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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This page is no longer being updated.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 | MississippiNew Hampshire |
| New JerseyNew YorkNorth 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


FEDERAL  | U.S. CodeCode 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.
ALABAMA

New Legislation:


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.


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, 2023 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

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.
 

GEORGIA

Pending Legislation:
 

 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.


 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


 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.


 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.


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 2662Philosophical 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.



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 

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.
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NC Attorney Phillips' Correspondence with NJ Governor Christ Christy:



NEW YORK

Proposed Regulations:
Pending Legislation:


NORTH CAROLINA


TEXAS
  • This Might Hurt, article concerning Texas' immunization registry, The Texas Tribune, February 9, 2010



LINKS TO STATE LEGISLATIVE WEBSITES -
Keep track of what's going on in YOUR state!

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  © by  Alan Phillips, Attorney at Law, P.O. Box 3473, Chapel Hill, NC 27515-3473