The Legislative Agenda
federal government lacks authority to mandate vaccines for state
residents directly, so legislation at the state level may be the higher
priority for most U.S. citizens. However, important legislative change
is needed at both the state and federal level. This list below
identifies specific legislative issues. Send
inquiries or suggestions for other issues to list here to Attorney
|STATE LEGISLATIVE AGENDA
of these issues apply to most states
Laws: Most states can mandate
vaccines without exemptions in a declared emergency,
and quarantine non-vaccinated persons in government facilities
against their will. State residents should have the right to refuse
fast-track, emergency vaccines and other medical protocol, and to
quarantine in their homes or other lawful locations. Resource: The
Pandemic Response Project
Resource: The Model Self-Shielding Protection Act drafted by
Attorneys Diane Miller of National
Health Freedom and Alan Phillips.
Exemptions: 30 or more
do not have a philosophical or personal exemption. Please note that
states exemptions may not apply in declared emergencies
unless emergency health laws are amended.
Employees: Some states have
laws requiring healthcare employees to be vaccinated; more and more
healthcare facilities are mandating influenza and other vaccines for
healthcare employees every year. Vaccines are also required for college
students doing clinical work in college healthcare programs, and state
exemption laws don't apply to clinical site vaccine mandates.
Exemption Rights: Most states
are not required to notify citizens of exemption rights whenever
announcing exemption requirements. This amounts to the state endorsing
one of two or more legal options.
Religious Exemption Statutes:
Some states require require membership in an organized
religion with tenets opposed to immunization requirements to exercise a
religious exemption. This violates the First Amendment of the U.S.
Constitution, but laws are not officially unconstitutional unless a
court says so.
from School During Outbreaks:
Exempt kids have to stay home from school for the incubation period of
the disease during an outbreak. 'Outbreak' is defined as anything more
than usual--that is, a single disease case. This can result in exempt
children being excluded from school repeatedly due to isolated,
pox cases. This raises Constitutional and other legal concerns, as
non-vaccinated kids are required to stay home, but not vaccinated kids
whose vaccines didn't work (vaccines don't work in all kids!). See this
article for details: Excluding Unvaccinated Children from School During
Outbreaks: Standard Policy, But is it Legal?
Administered in Public Schools:
Some schools around the country administered seasonal and swine flu
in 2009. Schools should be allowed to become vaccination distribution
points; this is a medical procedure.
Resource: “Attorney Questions School Flu Shots”, a Dec 2009 article by Attorney
Registries: Parents should
have the right to “opt-out” of immunization
registries. Better yet, parents should have to "opt-in" to participate
in the first place.
Exemption Forms: When a state
exemption form requires you to agree with "facts" with which you do not
agree, the state is violating your Constitutional rights. These forms
need to be revised. It is OK for states to, for instance, require you
to sign a form saying you understand the state's views, but not that
you agree with those views.
Pediatricians are increasingly requiring parents to sign the American Academy of
Pediatrics’ Refusal to Vaccinate Form.
This form contains the statement: “I know that failure to
follow the recommendations about vaccination may endanger the health or
life of my child and others with which my child might come into
contact.” This raises serious ethical and legal questions.
Laws need to be enacted prohibiting doctors from using the AAP Refusal
to Vaccinate Form or any similar language.
Resource: “Refusal to Vaccinate Forms Raise Ethical
Questions”, an article published by Attorney Phillips in The
Townsend Letter, available at the Vaccine Rights Articles
There are the same general adverse events concerns with pets
as there are for humans. A few states actually allow medical exemptions
for dogs. While animals do not have religious or philosophical beliefs
in any sense recognized by law, the same health issues exist for
vaccinated animals as for humans. Accordingly, pet owners should have
the right to make informed choices.
“Green Your Vaccine” movement aims to have vaccines
produced without the use of the mercury-based preservative thimerosol.
However, there are many problematic vaccine ingredients. Some doctors
feel the aluminum in vaccines is more dangerous than mercury, for
example. Given the extensive corruption behind vaccine policy and law,
parents simply need the right to make an informed choice, which would
likely result in some children getting at least some vaccines. Perhaps
more importantly, parents should be free to avail themselves of proven
alternatives to vaccines, instead of being limited to allopathic
immunization. E.g., see A Remarkable Successful Use of
immunization) - 2.5 Million
Protected in Cuba, January 1, 2009; and Vitamin D better than vaccines at preventing flu,
- Under-18 Requires Parental Consent:
Some state laws allow minors to choose whether or not to be vaccinated,
without parental consent. Such laws are unconstitutional, since a
minor's religion for legal purposes is that of the parents, and a
willing 16 year old's parent(s) may object to vaccines on religious
grounds. E.g., NC's sec. 90-21.5 allows "Any minor may give effective
consent to a physician . . . for medical health services for the
prevention . . . of venereal disease and other diseases..." See this legal brief explaining the many ways NC's law
violates the state and federal Constitution. [Please note that the
Chapel Hill mailing address listed is not my current address.]