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NVIC e-news June 26, 2007

"This bill (AB 16) would automatically add every new vaccine recommended by a panel controlled by public health officials and vaccine manufacturers to the dozens of doses of vaccines California children already receive today. It is the most significant bill affecting vaccine laws and children since 1980 when California fist mandated vaccines for California's children. This bill is a horrible example of special interest legislation. In my 34 years of working in and around the Capitol, it is the worst," said Rick. "We need everyone in California to contact members of the Senate Education Committee tomorrow and ask that they vote "NO" on AB 16. They can write, email, call or show up and testify against the bill." said Rick Rollens, co-founder of the M.I.N.D. Institute - UC, Davis.

Tomorrow, Wednesday, June 27 at 9:30 a.m., the California Senate Education Committee will hold a hearing on AB 16, a bill that would remove the ability of California citizens to oppose new vaccine mandates. AB 16, which passed the California Assembly after long and contentious debate, would cut the citizens of California, the legislature and the Governor out of the democratic process of deciding whether or not a new vaccine will be required for entry to school. No longer would the approval of the public, the California Legislature and Governor be required when new vaccine mandates are proposed. All power to decide which vaccines are mandated in California would be handed over to state public health officials and they, alone, would make the decision.

AB 16 requires that all new vaccines recommended for universal use by the Centers for Disease Control be automatically added to California's mandatory vaccination laws five years after licensure. There would be no public debate about the proposed new vaccine mandate, such as occurred with proposed mandates for HPV vaccine which were successfully defeated this year in California. The bill is being sponsored by Assemblymen Hernandez and Garcia and was introduced after the citizens of California voiced opposition to an attempt by Merck and pro-HPV vaccine lobbyists to pass a law requiring all 11 year old girls in California to receive HPV vaccine (GARDASIL) in order to attend school.

Rick Rollens, co-founder of the M.I.N.D. Institute - UC Davis, testified against AB 16 in the Assembly. A copy of his testimony and a copy of the bill follows. "This bill would automatically add every new vaccine recommended by a panel controlled by public health officials and vaccine manufacturers to the dozens of doses of vaccines California children already receive today. It is the most significant bill affecting vaccine laws and children since 1980 when California fist mandated vaccines for California's children. This bill is a horrible example of special interest legislation. In my 34 years of working in and around the Capitol, it is the worst," said Rick.

Rick is urging everyone in California to make their voices heard to the members of the Senate Education Committee, who will be hearing the bill tomorrow. "We need everyone in California to contact members of the Senate Education Committee and ask that they vote "NO" on AB 16. They can write, email, call or show up and testify against the bill tomorrow," said Rick.

Double click on each name below for contact information for members of the California Senate Education Committee who will be hearing AB 16 tomorrow, Wednesday, June 27 at 9:30 a.m. in the Senate Education Committee, Room 4203, State Capitol, Sacramento.
 

California State Senate Education Committee

Members:
Senator Jack Scott (Chair)

Senator Mark Wyland (Vice Chair)
Senator Elaine Alquist
Senator Jeff Denham
Senator Abel Maldonado
Senator Alex Padilla
Senator Gloria Romero
Senator Joe Simitian
Senator Tom Torlakson


 

RICK ROLLEN'S TESTIMONY ON AB 16 in the California Assembly

Mr. Chairman and Members:

My name is Rick Rollens. This is my 33 year of being in and around the Capitol. For 24 years I served in the State Senate in numerous positions including a chief of staff to a Senator, chief consultant to the Senate Rules Committee, creator and director of the Office of Senate Floor Analyses, and finally as Secretary of the Senate. In 1996 I resigned my post ion as Secretary of the Senate in order to dedicate my life to finding effective treatments and a cure for my beloved son Russell who suffers from vaccine induced regressive autism.

Since leaving the Senate, I have been extremely active in the autism world. Iam a co-founder of FEAT...Families for Early Autism Treatment, a co- founder of the UC Davis M.I.N.D. Institute, a Speaker's appointee to the Legislative Blue Ribbon Commission on Autism, Superintendent O'Connell's appointee to his Autism Advisory Committee, I have served as a national board member of ASA, the NIH Autism Advisory Committee, and currently serve on numerous autism organizations throughout California, the nation, and the world. My family and I have been featured in dozens of local, state, national and international media stories about autism and the autism epidemic, the crown jewel of them all is this cover story in Newsweek magazine that featured my son Russell on the cover and a feature on Russell's story of his decent into autism at 6 months old after receiving numerous shots at his well baby check up and immediately suffering a classic adverse vaccine reaction leading to his acquired full syndrome autism. That day changed his life and the lives of ALL who know and love him. Russell is not alone.

Today, California is adding 10 new children a day, seven days a week, like Russell to our DD system. In 1980 when California first enacted it's mandatory immunization law, autism accounted for 3% of all the intakes into our DD system. Today, autism only the fastest growing condition entering the system but now accounts for 64% of all the new intakes. In 1980 the incidence of autism was 1 in 10,000, today it is 1-150, and in some areas high as 1-84 children. Twenty years ago there were 2700 persons with autism in our system, today there are 34,000. In the past 9 months alone, we added more children with autism to our system then we did over the 16 YEAR period from 1971-1987! 886 new children in the past 3 months alone.

The most telling fact is that over 91%, or 9 out of 10 persons currently in our system were born after 1980, the year that California's mandatory immunization law was enacted. There is a tsunami of young children aged 3 to 17 years old accounting for nearly 80% of the autism population moving through the system.

I am here today to vehemently oppose AB 16. AB 16 represents an outrageous and arrogant attempt by the makers of the HPV vaccine and Vioxx, as well as those who front for them in the public health community, to strip away from the Legislature and the Governor the responsibility that has been in statute for nearly 30 years to review and approve or reject the addition of new vaccines to the mandatory childhood immunization schedule; and instead, turn over that responsibility to one and a group of their own, a non- accountable bureaucrat, the state Director of Public Health and a Committee 3,000 miles away of vaccine promoters who have yet to reject an application for adding a new vaccine to the schedule, and numerous members of which are personally and professionally conflicted for accepting research and professional funding and career opportunities from the same vaccine manufactures that are suppose to be regulating. Their behavior and actions have become subject to Congressional investigation and review.

AB 16 as introduced would have added Merck's HPV vaccine to the mandatory schedule. After extensive public hearing and debate in the Assembly Health Committee, it was clear that there was little support to approve the bill and the author refused to even let the bill come up for a vote. This was the second new vaccine that has been rejected by the Legislature in the past five years. I guess enough was enough in the minds of the vaccine manufacturers and their followers. The bill was subsequently gutted and amended the bill to include the provisions before you today.

Keep in mind, that today in California children receive up to 30 doses of vaccines by the age of 6 years old, most of which are administered starting moments after birth through the first two years of life when healthy brain development is most important. If the provisions of AB 16 had been in effect during this current decade, the number of doses of vaccines our children would have been subjected to would have increased to 40 doses. Throughout the country,including right here at the M.I.N.D. Institute, dozens of research projects are currently underway examining the connection between the immune system, vaccines, and autism.

And lastly, be aware that there are over 300 new vaccines currently in development and in the pipeline, including vaccines for such things as nicotine addiction, diarrhea, mononucleosis, cocaine, mehamphetamine, and stomach ulcers. These vaccines, as well as vaccines currently in use today contain such potent toxic and poisonous agents as mercury, aluminum, formaldehyde, aborted fetal tissue, MSG, live viruses, and killed bacteria.

Mr. Chairman and Members, the system we have in place today has served us well for nearly three decades. You and your constituents and future members of the legislature and their constituents have a real say in the very serious issue of what new vaccines are added to MANDATORY childhood immunization schedule. There is sunshine in the current process, this bill takes away the sunshine away and replaces it with a wink and a nod by unaccountable bureaucrats and members of a Committee that have not seen a vaccine they can say no to.

On behalf of the children and their families of today, and the children yet to be born, please reject this horrific proposal. Keep this process in the hands of the people's representatives, do not hand over the future of our children's very health to those who would profit both personally and professionally by approving this bill. Please vote no. Thank you.
 


BILL NUMBER: AB 16
AMENDED BILL TEXT

AMENDED IN ASSEMBLY JUNE 5, 2007
AMENDED IN ASSEMBLY MAY 2, 2007
AMENDED IN ASSEMBLY APRIL 16, 2007
AMENDED IN ASSEMBLY APRIL 11, 2007
AMENDED IN ASSEMBLY MARCH 5, 2007
AMENDED IN ASSEMBLY FEBRUARY 9, 2007

INTRODUCED BY Assembly Member Hernandez
( Principal coauthor: Assembly Member Garcia)

DECEMBER 4, 2006

An act to amend Section 48980 of, and to add Section 48986 to, the Education Code, and to repeal Sections 120325, 120330, and 120340 of, and to repeal and add Sections 120335 and 120365 of, the Health and Safety Code, relating to pupil immunizations.

LEGISLATIVE COUNSEL'S DIGEST

AB 16, as amended, Hernandez. Pupil immunizations. 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.

This bill would, commencing July 1, 2009, repeal those provisions to, in part, prohibit a governing board from unconditionally admitting a pupil unless prior to his or her first admission, the pupil has been fully immunized in accordance with the 2007 recommendations of the Advisory Committee on Immunization Practices (ACIP) of the United States Department of Health and Human Services, except that vaccinations recommended by the ACIP after January 1, 2006, would be required to require to be approved by the State Public Health Officer. The bill would delete developmental centers from the scope of the prohibition.

This bill would, commencing July 1, 2009, require the State Department of Public Health, in coordination with the State Department of Education, to make available to school districts related informational materials.

The bill would also, on and after July 1, 2009, require the State Department of Education to develop a one-page information sheet to be provided to the minor pupil's parent or guardian by the governing board of each school district.

By increasing the duties of local school districts, this bill would impose 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.
State-mandated local program: yes.

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

SECTION 1. The Legislature find and declares all of the following:

(a) Pediatric immunizations have proven to be one of the most successful and cost-effective public health interventions of the 20th century. Immunization programs have led to eradication of smallpox, measles, and poliomyelitis in regions of the world, and substantial reductions in the morbidity and mortality attributed to diphtheria, tetanus, and pertussis. Worldwide, millions of childhood deaths are prevented by vaccinations every year.
(b) State laws on compulsory immunization, which require children to be vaccinated against a multitude of serious contagious diseases prior to entry into school or day care, have played a key role in the success of pediatric immunization programs and help ensure maximum immunization rates to protect individuals as well as the general population.
(c) The Advisory Committee on Immunization Practices (ACIP) consists of 15 experts in fields associated with immunization who have been selected by the Secretary of the United States Department of Health and Human Services to provide advice and guidance to the Secretary, the Assistant Secretary for Health and Human Services, and the Centers for Disease Control and Prevention (CDC) on the most effective means to prevent vaccine-preventable diseases. The role of the committee is to develop written recommendations for the routine administration of vaccines to the pediatric and adult populations, along with schedules regarding the appropriate periodicity, dosage, and contraindications applicable to the vaccines.
(d) In recent decades, as new vaccines were recommended for children by the ACIP, new immunization mandates were added to California's school-entry statute for a certain age or grade, only to later be outdated when immunization guidelines were updated to reflect new science or new vaccines. As a result of numerous legislative changes to this statute it has become antiquated and confusing. This historical legislative role and bureaucratic barriers have also made it more difficult for the former State Department of Health Services to utilize its existing authority to update the required list through regulation.
(e) As our scientific knowledge base increases, new vaccines to protect us against devastating diseases are developed and guidelines for existing vaccinations are updated to respond to outbreaks. Accordingly, it is a public health imperative for the state's mandatory immunization requirements to stay current to maximize immunization rates and protect individual children and the general population from existing and emerging communicable diseases.
(f) As of July 1, 2007, California will have the added benefit of a newly created State Department of Public Health, which is directed by the State Public Health Officer, and advised by the California Conference of Local Health Officers. The department will house the state's Immunization Branch, which provides leadership and support to public and private sector efforts to protect the population against vaccine-preventable diseases. This new public health infrastructure can play an important role in improving California's childhood immunization rates.
(g) Current state law allows a parent to opt out of a mandated immunization for their child. The federal National Childhood Vaccine Injury Act requires all public and private health care providers who administer vaccines to any child to provide to that child's legal representative vaccine information materials developed by the CDC that explain the risks and benefits of the vaccine. Parents are encouraged to discuss the risks and benefits of all vaccines with their child's doctor so they can make an informed decision. Parents should also familiarize themselves with the immunization exemption process in their child's school district.
(h) While this new framework will reside with the executive branch, the Legislature does not intend to relinquish its responsibility on the matter of immunization requirements and will continue oversight of this process through legislative and budgetary mechanisms as necessary.

SEC. 2. Section 48980 of the Education Code is amended to read:
48980.
(a) At the beginning of the first semester or quarter of the regular school term, the governing board of each school district shall notify the parent or guardian of a minor pupil regarding the right or responsibility of the parent or guardian under Sections 35291, 46014, 48205, 48207, 48208, 49403, 49423, 49451, 49472, and 51938 and Chapter 2.3 (commencing with Section 32255) of Part 19.
(b) The notification also shall advise the parent or guardian of the availability of individualized instruction as prescribed by Section 48206.3, and of the program prescribed by Article 9 (commencing with Section 49510) of Chapter 9.
(c) The notification shall also advise the parents and guardians of all pupils attending a school within the district of the schedule of minimum days and pupil-free staff development days, and if any minimum or pupil-free staff development days are scheduled thereafter, the governing board shall notify parents and guardians of the affected pupils as early as possible, but not later than one month before the scheduled minimum or pupil-free day.
(d) The notification also may advise the parent or guardian of the importance of investing for future college or university education for their children and of considering appropriate investment options including, but not limited to, United States Savings Bonds.
(e) Commencing with the 2000-01 school year, and each school year thereafter, the notification shall advise the parent or guardian of the pupil that, commencing with the 2003-04 school year, and each school year thereafter, each pupil completing 12th grade will be required to successfully pass the high school exit examination administered pursuant to Chapter 8 (commencing with Section 60850) of Part 33. The notification shall include, at a minimum, the date of the examination, the requirements for passing the examination, and shall inform the parents and guardians regarding the consequences of not passing the examination and shall inform parents and guardians that passing the examination is a condition of graduation.
(f) Each school district that elects to provide a fingerprinting program pursuant to Article 10 (commencing with Section 32390) shall inform parents or guardians of the program as specified in Section 32390.
(g) The notification shall also include a copy of the district's written policy on sexual harassment established pursuant to Section 212.6, as it relates to pupils.
(h) The notification shall advise the parent or guardian of all existing statutory attendance options and local attendance options available in the school district. That notification shall include all options for meeting residency requirements for school attendance, programmatic options offered within the local attendance areas, and any special programmatic options available on both an interdistrict and intradistrict basis. That notification shall also include a description of all options, a description of the procedure for application for alternative attendance areas or programs, an application form from the district for requesting a change of attendance, and a description of the appeals process available, if any, for a parent or guardian denied a change of attendance. The notification shall also include an explanation of the existing statutory attendance options including, but not limited to, those available under Section 35160.5, Chapter 5 (commencing with Section 46600) of Part 26, subdivision (f) of Section 48204, and Article 1.5 (commencing with Section 48209) of Chapter 2 of Part 27. The department shall produce this portion of the notification and shall distribute it to all school districts.
(i) It is the intent of the Legislature that the governing board of each school district annually review the enrollment options available to the pupils within their districts and that the school districts strive to make available enrollment options that meet the diverse needs, potential, and interests of California's pupils.
(j) The notification shall advise the parent or guardian that no pupil may have his or her grade reduced or lose academic credit for any absence or absences excused pursuant to Section 48205 if missed assignments and tests that can reasonably be provided are satisfactorily completed within a reasonable period of time, and shall include the full text of Section 48205.
(k) The notification shall advise the parent or guardian of the availability of state funds to cover the costs of advanced placement examination fees pursuant to Section 52244.
(l) The notification shall advise the parent or guardian of the immunization requirements described in Section 120335 of the Health and Safety Code by including with the notification the information sheet developed by the State Department of Education pursuant to Section 48986.

SEC. 3. Section 48986 is added to the Education Code, to read:
48986. The State Department of Education, in consultation with the State Department of Public Health, shall develop a one-page information sheet to be provided pursuant to Section 48980 that, in clear, easy to understand language, informs the parent or guardian of all of the following:

(a) Their child is required to be "fully immunized" based on the 2007 recommended immunization schedule produced by the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services and subsequent orders made by the State Public Health Officer.
(b) Childhood immunizations are one of the most successful and cost-effective ways to protect individuals and the general population from serious contagious diseases.
(c) There is a significant public health risk associated with children not getting vaccinated, therefore parents or guardians are strongly encouraged to consult with their child's physician or health care provider about the risks and benefits of all vaccines so they can make an informed decision about immunizations.
(d) Parents may obtain an exemption from the immunization requirement pursuant to Sections 120365 and 120370 of the Health and Safety Code, which allow parents or guardians to exercise the option for exemption either by submitting a letter to the school district stating that the immunization is contrary to their beliefs or by filing a written statement by a licensed physician to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances that contraindicate immunization.
(e) More information about required immunizations, as well as the opt out provisions, may be obtained on the State Department of Public Health Web site or by calling their school district.

SEC. 4. Section 120325 of the Health and Safety Code is repealed.

SEC. 5. Section 120330 of the Health and Safety Code is repealed.
SEC. 6. Section 120335 of the Health and Safety Code is repealed.

SEC. 7. Section 120335 is added to the Health and Safety Code, to read:

120335. (a) The purpose of this section, is to accomplish all of the following:

(1) To achieve universal immunization of appropriate age groups against vaccine-preventable disease.
(2) To be more nimble in responding to new federally recommended immunizations by implementing a systematic, science- driven and nonpoliticized policy framework to ensure that state- mandated immunization requirements are current and based on sound medical and public health guidelines.
(3) To ensure that parents have a right to decline immunizations for their children.
(4) To ensure that the persons required to be immunized be allowed to obtain immunizations from whatever medical source they so desire.
(5) To ensure the adequate records of immunization are maintained and local public health departments are appropriately supported, so that schools, and other institutions, parents or guardians, and the persons immunized will be able to ascertain that a child's immunization needs are met.
(6) To provide parents and guardians with information regarding the immunization requirements of this section pursuant to Section 48980 of the Education Code.
(b) The governing authority of a private or public elementary or secondary school, child care center, day nursery, nursery school, or family day care home shall not unconditionally admit a pupil unless, prior to his or her first admission to that institution, he or she has been fully immunized.
(c) For the purposes of this section:
(1) "State officer" means the State Public Health Officer.
(2) "Fully immunized" means that the pupil has been vaccinated in accordance with recommendations of the Advisory Committee on Immunization Practices (ACIP) that are contained in the United States Department of Health and Human Services, 2007 Recommended Immunization Schedule for persons of zero to 18 years of age, and in accordance with subdivision (d), with the exceptions of those vaccinations designated by the ACIP as recommended for "certain high-risk groups" and vaccinations recommended by the ACIP after January 1, 2006.
(d) Every vaccine recommended by the ACIP after January 1, 2006, for which the cost of the vaccine for Medi-Cal beneficiaries and uninsured children is covered by the federal Vaccines for Children Program, by other federal funds authorized for this cost, or by an appropriation made by the Legislature for this cost in the annual Budget Act or other act, shall be approved by the state officer, after consulting with the California Conference of Local Health Officers, if he or she finds that the vaccine is safe and necessary for the protection of public health, before being included in the requirement in subdivision (b) but its inclusion within the requirement of subdivision (b) shall not become operative until July 1 of the fifth calendar year after the calendar year in which the ACIP recommends the new vaccine. The requirement of this subdivision that the cost of the vaccine for Medi-Cal beneficiaries and uninsured children is covered by the federal Vaccines for Children Program or by federal or state funds shall be waived in an emergency where there is an immediate need to protect the public health.
(1) The state officer may waive the prohibition in subdivision (b) for a specific ACIP-recommended immunization for a period of at least one year if the state officer, after consulting with the American Academy of Pediatrics, the American Academy of Family Physicians, the American College of Obstetricians and Gynecologists, and the California Conference of Local Health Officers, finds that there is a shortage of the recommended vaccine, finds that public or private funding or insurance coverage for the vaccine is not sufficient, or finds that a delay is necessary to protect the public health or fundamentally disagrees with the ACIP recommendations.
(2) If the state officer waives the requirement in subdivision (b), the state officer shall publish a public statement that shall be posted on the department's Web site and sent to the Governor, the Senate Committee on Health, and the Assembly Committee on Health stating why he or she chose to waive the requirement.
(e) The department shall publish and update annually and post on the department's Web site by July 1 of every year a list of the immunizations that are required under this section, shall include the ACIP's recommended childhood and adolescent immunization schedule, shall specify requirements waived pursuant to subdivision (c), and shall include links to other Web sites that provide information about the required vaccines.
(f) The department, in consultation with the State Department of Education, shall make available to school districts informational materials about any new vaccines recommended by the ACIP that may include the CDC Vaccine Information Statement, and the process by which a parent can obtain an exemption pursuant to Section 120365. These informational materials may be provided by school districts to parents upon request.
(g) For the purposes of this section, the term "governing authority" means the governing board of each school district or the authority of each private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution listed in subdivision (b).

SEC. 6. Section 120340 of the Health and Safety Code is repealed.

SEC. 7. Section 120365 of the Health and Safety Code is repealed.

SEC. 8. Section 120365 is added to the Health and Safety Code, to read:
120365. Immunization of a person shall not be required for admission to a school or other institution listed in subdivision (b) of 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 any or all immunizations are contrary to his or her beliefs. However, whenever there is good cause to believe that the person has been exposed to one of the communicable diseases for which a vaccination is recommended, 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.

SEC. 9. This act shall not become operative until July 1, 2009.

SEC. 10. 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.


National Vaccine Information Center

voice: 703-938-dpt3

NVIC E-News is a free service of the National Vaccine Information Center and is supported through membership donations.

NVIC is funded through the financial support of its members and does not receive any government subsidies. Barbara Loe Fisher, President and Co- founder.

Learn more about vaccines, diseases and how to protect your informed consent rights at www.nvic.org

 

 

 

 
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