From the HSLDA E-lert Service:


4/27/2012 11:49:29 AM
Mike Smith HSLDA--Roy Hanson FPM
California: AB 2109 - Vaccination Waiver Threatened - Calls Needed

From the HSLDA E-lert Service...

From: Mike Smith -- HSLDA & Roy Hanson -- Family Protection

Bill: AB 2109 (as amended 4/23/12)
Subject: Vaccination Waiver Threatened - Attack On Parental Rights!
Author: State Assemblymember Richard Pan
Position: Strongly OPPOSE
Status: Hearing set for Wednesday, May 2, 2012 in California State
Assembly Appropriations Committee.

Our parental rights and homeschool freedoms in California are under
attack in an unprecedented way this year. Your help is key to the
defense of our freedoms. It is critical that you read every alert and
take the suggested action in each one ASAP. Quickly pass these alerts
on to others so they can take action.

Summary of Concern:
AB 2109 creates a new additional requirement for parents who choose to
use the current personal beliefs waiver to exempt their child from one
or more of the vaccinations required for school enrollment. AB 2109
would require a parent to obtain the signature of a doctor, stating
that he has provided the parent with information about the benefits
and risks of vaccinations, and about specified communicable diseases,
before his or her child would be exempted. This would apply to all
children regardless of what type of school they are in, including a
private homeschool. The personal beliefs waiver, by itself, would no
longer be enough. In short, AB 2109 would diminish parental rights by
effectively requiring parents to receive what will be viewed as a
"permission" from a doctor to not vaccinate their child.

Information Included In This E-mail:
A. Action Item
B. Opposition Points to Share with Legislators
C. Background Information

A. Action Item:

CALL IMMEDIATELY (No later than 3:00 p.m. - Tuesday, May 1) the member
of the Assembly Appropriations Committee according to the first letter
of your last name as indicated in the alphabetized list below.

"Please vote no on AB 2109 (by Pan). I oppose requiring parents to
arrange an office visit to obtain a doctor's signature as a new
condition for exempting their child from vaccinations."

> Call and write as a parent and citizen. This bill directly
affects all families with children.
> Do not disclose the source of this alert. All bills are available
on the Internet.
> Calls are most effective in this time-limited situation.
> Pass this on to your friends, church, school, and group.
> Pray for a proper outcome.

For Action Item 1 above, please call the member of the Assembly
Appropriations Committee according to the first letter of your last
name as indicated in the following list:

California State Assembly Committee on Appropriations

Felipe Fuentes (Chair) (D)
Phone: 916-319-2039
Fax: 916-319-2139

Diane Harkey (Vice-Chair) (R)
Phone: 916-319-2073
Fax: 916-319-2173

Robert Blumenfield (D)
Phone: 916-319-2040
Fax: 916-319-2140

Steven Bradford (D)
Phone: 916-319-2051
Fax: 916-319-2151

Charles Calderon (D)
Phone: 916-319-2058
Fax: 916-319-2158

Nora Campos (D)
Phone: 916-319-2023
Fax: 916-319-2123

Mike Davis (D)
Phone: 916-319-2048
Fax: 916-319-2148

Tim Donnelly (R)
Phone: 916-319-2059
Fax: 916-319-2159

Mike Gatto (D)
Phone: 916-319-2043
Fax: 916-319-2143

Isadore Hall (D)
Phone: 916-319-2052
Fax: 916-319-2152

Jerry Hill (D)
Phone: 916-319-2019
Fax: 916-319-2119

Ricardo Lara (D)
Phone: 916-319-2050
Fax: 916-319-2150

Holly Mitchell (D)
Phone: 916-319-2047
Fax: 916-319-2147

Jim Nielsen (R)
Phone: 916-319-2002
Fax: 916-319-2102

Chris Norby (R)
Phone: 916-319-2072
Fax: 916-319-2172

Jose Solorio (D)
Phone: 916-319-2069
Fax: 916-319-2169

Donald Wagner (R)
Phone: 916-319-2070
Fax: 916-319-2170

B. Opposition Points to Share with Legislators:

AB 2109 is an attack upon parental rights and an attack on religious
and personal conscience liberties. It proposes a requirement that, in
effect, will burden and restrict the current right of a parent to
exempt their child from any or all required vaccinations for school
enrollment. The law already allows for non-vaccinated students to be
restricted from attending a school while there is an outbreak of
particular communicable diseases.

Parental rights attacked
AB 2109 forces parents into a paid contractual relationship with a
health care provider they might not otherwise utilize for their
children's health care, which is a violation of basic parental rights.

AB 2109 forces health care practitioners into a gate-keeping role that
creates a hurdle for parents desiring to freely exercise their
parental rights to direct the health care of their children.

AB 2109 forces parents to attempt to arrange an office visit with a
health care provider, hoping they will obtain the required signature
of the doctor. There is no requirement that the specified health care
providers either make the appointment, charge an affordable rate, or
give the parent their signed statement required by this bill.

Personal Conscience and Religious freedom attacked
While a visit with and signature from a physician is appropriate for
the allowed "medical exemption," it is not appropriate for the
"personal beliefs exemption." It is not right for the state to put
physicians in a role where they can attempt to influence the personal
beliefs or the religious beliefs of the parent.

Impractical and Unworkable for many parents and therefore selectively
discriminatory by its very nature
It may be difficult to find a health care provider who will be willing
to do this in California, based on their busy and already overwhelming
schedules. Some doctors may decline these appointments simply because
they don't want to give people an excuse to not get vaccinations or
don't want to handle "non-treatment" related issues.

AB 2109 ignores the fact that some parents, who have a personal belief
that any required vaccination is not appropriate for their child, may
not have a regular doctor for their child and family, and from whom
they could readily get the required documentation. Many doctor's
offices are not taking new patients. This has already been the
experience of parents in Washington where they passed essentially the
same law last year.

Health care practitioners cannot fully educate a parent regarding the
risks and benefits of each required vaccination and the health risks
of the related diseases in 20 minutes or less. A study in Pediatrics
Magazine showed 80% of parents reported "well" visits lasted less than
20 minutes. One third of parents reported visits of less than 10
There is no guarantee that, just because you pay money to a provider,
you will get a signature. In fact, you probably won't get one.
Doctors will not want to sign these for fear of liability.

Creates financial hardship for many families
AB 2109 would impose a burden on families both financially and
time-wise. It requires that parents who believe that a particular
vaccination or all vaccinations are not in the best interest of their
child make and pay for an appointment with an appropriate health care
practitioner merely to obtain their signature on a document. This
document declares that they provided the required information. This
information is available for free on the web or elsewhere.

AB 2109 will negatively impact many poor or disabled parents by
forcing them to make an unnecessary and maybe difficult trip to the
doctor's office. Many have jobs that do not have the flexibility to
take time off merely for an information appointment. Insurance will
likely not cover such an appointment; and therefore must be paid by
the parent.

This requirement is clearly an roadblock for parents being able to get
an exemption for their child.

Physicians - financial conflict of interest
A parent is forced to pay for information from a health care provider
and then hope they can get their required signature. Reports from the
state of Washington, which implemented this requirement last year, are
that doctors are pressuring parents to join their practice. This is a
coercive way of throwing more business toward the classes of health
care providers specified in the bill while excluding other sources of
the same information.

Physicians - philosophical beliefs conflict of interest
Health care practitioners should not have anything to do with a
parent's personal beliefs exemption.

AB 2109 gives the physician the power to refuse to give an
appointment. Even if he sees the parent, he is not required to sign
the statement that is required for the "personal beliefs exemption."

This bill requires parents who are exercising their rights under the
law to pay money to be harassed by someone who disagrees with their

Physician-Patient relationship negatively affected
AB 2109 will likely have a very negative impact on some doctor-patient
relationships. This bill requires a health care practitioner to sign
a form that acknowledges a child will be exempt from a vaccination.
This will be repugnant to some health care practitioners who will not
sign the required statement and will result in the development of an
unfortunate adversarial relationship between some patients and their
doctors. Families will even lose their doctor over this, as has
happened under Washington's similar law implemented last year.

C. Background Information:

As introduced, AB 2109 requires further documentation to be received
by a school regarding a parental personal beliefs waiver (HSC section
120365) for required vaccination. The bill would require a health care
practitioner to provide information about the benefits and risks of
all required vaccinations and the health risks of specified
communicable diseases to the parent, and for the health care provider
to sign a public health department form indicating the receipt of that
information. The signature will need to be obtained on a separate form
provided by the Department of Public Health, which states that the
health care practitioner has provided risk and benefit of vaccinations
information to the parent. The bill defines health care practitioner
to be a physician or surgeon, a nurse practitioner, or a physician
assistant, as further specified in the bill by reference to other code

This proposed requirement in AB 2109 would apply to all pupils
enrolled in a public or private school (including home schools).
Currently, a parent may exempt their child from any or all of the
required immunizations by one of two ways: (1) a medical waiver (HSC
Sec. 120370) by a statement from a physician or (2) a personal beliefs
waiver (HSC Sec.120365) by a parent signing a statement on the
immunization form that reads:

Personal Beliefs Affidavit to be Signed by Parent or

I hereby request exemption of the child, named on the front, from the
immunization requirements for school/child care entry because all or
some immunizations are contrary to my beliefs. I understand that in
case of an outbreak of any one of these diseases, the child may be
temporarily excluded from attending for his/her protection.

(This waiver for vaccinations is documented by signing the back of the
immunization form, pm286b (
that becomes a part of their school's pupil records.)

For more information and resources on benefits and dangers of
vaccinations please visit:
Parents who want to "waive" one, or more, or all vaccinations for
their children should make sure their school's immunization records
for each of their children reflects their desires. Waivers for
vaccinations are documented by signing the back of the immunization
form, pm286b ( This form must
be kept in the permanent file for each school-age child enrolled in
your school.

For information on how to contact your state assembly member and state
senator, please visit:

Permission given to forward this Action Alert unaltered to your
friends, church, school, and group.

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