VACCINE LEGISLATION
Updated 8-30-10
January
6, 2011 Update:
This
page is no longer being updated. We recommend that you join the NVIC
Advocacy Portal to keep up with vaccine legislation in your state.
FEDERAL:
| Legislation
| Constitutional
Amendment |
STATE:
| 2009 State Immunization Legislation
|
|
State
Emergency Health Laws (new,
under construction) |
|
Alabama
| Arizona
| California
| Colorado
| Georgia
| Hawaii |
| Kansas
| Maryland
| Michigan | Mississippi
| New
Hampshire |
| New Jersey
| New
York
| North
Carolina
| Texas
|
|
Links
to Individual State Legislative Websites
|
This
page tracks state and federal legislative initiatives
concerning emergency and routine vaccine rights, and a proposed
U.S.
Constitutional amendment concerning parental rights.
Please send additions, updates, and corrections
to: PReP
Manager.
Alan
Phillips, J.D., Director
Rich
Roberts, Manager
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FEDERAL |
U.S. Code | Code
of Federal
Regulations |
Pending Legislation:
- HR 4913
Free Speech About Science Act, to protect
your right to know about the science behind supplements. Take action to gain co-sponsors
(Alliance for
Natural Health).
- HR
3962 Affordable Healthcare for
America Act, page 1391 Sec. 2524:
"No Child Left Unimmunized Against
Influenza," seeks to use elementary and secondary schools as influenza
vaccination centers. See Attorney Questions School
Administered Flu Shots--and
forward this to your U.S. representatives in opposition!
- Support HR 3394
Freedom of Health Speech Act and HR 3395
The Health Freedom Act
- Information
at Citizens for Health
(article)
- Article
excerpt: "HR 3394 says that the
FTC has the burden of proof if it alleges that a dietary supplement
claim is false or misleading, and that it cannot prosecute a
company without giving 30 days notice that such claim violates the
law."
- Article
excerpt: "HR 3395 says that FDA
has the burden of proof if it alleges that a claim is false or
misleading, and says that FDA may not take action to prevent use of a
truthful, non-misleading claim that any nutrient in a food or
supplement can cure, mitigate, treat, or prevent any disease."
Proposed
Constitutional Amendment:
- Proposed
Parental Rights Constitutional Amendment: parentalrights.org
Seeks
to impose a standard of "strict scrutiny" on government before it can
impose its will on children against the parents'
will. Strict scrutiny requires first that the government have
a compelling
interest, and if that burden is met, the government must then use
the least restrictive means necessary to achieve that interest. If
passed,
this amendment could make it much more difficult for government to
dictate healthcare choices to parents for their children over parents'
objections.
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ALABAMA
New Legislation:
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ARIZONA
Pending Legislation:
- SB 1197:
Relating to public health emergencies.
Places limits on the state's authority to impose treatments and
quarantine on citizens and their children during emergencies.
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CALIFORNIA
Pending Legislation:
- AB 2000: "This
bill would exempt from the vaccination requirement the owner of a dog
that a licensed veterinarian determines, on an annual basis, may have a
potentially
lethal reaction to the vaccination."
- August 30, 2010
Update: "Molly's Bill" (AB 2000) - democrats reportedly voted
along party lines to kill this bill in committee on August 28th. This
bill unanimously passed an Assembly floor vote 74-0 on May 6, and on
July 15 received a unanimous "Do Pass" from the Senate Health
Committee. Direct calls of concern to Senate Appropriations Committee
Chair Senator Christine Kehoe at 916-651-4039.
- The
bill has gone to the Agriculture Committee, concerned pet owners should
call the Committee Secretary (Mona Wood) at 916-319-2084 and/or contact
the Committee members at the phone numbers or e-mail addresses below
and leave a message for the Committee that you want them to recommend
passage of this bill. Feline owners should request that cats be
included as well.
Cathleen Galgiani - Chair Dem-17 (916) 319-2017, Assemblymember.Galgiani@assembly.ca.gov
Tom Berryhill - Vice Chair Rep-25 (916) 319-2025, Assemblymember.Berryhill@assembly.ca.gov
Connie Conway Rep-34 (916) 319-2034, Assemblymember.Conway@assembly.ca.gov
Jean Fuller Rep-32 (916) 319-2032, Assemblymember.Fuller@assembly.ca.gov
Jerry Hill Dem-19 (916) 319-2019, Assemblymember.Hill@assembly.ca.gov
Fiona Ma Dem-12 (916) 319-2012 Assemblymember.Ma@assembly.ca.gov
Tony Mendoza Dem-56 (916) 319-2056, Assemblymember.Mendoza@assembly.ca.gov
Mariko Yamada Dem-8 (916) 319-2008, Assemblymember.Yamada@assembly.ca.gov
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COLORADO
Pending
Legislation:
- SB 10-056:
The bill requires the state charter
school institute and each school district board of education to adopt
and implement a policy requiring each school to annually provide
parents and legal guardians with a paper or email copy of a
standardized immunization document developed and
updated, as instructed, by the department of public health
and environment.
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GEORGIA
Pending
Legislation:
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HAWAII
The resolution discussed in the articles below was passed by the County
of Hawaii. The implications for state policy and law may be unclear at
this time.
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KANSAS
- HB
No. 2574: New Section 1. (a) No
vaccine which contains thimerosal
or other heavy metal shall be administered to any person in this state
unless such person, or if such person is a minor the parent or guardian
of such person, has been notified in writing of the contents of the
vaccine, informed of the possible hazards of the vaccine and after
receipt of such information has consented in writing to the
administration of the vaccine.
(b) In addition to the requirements of subsection (a), no employer of a
health care worker shall require the health care worker to be
vaccinated with a vaccine which contains a live virus unless the health
care worker has been informed in writing of the possible hazards of the
vaccine and after receipt of such information has consented in writing
to the administration of the vaccine . . .
- KS
citizens are also organizing to support
reform of KS' religious exemption law, to remove the requirement for
membership in an organized religion.
- Contact
person: Erika Higgins, 316-729-8391, erikahiggins@cox.net
- See
Attorney Phillips' legal memorandum
on the
Constitutionality of religious exemption laws that require membership
in an organized religion with tenets in opposition to the immunization
requirements
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MARYLAND
- HS 411
- For
the purpose of adding a consumer member to the Statewide Advisory
Commission on Immunizations; extending the termination date of the
Commission; requiring the Commission to study the safety of the human
papillomavirus (HPV) vaccine; requiring the Commission to include
certain components in the study, determine the need for certain
information and certain communication, make certain recommendations,
and report the results of its study; and generally relating to the
Statewide Advisory Commission on Immunizations.
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MICHIGAN
- Efforts
are underway to reform language in MI's vaccine religious exemption
form that says, "By signing this
waiver, you acknowledge that you are placing your child and others at
risk of serious illness should he or she contract a disease that could
have been prevented through proper vaccination."
- 4-27-10 Letter to MI Department of Community Health, by MI
resident Randi Airola, with assistance from Attorney Alan Phillips.
- Contact
Randi Airola at randiceaj@sbcglobal.net.
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MISSISSIPPI
Pending
Legislation:
- May 2010 Update: A
compromise was reached with the state health officer to change health
dept policy to allow exemptions. The official law in MS has not been
changed, but internal policy now is that ANY vaccine
exemption request signed by a pediatrician, family physician, or
internist licensed to practice medicine in the state of MS will be
granted unless there is an immediate health threat in the community.
This amounts to basically a de-facto philosophical and/or religious
exemption. Physicians can now write letters saying that the exemption
is requested because of parental concerns about vaccines, and that the
parent is aware of the risk of not vaccinating and agrees to have their
child withheld from school or
vaccinated should an outbreak occur.
- Join
Mississippi Vaccine Information Center (MVIC)
- Senate Bill 2662: Philosophical
Vaccine Exemptions
- Contact
Sarah Coleman for more information: rupret1@juno.com.
She requests that all concerned contact Lt. Governor Bryant at P.O. Box 1018, Jackson,
MS 39215, or send
a fax to 601-359-4054. Our best bet is calls, that way they hear our
passion and we can know that our voice was heard. The phone number for
Lt. Gov. Bryant's office is 601-359-3200. See also www.ltgovbryant.com.
- Deadline
for this bill to be taken up is February 2nd!
- Reported
new
policy regarding medical exemptions, from an MVIC member: The
policy now is that if the pediatrician or family physician who
is
the regular physician for the child requests a medical exemption from
the vaccination schedule for whatever diagnosis the physician
feels is valid the request will be sent to the district health officer
and the health officer is supposed to grant a time limited exemption or
variance in the schedule in accordance with the request of the
requesting physician. It is not a lifetime exemption so there
have to be repeated requests but according to the people at DH I spoke
to it would be like every year or two," is the report that Rep.
Bondurant gave to me today.
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NEW HAMPSHIRE
Pending
Legislation:
- 3-11-10:HB 155 UPDATE:
Full house
vote was against the bill, 201 to 137. No philosophical exemption in NH
at this time.
- 3-4-10:
HB 155 UPDATE: Bill reportedly killed in committee. Minority is
taking the bill to the Full House for a vote to overturn the
committee's recommendation.
- HB 1555
seeks a philosophical exemption for immunizations.
- About the
bill: http://www.vacchoicenh.org/
- SIGN
THE PETITION!
- NH Citizens for Vaccine Choice Yahoo
Group
- REPORT
on
Jan 28th hearing: Testimony include 2 chiropractors, a school nurse, 2
House Representatives, 2 mothers, an MD, and a pharmacist in support of
vaccine choice! 75 people attended, standing room only!
- Report
on
the hearing by WMUR Channel 9 News Report in NH
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NEW JERSEY
Pending Legislation:
- A101
Provides for philosophical exemption to
mandatory immunizations.
- A208
Permits exemption from mandatory
immunizations for students in writing for any reasons.
- A243
Provides for conscientious exemption to
mandatory immunizations.
To review these
bills, click here,
and enter the keyword "immunization"
in the line that says, "Search by keyword in Synopsis".
- The
Vaccine Choice Bill has reportedly been
moved out of the Health Committee into the Education Committee! NJ
Vaccine Choice Bill is now.....A2450.
_______________________________
NC Attorney
Phillips' Correspondence with NJ Governor
Christ Christy:
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NEW
YORK
Proposed Regulations:
Pending
Legislation:
- S4779/A6702:
Provides treatment for sexually transmissible diseases to minors
without a parent's or guardian's consent (including
administering
vaccines)
- A0778:
Provides for the immunization of all
children born after January 1,
1996 against the human papillomavirus (HPV)
- Find
My Senator at http://www.nysenate.gov/
and "Member Search by Zip Code" on http://assembly.state.ny.us/mem/
- New York
Alliance for
Vaccination Choice. For
more information and to request to receive future email updates on
these bills, please contact us at nyvaccinechoice@gmail.com.
- New
Yorkers for Vaccine Information and Choice. http://nyvic.org/nyvic/
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NORTH
CAROLINA
- 2010: Meet
with state representatives, TBA
- 2009-2010
Letter-writing Campaign to State Leaders:
- Governor
Purdue: No
Response to Date
- Representative
Insko: No
Response to Date
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TEXAS
- This Might Hurt, article
concerning Texas' immunization registry, The Texas Tribune, February 9,
2010
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LINKS TO STATE
LEGISLATIVE WEBSITES -
Keep track of what's going on in YOUR
state!
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