By Katy Grimes

California’s kids receive more than 50 childhood vaccinations. However, not all parents agree with the aggressive vaccination schedule and opt out.

But this option will no longer be a choice, now that a new state law has been passed. AB 2109 states that children will not be allowed to attend public school without proof that parents have been counseled, and children vaccinated.

In the 1960’s, children received only four vaccines: Smallpox, measles, polio and mumps vaccines. Now, children could receive as many as 24 shots by 2 years of age and five shots in a single visit, according to the Children’s Hospital of Philadelphia.

There is a growing belief among parents that the dramatic rise in autism is directly related to the increase in childhood vaccinations. Many parents don’t want the state taking the decision to vaccinate or not, away from them.

AB 2109 will require parents of public school children to either get their children vaccinated, or acquire a waiver from a doctor or nurse saying they have been counseled about the benefits and risks of immunization. But acquiring this waiver is not as easy as it sounds. Many parents testified at the legislative hearings that they had been “fired” by their pediatricians for daring to question the vaccinations.

The Centers for Disease Control admits that as many as 30,000 adverse reactions to vaccinations are reported every year. And between 3,000 and 4,500 severe vaccine reactions, up to and including death, occur every year in the United States. Some doctors say that the numbers of severe reactions to vaccinations are much higher than the CDC’s numbers.

The committee hearings about AB 2109 were full of emotion and drama. Debate over the vaccine bill was highly contentious, with Democratic legislators largely ignoring parental concerns.

No vaccinations, no public school

AB 2109 is by Assemblyman Richard Pan, D-Sacramento, who is also a medical doctor.

The issue at the root of Pan’s bill is the influx of children from other countries into California’s public schools, who bring with them new strains of measles, mumps, chicken pox and flu bugs, among other communicable diseases. Children who have recently traveled out of the country also bring home infectious diseases. Instead of dealing with the root of the problem, with the stroke of a pen, the Legislature and governor decided that every child must get vaccinated.

Doctors do battle

According to Dr. Pan, “California is one of only 20 states that allows for a personal beliefs, or philosophical exemption, to school or childcare immunization requirements. Under current law, to exempt the child from the immunization requirements, a parent or guardian must only provide a signed written statement or sign their name to a two-sentence standard exemption statement on the back of the School Immunization Record. While parents do have a choice to exempt their children, they are not required to document their concerns about vaccines or affirm that they have reviewed fact-based, accurate information regarding the risks and benefits of vaccines and the risks of vaccine-preventable diseases.”

According to Dr. Bob Sears, a pediatrician in Orange County and opponent of AB 2109, who testified at the hearings, “The largest study done to date on this issue (Dismissing the family who refuses vaccines: A study of pediatrician attitudes, Archives of Pediatric and Adolescent Medicine, Oct. 2005) reveals that 39 percent of American pediatricians state they will dismiss patients from their office for non-compliance with vaccinations.”

National Vaccine Information Center

“Dr. Pan misled his colleagues into believing that that forcing parents to pay for a doctor’s appointment to beg a hostile pediatrician or medical worker to sign a personal belief exemption form is all about education,” the NVIC wrote on its website.

“Medical trade associations that helped Dr. Pan lobby the state legislature included the California Medical Association, Health Officers Association of California, California Immunization Coalition and the American Academy of Pediatrics. In public hearings this year, educated, articulate mothers and fathers stood up to these powerful medical groups and defended their parental and informed consent rights.

In a syndicated Associated Press article, Dr. Pan lashed out at families sending their children to private schools and accused them of becoming too educated about vaccination. Dr. Pan said: “In private schools, these are people who have money, who are upper middle class, and they are going on the internet and seeing information and misinformation.”

 Parents and Chiropractors oppose AB 2109

“This bill is a complete violation of human rights and parents rights to choose what they feel are best health care practices for their children,” a mother and chiropractor wrote on the bill website. “There is no research that shows what happens to vaccines and all the ingredients once they are injected. Without this knowledge, one cannot conclude that vaccines do not cause things such as neurological damage, autoimmune disorders, increased allergies and toxic overload.”

She wrote exactly what many parents and Chiropractors tried to convey at the hearings, but were not allowed time to speak.

However, support for AB 2109 by traditional medical doctors and pharmaceutical companies and associations was nearly universal. The California Medical Association, the California Pharmacy Association, the Association of Physician Assistants, the California State Employees Association, the County Health Executive Association, as well as the doctors and dentists’ unions, testified in support of AB 2109 at the hearings.

And they brought in many young doctors and medical students to show support for the bill, all offering assurances that they would sign a waiver form for parents opting out of vaccinations.

“Could it be that doctors with financial ties to medical trade associations, vaccine manufacturers and government health agencies are lobbying so hard to severely restrict or get rid of all vaccine exemptions because, every day, there are more and more Americans, who know somebody who was healthy, got vaccinated and was never healthy again?” the NVIC asked.

AB 2109 appeared to gather a life of its own during the process. No matter how many parents and doctors showed up at committee hearings to oppose it, Democratic committee members appeared deaf to their concerns, as if operating on a strict agenda. Even if legislators disagree with the claim that vaccinations cause autism and other health problems in children, the more disturbing aspect was their willingness to throw parents’ rights out of the window.

The bill was sponsored by the California Immunization Coalition, along with the American Academy of Pediatrics, the California Medical Association, and the Health Officers Association of California.

The California Immunization Coalition Board of Directors is made up of primarily public health doctors, pharmacologists, and medical industry consultants and lobbyists, and is a perfect example of special interests pushing a bill from which they will greatly benefit.

“When you follow the money, you realize that vaccine makers are the ones pulling the political strings to eliminate vaccine exemptions,” the NVIC explained. “Make no mistake about it, it’s the Pharma-funded medical trade associations and state and federal health agency employees that are lobbying in state legislatures for non-medical vaccine exemptions to be removed, and it has everything to do with maximizing profits, and nothing to do with protecting people’s health from every disease under the sun.”

By Katy Grimes

Debate over a vaccine bill injected drama into a hearing of the Assembly Health Committee in the California Legislature Tuesday. Legislators ignored parental concerns. And the Capitol sergeants brutalized parents holding infants.

What should have been a hearing addressing parental concerns in a democracy turned into Lobby Day for the California Medical Association and hundreds of public health doctors, medical school students and other medical practitioners who flooded the hearing room in support of AB 2109 by Assemblyman Richard Pan, D-Sacramento, himself a medical doctor.

The unspeakable issue at the root of Pan’s bill is the influx of children from other countries into California’s public schools, who bring with them new strains of measles, mumps, chicken pox and flu bugs, among other communicable diseases. Children who have recently traveled out of the country also bring home infectious diseases.

It is not politically correct to address that problem. Instead the Legislature is proposing that everyone get vaccinated.

It’s no different that a teacher punishing the entire class because of one bad kid. The inability to single out the issue is the problem.

Tense Hearing

The Health Committee chairman, Assemblyman Bill Monning, D-Carmel, appeared agitated from the outset of the hearing. He admonished the gathered audience of mostly parents several times before the the hearing even started.

Dean Blumberg, an associate professor for U.C. Davis specializing in infectious diseases, testified in support of Pan’s bill. Blumberg said that, even with the many life-saving vaccinations available, he still sees children who have not been vaccinated. The children end up sick, with preventable illnesses.

And for that reason, Blumberg said California needs to maintain very high school immunization rates. He added that Pan’s bill does not infringe on parents’ rights to choose to vaccinate, or not.

Doctors Show Support for AB 2109

All of the public health players were at the hearing and testified in support of AB 2109: The California Medical Association, the California Pharmacy Association, the Association of Physician Assistants, the California State Employees Association, the County Health Executive Association, as well as the doctors and dentists’ unions.

Doctors and medical students lined up to show support for the bill, and each assured the committee that they would sign a waiver form for parents opting out of vaccinations.

Vehement Opposition to AB 2109

Dawn Winkler testified in opposition to AB 2109, and said that children get more than 50 vaccinations. Winkler, the California State co-director of the National Vaccine Information Center, and executive director of Health Advocacy in the Public Interest, said the bill was not about parents receiving more accurate information about vaccinations. “They already have that available,” Winkler said. “This is about parents’ rights, under the law. Why on earth should parents have to obtain more information about vaccinations and opt-out permission? This will interfere with the right to free education and the right to religious freedom. This bill poses a threat to freedom.”

Hundreds of parents testified that they have been “fired” by their childrens’ pediatricians for refusing vaccinations. “I’ve been bullied by my pediatrician, harassed, and kicked out,” one woman explained. Many others relayed similar stories.

Bob Sears, a private practice pediatrician and 14-year member of the American Association of Pediatricians, said he believes in providing vaccinations, but expressed concern over evidence that many doctors will not sign the waiver for parents to opt-out of vaccinations. “A study of over 1,000 pediatricians found that 39 percent of the American Association of Pediatricians said they will kick parents out if vaccinations are refused,” Sears said.

The bill’s sponsors, The American Academy of Pediatrics, the California Medical Association and the Health Officers Association of California, said that the continued increase in personal belief exemptions and resultant decreases in community immunization rates “could have a significant impact on public safety and because PBEs are relatively easy to obtain,” and recommend strong support for AB 2109.

“How many kids won’t be able to sign up for school?” Sears asked. “Free choice is not having to get a doctor to sign off on a free choice.”

Sears said that the  Centers for Disease Control admits that as many as 30,000 adverse reactions to vaccinations are reported every year. And between 3,000 and 4,500 severe vaccine reactions, up to and including death, occur every year in the United States. Some doctors say that the numbers of severe reactions to vaccinations are much higher than the CDC’s numbers.

Parents Oppose AB 2109

Testifying in opposition to AB 2109, hundreds of chiropracters, parents, medical doctors and students lined up and shared why they oppose the bill.

“Two of my three children are vaccination-injured,”  one mother said. Parent after parent testified about vaccine-injured children, and why they opted not to vaccinate the rest of their kids. Others reported that they had been harassed, bullied and kicked out of numerous pediatricians’ offices for refusing vaccinations for their children.

One physician said that children in foreign countries are healthier than American children because they don’t get the 50 vaccinations American children get.

Parents testified that they were intelligent and educated enough to make the decision to vaccinate or not. “I am a Carnegie Mellon graduate. My son got the mandatory Hepatitus B cavvination and got very sick,” a mother testified.

“I am a member of MENSA,  have a bachelors degree and am smart enough to make the choice for my family,” another mother testified.

An attorney testified that she represents parents over privacy and HIPPA rights. The HIPAA Privacy Rule provides federal protections for personal health information held by doctor’s offices, and gives patients an array of rights with how that information is used.

Committee Questions AB 2109

Assemblyman Dan Logue, R-Linda, asked what will happen to school-aged children if parents can’t get a doctor to sign off on the vaccination opt-out waiver. Pan said that there are 150,000 medical practitioners in the state. “We will get somebody to sign the form,” Pan said.

But Sears disagreed. “The biggest issue is: Can you find a doctor to sign the form?”

Logue pressed for an answer. “I asked what happens if no one signs the form?”

“Children can’t go to school,” Winkler said.

Logue asked if parents will be billed for an office visit if the physician will not sign the waiver for parents who choose not to vaccinate.

Pan tried to convey that some of the visits to doctors are considered well-care, and under some insurance, parents will not be billed. “We want these kids to go to school,” Pan said.

“But will the insurance company charge them?” Logue asked. He never received an answer.

“How do we know parents lack information?” Assemblyman Allan Mansoor, R-Costa Mesa, asked. “How do we know that they aren’t already informed?”

“Some parents are, but many others are uncertain,” Pan said. “Outbreaks are possible if people have been traveling…. It’s about the other children at school. They depend on the rest of us to get vaccinated,” Pan said.

But that was as far as Dr. Pan went, despite the elephant in the room.

Parental Rights v. Public Health

Most parents were at the hearing concerned about injuries and illnesses from vaccinations. And many of the parents present had children who had been vaccine-injured, including autistic children. There is a growing belief that the dramatic rise in autism is directly related to the increase in childhood vaccinations.

But Monning would not allow anyone to discuss this angle. Only Assemblyman Brian Nestande, R-Palm Desert, managed to ask a question about the correlation between vaccinations and autism, and Monning told him to wrap it up quickly. “The bill does not mandate immunization, just counseling of parents,” Monning said.

Pan interjected that there are recent studies showing a link between obesity and autism, “but the bill is not about that.”

Sears said that the real reason there are illness outbreaks is that many vaccinations wear off quickly. “The point is not because of unvaccinated children. The recent Pertussis whooping cough outbreak was caused by the vaccination wearing off. It was found to be only 41 percent effective,” Sears said.

Sears said that he is not against vaccinations, and administers many to his patients. “Not all vaccinations work well, and you can’t blame the unvaccinated children,” Dr. Sears added. “The issue I am against is taking away the choice of parents.”

Blumberg told the committee that it was apparent the parents present at the hearing were educated and informed, and were not the parents being targeted by the bill.

Bill Passed Out of the Committee

By Katy Grimes

Discussion about the proper role of the Legislature and state government is never more important than when individual liberties and parental rights are under siege. Anytime the Legislature inserts itself into health care issues, individual rights are compromised.

A bill limiting parental decisions when it comes to the health care of children is going to be heard by the Legislature today, and it shouldn’t be taken lightly.

AB 2109, by Dr. Richard Pan, D-Sacramento, will require that parents who choose to opt out of vaccinating their child, called a personal belief exemption, must obtain a signed legal document from a doctor stating that the parent has received medical information on the pros and cons of vaccines.

It sounds rather innocuous, but is a wolf in sheep’s clothing. Inviting lawyers into the medical examination room between parents and doctors will force many doctors to refuse to sign off on the parent’s opt-out option, for fear of legal retribution.

According to Dr. Pan, “California is one of only 20 states that allows for a personal beliefs, or philosophical exemption, to school or childcare immunization requirements. Under current law, to exempt the child from the immunization requirements, a parent or guardian must only provide a signed written statement or sign their name to a two-sentence standard exemption statement on the back of the School Immunization Record. While parents do have a choice to exempt their children, they are not required to document their concerns about vaccines or affirm that they have reviewed fact-based, accurate information regarding the risks and benefits of vaccines and the risks of vaccine-preventable diseases.”

According to Dr. Bob Sears, a pediatrician in Orange County, “the largest study done to date on this issue (Dismissing the family who refuses vaccines: A study of pediatrician attitudes, Archives of Pediatric and Adolescent Medicine, Oct 2005) reveals that 39 percent of American pediatricians state they will dismiss patients from their office for non-compliance with vaccinations.”

Unwilling medics

Sears wrote in the Flash Report Monday that the implementation of AB 2109 is entirely contingent upon the false assumption that all pediatricians will sign off on a patient’s decision not to vaccinate. Sears said that based on the research, many doctors may be unwilling to sign the parental waiver.

Yet, despite the many benefits of vaccines, the Centers for Disease Control admits that between 3,000 and 4,500 severe vaccine reactions are reported every year in the United States. Some doctors say that the numbers of severe reactions to vaccinations are much higher than the CDC’s numbers.

Besides just the potential for severe reactions to vaccinations, many parents believe that vaccinations are at the root of the dramatic rise in childhood autism. For this reason, many parents are unnerved by Pan’s bill.

Increase in exemptions

The bill’s sponsors, The American Academy of Pediatrics, the California Medical Association and the Health Officers Association of California, state that the continued increase in personal belief exemptions and resultant decreases in community immunization rates “could have a significant impact on public safety and because PBEs are relatively easy to obtain,” and recommend strong support for AB 2109.

The current ease parents have in opting-out of vaccinations for children is why Pan wants to substantially stiffen up the process to make it more difficult, more ominous, and more costly as parents will end up paying for more doctor appointments, searching for any doctor to sign their opt-out form.

Without the vaccinations, parents will not be allowed to enroll children in public school. AB 2109 lacks any recourse for parents.

Sears argued what should be a personal freedom for families would become contingent on a third-party signature, which directly gives the physician ultimate power over their patient’s decision.

The Pacific Justice Institute opposes AB 2109, and states that existing law already provides a reasonable process for exemptions from mandated student vaccinations.

The opposition analysis for AB 2109 states, “This bill changes the current approach and inserts more bureaucracy into intimate medical decisions. The Health Advocacy in the Public Interest indicates that parents must have the freedom to make their own decisions with respect to the vaccination of their children.”

“Numerous letters from individuals, parents, and practitioners state that this bill is an intrusion into the personal freedom of parents to make health care decisions for their children. They state that this measure causes undue burden on parents, discriminates against families utilizing complementary and alternative medicine; and promotes more vaccine use and profit from the pharmaceutical industry.”

Expect to see expenditures and higher costs associated with the bill as well. “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,” the bill states.

The bill would result in preventing children from entering school, violates parental rights, and creates a path for more money to schools to cover associated costs. This is what a bad bill looks like.