone and Fax

Link to contact form

Monning (D) - Chair

Tel: (916) 319-2027

Fax: (916) 319-2127

Contact Assembly Member W. Monning

Dan Logue ® - Vice Chair

(P) 916-319-2003

(F) 916-319-2103

Contact Assemblyman Dan Logue

Tom Ammiano (D)

Tel: (916) 319-2013

Fax: (916) 319-2113

Contact Assembly Member Tom Ammiano

Toni Atkins (D)

Tel: (916) 319-2076

Fax: (916) 319-2176

Contact Assembly Member Toni Atkins

Bonilla (D)

Tel: (916) 319-2011

Fax: (916) 319-2111

Contact Assemblywoman Bonilla

Mike Eng (D)

Tel: (916) 319-2049

Fax: (916) 319-2149

Contact Assembly Member Mike Eng

Garrick ®

(P) 916-319-2074

(F) 916-319-2174

Contact Assemblyman Garrick

.S Gordon (D)

Tel: (916) 319-2021

Fax: (916) 319-2121

Contact Assemblyman S. Gordon

Hayashi (D)

Tel: (916) 319-2018

Fax: (916) 319-2118

Contact Assembly Member Hayashi

(D)

Tel: (916) 319-2057

Fax: (916) 319-2157

Contact Assembly Assistant Majority Whip Hernández

Bonnie Lowenthal (D)

Tel: (916) 319-2054

Fax: (916) 319-2154

Contact Assembly Member Bonnie Lowenthal

Allan R. Mansoor ®

(P) (916) 319-2068

(F) (916) 319-2168

Contact Assemblyman Allan R. Mansoor

Holly J. (D)

Tel: (916) 319-2047

Fax: (916) 319-2147

Contact Assembly Member Holly J.

Nestande ®

(P) 916-319-2064

(F) 916-319-2164

Contact Assembly Member Nestande

Pan (D) – sponsor

Tel: (916) 452-0505

Fax: (916) 452-5525

Contact Assembly Member Pan

V. (D)

Tel: (916) 319-2080

Fax: (916) 319-2180

Contact Assembly Member V. Peréz

Jim Silva ®

(P) 916-319-2067

(F) 916-319-2167

Contact Assembly Member Jim Silva

Cameron Smyth ®

(P) 916-319-2038

(F) 916-319-2138

Contact Assembly Member Cameron Smyth

Das

Tel: (916) 319-2035

Fax: (916) 319-2135

Contact Assembly Member Das

Additional contact information for district offices is available by clicking on the assembly members name here - http://ahea.assembly.ca.gov/membersstaff

Emails are listed as assemblymember.lastname@... , however most assembly members prefer to be contacted via the online contact form.

All the Democratic Assembly Members on this committee voted yes for AB 499, with the exception of Garrick who was absent for the vote. All the Republican Assembly Members on this committee voted NO on AB 499.