Hello Friends
The following is an example of what Big Pharma and our political leaders will pull on us if we don't pay close attention. We have to understand that there is more to our political process than a bunch of people doing what is best for the nation. There are also a bunch of greedy crooks that will stop at nothing to pad their pensions and apease their peers. Please read this article about new legislation in California that will make the vaccine program for our children even more of a secret. If this type of legislation angers you as much as it does me, there is a list of California Politicrooks that you can contact and tell them how you feel. Even if you are not from California. Let these people know that we are tired of them hurting our children.
California Residents - Vaccine Mandate Bill to be Heard Wednesday.
Please contact the members of the Senate Education Committee listed below and ask that they vote "no" on AB 16. You can write, e-mail, call, or show up and testify against the bill on Wednesday. Click on each name below for contact information.
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
AB 16 (Hernandez), the bill that, among other things, would remove the review of the public and the approval by the Legislature and Governor of all new childhood vaccine mandates for every child in California and; instead, would automatically add every new vaccine recommended by a public health/vaccine manufacturer controlled panel adding dozens of new vaccines to the already 30 doses of vaccines California children receive today. It is the most significant bill ever introduced effecting children and vaccines since 1980 when California first 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.
The bill passed the Assembly after long and contentious debate, and will now be heard this Wednesday, June 27 at 9:30am by the Senate Education Committee in Room 4203, State Capitol.
Below is a copy of the bill as well as my testimony.
-Rick Rollens
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 (SHOW NEWSWEEK) 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.
Iam 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.
Think Autism. Think Cure. TM
May a smile follow you to sleep each night,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
and be there waiting,,, when you awaken.
Sincerly, Bill Vanderbilt
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