From the HSLDA E-lert Service:
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Date:
From:
Subject:

8/24/2012 10:36:18 AM
Mike Smith, HSLDA--Roy Hanson, FPM
California: AB 2109--Close Vote Call Again

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From the HSLDA E-lert Service...
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California: AB 2109--Close Vote Call Again

JOINT LEGISLATIVE ACTION ALERT- August 24 2012
From: Mike Smith - HSLDA and Roy Hanson -- Family Protection
Ministries

Bill: AB 2109 (as amended 8/20/12) - Vaccination Waiver Severely
Threatened
Author: State Assemblymember Richard Pan, M.D.

Position: Strongly OPPOSE

AB 2109 just passed out of the Senate by only 2 votes and is back at
the Assembly for a final vote. This vote could take place as early as
Saturday. It seems that our message is beginning to get though as
this is the first close vote this bill has received.

AB 2109 was recently amended in order to include a credentialed school
nurse (mostly employed by public schools) as a valid health care
practitioner that would be able to sign the new form prescribed by
this bill. As this very minor change was the only amendment to the
bill, our position of strong opposition remains unchanged.

Thank you to everyone who has already made calls of opposition to this
dangerous bill!
Your important phone calls are urgently needed again!

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Information Included In This Email:
A. Status
B. Summary of Concern
C. Action Item
D. Opposition Points to Share with Legislators
E. Background Information

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AB 2109 is more than just a bill about opting out of vaccination
requirements. Take the word "vaccine" out of the equation and ask,
"Should anyone have to get permission to opt out of any medical
procedure, especially those that allegedly help prevent rather than
cure a disease?"

This bill would set a dangerous precedent for further government
takeover of what has historically been a parent's responsibility - to
make voluntary informed decisions concerning the medical care of their
children. We must be vigilant to hold our ground against AB 2109 so
that we are not forced to hand over our medical, life-changing
decisions to a government-mandated program or agency. Your help is
key to the defense of our freedoms. Please read this e-lert and take
the suggested action ASAP. Quickly pass this e-lert on to others who
might respond.

A. Status - On the floor of the California State Assembly and will
likely be voted on as early as Saturday, August 25.

The bill passed the Senate floor with only 22 votes; 21 were needed
for passage. Below is the record of the vote taken August 22.
Because of the amendments made while in the Senate, it is now back on
the Assembly Floor for a final vote.

Senate Vote:
Ayes 22- Noes 14: Pass

Ayes

Alquist (D)
Blakeslee (R)
Calderon (D)
Corbett (D)
Correa (D)
Evans (D)
Hancock (D)
Hernandez (D)
Kehoe (D)
Leno (D)
Liu (D)
Lowenthal (D)
Padilla (D)
Pavley (D)
Price (D)
Rubio (D)
Simitian (D)
Steinberg (D)
Vargas (D)
Wolk (D)
Wright (D)
Yee (D)

Noes

Anderson (R)
Berryhill (R)
Cannella (R)
DeSaulnier (D)
Dutton (R)
Emmerson (R)
Fuller (R)
Gaines (R)
Huff (R)
La Malfa (R)
Runner (R)
Strickland (R)
Walters (R)
Wyland (R)

Not Voting

De Leon (D)
Harman (R)
Lieu (D)
Negrete-McLeod (D)


B. Summary of Concern:

AB 2109 creates a new additional requirement for parents who choose to
exercise the current right to a 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 their 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
effectively take away the parent's right to independently make an
informed voluntary decision regarding the health care of their
children - the choice of which vaccines, if any, their children will
receive. AB 2109 would set dangerous precedent, leading to further
erosion of the right of parents to make voluntary decisions in the
best interest of their children in all health care decisions.

C. Action Item:

CALL IMMEDIATELY the member of the Assembly that represents your
district. Please use this link to find information on how to contact
your state assembly member: http://www.hslda.org/elink.asp?id=15536 .
It is best to call between 9 a.m. and 5 p.m., Monday-Friday.

TELL THEM:
"Please vote no on AB 2109 (by Pan) as amended August 20. 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."

Notes:
> Always contact legislators as a parent and citizen. This bill
directly affects all families with children.
> Do not disclose the source of this e-lert. All bills are available
on the Internet.
> Pass this on to your friends, church, school, and group.
> Pray for a proper outcome.

D. Opposition Points to Share with Legislators:

AB 2109 is an attack upon parental rights and an attack on religious
and personal conscience liberties. It imposes a requirement that, in
effect, will take away the current guaranteed right of a parent to
exempt their child from any or all vaccinations required for school
enrollment. Current 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 violates basic parental rights by forcing parents into a paid
contractual relationship with a health care provider they might not
otherwise utilize for their children's health care.

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 office visits with
healthcare providers, with only a hope that they will obtain the
required signature of the doctor. There is no requirement that the
specified health care providers schedule the appointment, or charge an
affordable rate, or give the parent their signed statement required to
receive the immunization exemption.

Personal conscience & 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 a violation of basic rights for
the state to put physicians in a role where they can and will attempt
to influence the personal beliefs or the religious beliefs of the
parent.

Impractical & unworkable for many parents and therefore selectively
discriminatory by its very nature
It may be difficult to find a health care provider in California who
will be willing to provide information on required immunizations and a
subsequent signature, based on their busy and already overwhelming
schedules.

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
convincingly illustrated in Washington state, 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 that "well" visits lasted less
than 20 minutes. One third of parents reported visits of less than 10
minutes.
http://www.hslda.org/elink.asp?id=15537

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 without
repeated appointments with different doctors. Doctors will not want
to sign these either for fear of liability or simply because they
believe that all children should be vaccinated.

Creates financial hardship for many families
AB 2109 would impose a burden on families both financially and time
wise. It requires
parents, who believe that a particular vaccination or all vaccinations
are not in the best interest of their child, to make and pay for an
appointment with a specified health care practitioner to obtain their
signature on a document. This document declares that the practitioner
provided the required information to the parent. This information is
available for free on the web. More information is available for free
on websites (such as the CDC website) than one will likely receive in
a doctor's appointment.

AB 2109 will negatively impact many poor or disabled parents by
forcing many to make difficult trips to doctors' offices to find one
who would sign the proposed new required form. Many have jobs that do
not have the flexibility to take time off merely for an information
appointment. Insurance will likely not cover such appointments and
therefore must be paid for by the parent.

This requirement is clearly a roadblock to prevent parents from being
able to get a personal beliefs 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, many of which are free.

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."
A parent could spend the money and time to get a dozen appointments
and still not receive the required signature!

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

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. Many families will likely even lose their doctor over this,
as has happened under Washington state's similar law implemented last
year.

E. Background Information:

AB 2109 would add a new requirement for parents who choose to use the
current right to a personal beliefs waiver (HSC Section 120365) to
exempt their child from one or more of the vaccinations required for
school enrollment. This bill would require a new additional new
Public Health Dept. form, documenting that a specified health care
practitioner has provided information to the parent about the benefits
and risks of all required vaccinations and the health risks of
specific communicable diseases. This new form must have the health
care provider's signature, indicating that the parent has received
that information and is to be given by the parent to the school.

Significantly, the author of AB 2109 has refused to amend his bill to
require that the health care provider sign this form once the health
care provider has provided the parent with the required information.
This is a critical omission. After all, the parent has made and kept
the appointment and paid for this office visit specifically for this
purpose! Having paid to listen to the health care practitioner's
information and having thus fulfilled the parent's part of the
condition for obtaining the personal beliefs waiver, it is
unreasonable for the parents not to be able to know for sure that the
health care practitioner will sign the needed form. And this is the
whole reason for the appointment. Without the provider's signature on
the form, their child will not receive the personal beliefs exemption
from required vaccinations if this bill passes. This is unacceptably
wrong.

This proposed requirement in AB 2109 would apply to all pupils
enrolled in a public or private school (including home schools).
Under current law, 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 (blue card) that reads:

PERSONAL BELIEFS AFFIDAVIT TO BE SIGNED BY PARENT OR
GUARDIAN--IMMUNIZATION
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.

Most people are not aware of the severe reactions and deaths
attributed to certain vaccines. The National Vaccine Injury
Compensation Program was enacted in 1988. This federal program
reimburses families whose children have been injured or have died due
to vaccines. So far over $2 billion has been paid out by this
program.

For more information and resources on benefits and dangers of
vaccinations please visit:
http://www.hslda.org/elink.asp?id=15538 .

Parents who decide to "waive" one, or more, or all vaccinations for
their children must make sure their school's immunization records for
each of their children reflect their desires. Waivers for
vaccinations are documented by signing the back of the immunization
form, which you can link to at http://www.hslda.org/elink.asp?id=15539
.
This form must be kept in the school's permanent file for each
school-age child enrolled in your child's school.

Permission is given to forward this e-lert unaltered to your friends,
church, school, and group.

If you or someone you know is not a member of HSLDA, will you consider
taking a moment today to join or recommend us and support our work
defending individual families threatened by government officials and
protecting homeschooling freedom for all? Join now >>
http://www.hslda.org/elink.asp?id=14438

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-> Will your friends stand by you in trouble?

They will if you're an HSLDA member and your homeschool is
threatened. HSLDA is ready to stand by your side along with
80,000 other homeschool families.

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1105

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