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Rally Friday: California AB2109 Will Take Away Healthcare Rights

AB2109_VetoRallyFlyer

By Michelle Gutierrez

AB2109 WILL TAKE AWAY OUR CALIFORNIAN RIGHTS

Education. Everybody wants it, right? I ask because the legislators of California have pushed through Assembly Bill 2109. The author, Assemblyman Richard Pan, states the bill is about vaccine education. With 300 of us there in opposition at the Assembly Health Hearing, we were treated with extreme disgust as the legislators cut off our testimony to only 6 minutes with NO REBUTTAL. At the Senate Health Hearing, 150+ of us were promised ample time to speak, but were lied to again. Another 6 minutes of testimony can not even begin to address all the problems with this bill. Even actor / comedian Rob Schneider came to oppose, but was treated just as poorly.



AB2109 passed right along party lines (Democrats are majority). See the vote here:

Senate Floor - http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2101-2150/ab_2109_vote_20120822_0403PM_sen_floor.html

Assembly Floor - http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2101-2150/ab_2109_vote_20120827_0249PM_asm_floor.html.

It now sits on Governor Jerry Brown’s desk. He can sign it into law, let it go into law without his signature, or can veto it. We are hoping for the latter. Here’s why.

Have you read the text of the bill? Read it here: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2101-2150/ab_2109_bill_20120831_enrolled.html

“The bill would require, on and after January 1, 2014, the letter or affidavit to be accompanied by a form prescribed by the State Department of Public Health that includes a signed attestation from a health care practitioner, as defined, that indicates that the health care practitioner provided the parent or guardian of the person, the adult who has assumed responsibility for the care and custody of the person, or the person, if an emancipated minor, who is subject to the immunization requirements with information regarding the benefits and risks of the immunization and the health risks of specified communicable diseases.”

Sounds good, right? Well, not really.

First, we already have a Philosophical Exemption in California to opt out of one or more vaccines based on our Personal / Religious Beliefs. Second, there is plenty of information on vaccines on the Internet and parents have free access to libraries. You can even research Published Medical Documents On-line through the National Institutes of Health. So now, the taxpayers will have to spend money on a new form when there is already a form to opt out at the schools. The bill is redundant. But it’s still about education you say. The Health Practitioner is providing information about the benefits and risks. OK, sounds good.

But wait.

(f) For purposes of this section, “health care practitioner” means any of the following:

(1) A physician and surgeon, licensed pursuant to Section 2050 of the Business and Professions Code.

(2) A nurse practitioner who is authorized to furnish drugs pursuant to Section 2836.1 of the Business and Professions Code.

(3) A physician assistant who is authorized to administer or provide medication pursuant to Section 3502.1 of the Business and Professions Code.

(4) An osteopathic physician and surgeon, as defined in the Osteopathic Initiative Act.

(5) A naturopathic doctor who is authorized to furnish or order drugs under a physician and surgeon’s supervision pursuant to Section 3640.5 of the Business and Professions Code.

(6) A credentialed school nurse, as described in Section 49426 of the Education Code.

Hold on.

So, if we don’t go to any of the above listed MDs for our aches and pains, we are now being FORCED to go to an MD, be lectured on whatever vaccine is mandated at the time, to get this form to opt out of just one vaccine? You mean, I have to PAY for an appointment, lectured and ASK FOR PERMISSION to opt out? For EACH CHILD? For EVERY MANDATED VACCINE? I don’t know about you, but I don’t have extra cash lying around to pay for MD appointments just to get a signature, let alone, have the time. Not only that, how can you be lectured on the benefits and risks of several mandated vaccines in a small 10 minute appointment? That’s not realistic.

But, you say, a credentialed school nurse is listed as a signer. OK. So there are 2,474 school nurses in California. But there are over 10,000 public schools. And that’s NOT including Private schools, Preschools, Charter schools, Daycares, etc. My child’s charter DOES NOT HAVE a SCHOOL NURSE. And many schools have ‘Health Advisers’ not nurses, so they don’t count. Back to the MD and paying out money for an appointment.

This brings up another issue, one that is MOST IMPORTANT as it is NOT STATED in the Language of the bill:

THERE IS NO GUARANTEE OF A SIGNATURE.

(please read that again)

In other words, you can pay for your appointment, listen to a brief lecture, state the reason(s) why you want to opt out of said vaccine(s), and be told by the MD or Nurse, “I’m not signing your form.” And why would they? Why would ANYONE want to be RESPONSIBLE for the DECISION you make for YOUR CHILD???

And, why would a health practitioner let you into their practice if your child is not fully vaccinated? In a Journal of American Medical Association study, “Thirty-nine percent said they would dismiss a family for refusing all vaccinations. Twenty-eight percent said they would dismiss a family for refusing select vaccines.”

 Out of 105 MDs called in California recently, 83 wouldn’t even ACCEPT an unvaccinated child, 12 wouldn’t even return the call and only 10 accepted Non-Vaccinated patients! See statistics Here: (AB2109providernounvaxed.PDF). I myself, have been HARASSED, BULLIED and KICKED OUT of SEVERAL PRACTICES for REFUSING the AGGRESSIVE VACCINATION SCHEDULE (see three of my complaints in this compilation of harassed parents .

Not only that, if you religiously object to certain vaccines ingredients containing Aborted Fetal Tissue / Human DNA, the MD or Nurse can disagree. You will be asking to opt out for religious reasons and can be denied (1st Amendment - Freedom of Religion). California does not have a separate Religious Exemption to opt of any vaccine. The Medical Establishment is there to do the CDC’s bidding. You are kidding yourself if you think you will get a signature.

Does AB2109 STILL sound good to you?

OK. Many new vaccines are in the works, including ANTHRAX. How do you feel about giving an ANTHRAX vaccine to your child? If you choose not to vaccinate for Anthrax, you must get a signature. What if the MD or Nurse disagrees? Then what?

Now what do you think?

And Assemblyman Richard Pan, the author of this bill, received a letter from California Conferences of Local Health Officers stating they would withdraw their support of AB2109 if Pharmacists were added to the list of signers. See that letter here: (AB2109WootenPharmacistLetter.PDF). WHAT? Pharmacists are exceedingly trained on medicines and adverse reactions to combinations of medicines. WHY WOULD CCLHO OPPOSE PHARMACISTS BEING ADDED TO AB2109?

Because, my dear friends, THIS BILL IS NOT ABOUT EDUCATION!!!

IT’S ABOUT COERCION!!!

And now to the nitty gritty of it all. If you do not get a signature within the allotted time required, you will subjected to California Department of Education Truancy Law here: http://www.cde.ca.gov/ls/ai/tr/:

“Penal Code Section 270.1. (a) A parent or guardian of a pupil of six years of age or more who is in kindergarten or any of grades one to eight, inclusive, and who is subject to compulsory full-time education or compulsory continuation education, whose child is a chronic truant as defined in Section 48263.6 of the EC, who has failed to reasonably supervise and encourage the pupil's school attendance, and who has been offered language accessible support services to address the pupil's truancy, is guilty of a misdemeanor punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.”

IS THIS ACCEPTABLE TO YOU?

FORCED to PAY for SEVERAL MEDICAL DOCTOR’S APPOINTMENTS, be LECTURED only to hear, “I’M NOT SIGNING YOUR EXEMPTION,“ when you ask to opt out OF JUST ONE VACCINE, which would make you GUILTY of MISDEMEANOR TRUANCY LAWS consisting of JAIL TIME and / or FINES up to $2,000.00.

THIS IS MY CHILD, therefore it is MY CHOICE. NO ONE BUT ME SHOULD BE ALLOWED TO DECIDE MY CHILD’S HEALTH.

"Free Choice contingent on another’s choice, IS NOT FREE CHOICE!”

Dr. Bob Sears, California State Capitol, April 27, 2012, Assembly Health Committee regarding AB2109.

AB2109 VIOLATES PARENTAL, RELIGIOUS, AND MEDICAL FREEDOMS!

THIS IS IT! ONE LAST WEEK to CALL. PLEASE CONTACT GOVERNOR JERRY BROWN TODAY and ask for a VETO!

916-445-2841 phone

916-558-3160 fax

And on a side note: If this bill passes in California, your state is NEXT!

Michelle Gutierrez is the California State Co-Director for the National Vaccine Information Center. She is also affiliated with the Canary Party, Families for Early Autism Treatment (FEAT), Sacramento Autism Biomedical and California Vaccine Rights Groups. She is an administrator for Face Book Page CALIFORNIANS AGAINST AB2109.

From the National Vaccine Information Center

CA Bill Restricting Personal Belief Vaccine Exemption Heats Up

Posted: 7/2/2012

 

 

Comments

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Hi Godrey;
re your comment about lawsuits, you would probably find you were trying to sue a very large number of people. For example , with whooping cough, how many adults do you know who have got the booster?
Have you?
If not , you are also part of the group who could potentially be sued..
All those grandmas, mothers, fathers, teachers etc.who have not got the booster: many adults in fact still aren't covered.
Then there is the Hep B.
Have you had the Hep B, that all the babies are now getting at birth? If not, I suppose you are part of an unvaccinated lawsuit for that too.

And of course we are already finding that the vaccinated are contagious too.

Just because some adults like to mandate shots to children that they don't take themselves, doesn't mean that only kids can carry illnesses.

Your statements seem to be based on the idea that no one ever actually gets injured from vaccines.


Science agrees that vaccines injure and even kill some people.
( If you need pub med citations let me know.)
You seem to be acting as if there are no dangers to forcing people to take a vaccine.

Do you not care about those who are injured, or are they just acceptable collateral damage?

You have made a decision to try to force people to get shots against their will. What is your plan to take care of those who are injured? Or is that part of the picture "not your problem"?

Documented Vaccine coverage is over 94% for CA Kindergartners for the required vaccines. 3.3% of the Kindergartners are conditional enrollments, meaning they are in the process of becoming current, so that group will add to the already high rates, resulting in the 97% plus rates described in older grades. These exemplary rates are achieved with the current Personal Belief Exemption in place- there is no problem.
What possible Public Health Objective is not exceeded by rates this high?

An exemption is required for a student to enroll who is missing even a single dose of any vaccine, regardless of how many other doses have already been received. The majority of the miniscule 2.54% of CA children with an exemption on file have had some of most of the required vaccines. Very few children are completely unvaccinated, the CDC documents this to be less than 1%.

Please see CA DOH documents detailing the actual vaccination status of CA children, a comparison of the WA law SB 5005 that AB2109 is being equated with, and slides from a Immunization conference powerpoint detailing that providers are refusing to sign exemption forms.

AB 2109 is an unworkable solution to a non-existent problem.
http://www.scribd.com/doc/106205453/SB-5005-AB2109-1
http://www.scribd.com/doc/107086647/AoA-CA-Slides

Good point Wrongdoing, When debating the vaccine issue, I always bring up Hannah Poling whenever people say there is no vaccine- autism link. Wrong. One thing the Poling case taught us is that if a child has a hidden underlying mitochondrial defect(s) that child could be at greater risk for serious adverse reaction to vaccines especially when given multiple shots in one visit. Despite the Poling case, nothing has changed. Why are kids not being pre-screened for a family history of auto immune or neuropsychiatric disorder? Why is the same cookie cutter approach to vaccinating being used for all kids knowing some kids have underlying senstivity? Why have there been no studies after Hannah's case was settled? Why is noone questioning the ridiculous number of shots our kids are getting knowing their immune systems are still immature and there still undergoing neurodevelopment?

After Hannah Poling, studies were done that show many of our kids indeed have a mito dysfunction. So what is the trigger???

I went to the hearing about this a few months back and was appalled. They had dozens and dozens of med students there, smiling at us parents with that "you poor deluded can't face its' genetics that caused your childs autism" looks. We all told our stories in the 2 minutes we had. Every doctor said 'of course I'll sign this" and of course they didn't mean it.

I also think that this is an attempt to further co-erce doctors. How do we know that if the same enlightened doctor signs an exemption for 20 kids in a district, he or she is not going to get a visit from the thugs at the AMA? At the least doctors get a lot of nasty peer pressure. It is very lonely being a doctor who thinks outside the box. Medical school favors those who do rote memorization, not those who connect the dots in different ways. I honor those doctors (like the DAN doctors) but I pity those who are just figuring it out. . . . and yet, we must help them figure it out ! !

So I am hoping this does not pass, but I have a way we can make it backfire .

Here is what we need to do if this wretched law passes since we will be forced to go to the doctor or speak to others This is our chance to actually educate the doctors which is why I wonder if they put the clause in that we could speak to nurses. This puts us parents in front of those who really don't want to believe this. There are so many of us that this may begin to crumble their wall of denial. We have just been given 10 minutes to tell our story to a doctor. We are paying for it. Let's prepare and make it count.

!) Write up a compelling flier on our child who got autism listing clearly how we know vaccines casused it (before and after pictures etc). If possible, take screen clips of relevant places in the insert with the vaccine that confirms that for example, yes children with allergies to ingredients shouldn't get a vaccines, or that it is counter indicated if they are sick, etc. If you have stories about the hardship to your family and child add it. Make it compelling.
2) Leave this flier in the doctor's office when we go, or post it outside.
3) If the doctor refuses to sign the exemption, ask them to sign another document instead. We who are for safe and spaced vaccination can come up with a standard form. This document will say that the DR agrees to opt out of the liability protection provided by law, that he or she has in fact informed you of every possible side effect from vaccination, and will in fact incur the risk that if your child does get a vaccine both by providing direct care to your child for free for as long as the damage harms your child, and finanically for any loss you incur. This includes vaccines your dr has given your child in the past, in the event research comes to light proving the damage was indeed caused by vaccines.
This has to make them think. Tell them its fine if they want to research the side effects before they sign it even though of course they've assured you vaccines are totally safe, and they can get back to you. In the meantime, ask them again to sign the vaccine exemption and to put a note on your file that you can get this permanently renewed without an office visit in the future. I am guessing they will be in a big hurry to get you out of there and never see you again. If one in a hundred doctors does in fact truly research the side effects becasue he or she is mad and wants to sign the form and prove something to us, he or she will be appalled. And the walls will start crumbling down. Well I can hope!

I want this law to end up causing so much grief, angst, and questions in the minds of the professionals who have to listen to us parents that they BEG for it to be repealed.

The big question now is Will Governor Jerry Brown drink the Kool aid or won't he? If AB2109 passes, it will set a very dangerous precedent because it takes away our control over own individual healthcare decisions shifts the powers to the medcial establishment to make decision for us. CA will be a medical police state.

AB2109 opens the door to many potential abuse of power scenarios...think of all the other things the gov't could use as leverage to get people to vaccinate. If they can tie vaccination to education, vaccination could be tied to any number of public services. Next will be mandatory booster shots or people will be denied access to unemployment, medicare, public housing, health insurance.

The same arguments could be used to justify new bills or broadening the scope of AB 2109.

Thanks Rob for your efforts!

Many things in the United States are done for the reason "it's for the children" when it is really done for those who will make money from the process.

The worthless vaccine schedule and the endless push for State mandates with a liability free product, is likely the most corrupt item ever used on a group who has no voice in the matter.

Thank you Rob Schneider for standing up for our children
and for parental rights.I agree 100% with everything you said.These pHarmaceutical companies
have taken control of the government and are ready to take
away our rights.WAKE UP PEOPLE,PROTECT OUR CHILDREN,PROTECT
THE FUTURE.THE KIDS DO NOT NEED THESE ALUMINUM ADJUVANT LOADED TOXIC VACCINES.This non-sense mandating must stop.
The children belong to the parents,NOT to the state.

I am concerned that something is getting missed in the broader scheme of things - the very real possiblity that autistics with mitochondrial dysfunction could get seriously damaged by vaccines. The government acknowledged as much in the Hannah Poling case. And recent studies suggest that a subset of Autistic people indeed have mild to moderate mitochondrial dysfunction (traits being regression, seizures, bowel problems)http://jama.jamanetwork.com/article.aspx?articleid=186999
Problem is the technology used in the studies is not yet available commercially. Yet we are still expected, now coerced, to vaccinate this subset of autistic kids who may have mitochondrial disorders, who may carry a greater risk of damage from the shots than the generally population. It is reasonable, then, for parents to expect a moratorium on this expectation to vaccinate autistic children until proper mitochondrial testing becomes commercially available.

Thank you to all who have helped work on this bill to block mandatory vaccines, without pay too. Too bad we cannot demand part of the elected officals pay to compensate you for all your free time.

What a pain this is, which leads me setting up a time to get a opt out vaccine script from the "Pain Management Doc MD". One, I start citing all reasons due to all the chronic illness via those childhood vaccines, it will be a 5 minute Dr's visit. I can then have the state pay for that visit.
What an extra boost for billing Medi Cal - just so you can opt out of the vaccines.
How are those costs going to stack up over the years?

Reminder everyone to call no matter if you live outside California.

THIS IS IT! ONE LAST WEEK to CALL. PLEASE CONTACT GOVERNOR JERRY BROWN TODAY and ask for a VETO!

916-445-2841 phone

916-558-3160 fax

And on a side note: If this bill passes in California, your state is NEXT!

"Sorry to be the bringer of bad news to you, but anyone trying to bring forth a lawsuit against the unvaccinated would have a bit of a problem-- proof of infection from an unvaccinated person, for one."

The standard of proof in a civil action is preponderance of the evidence. (If one would like to take measles as an example, the identification of "patients zero" is hardly beyond reach.) California, in addition, assigns proportional negligence. Furthermore, the actual possibility of a class action is not addressed. Finally, the question of defending against a suit, even if not ultimately meritorious, by someone who can't afford a visit to a naturopath to have a form signed has also not been addressed.

That first link I provided in my comment isn't working. Here's another link to an article which states essentially, the same thing, i.e., that it is NOT THE UNVACCINATED children who are spreading disease:

http://news.yahoo.com/whooping-cough-vaccine-loses-punch-too-fast-211116868.html

Couple of SNIPS:

..."While some parents around the country have taken a stand against childhood vaccines, the outbreak is not being driven by unvaccinated children, according to the CDC. Most of the illnesses are in vaccinated youngsters, officials said..."

@Godfrey Wyl - I think you may want to do a bit more homework. For example, take a glance at the following:

(Mainstream admission that vaccine is failure and unvaccinated generally not affected):

The current whooping cough epidemic could mean that the vaccine is not working

"....the epidemic may have been caused; in part, by a faulty, ineffective vaccine. ......The children of parents who opt out of vaccines are not generally affected by the yearly, consistent rising number of Pertussis cases. .......CDC officials have said that most of the children who have come down with whooping cough were vaccinated.

http://www.examiner.com/article/the-current-whooping-cough-e...

----------------------------------------------

Mainstream news out of Australia:

Vaccine a dud, says city doctor

http://www.qt.com.au/story/2011/12/02/vaccine-a-dud-says-cit...

2nd December 2011

A WHOOPING cough epidemic is sweeping Australia and according to one Ipswich doctor the current vaccine is the reason why.

Ipswich Medical Centre GP Paul Curson said many of the people he had treated during this epidemic were fully immunised, suggesting the vaccine was failing to protect people.

So far this year 490 cases of Pertussis (whooping cough) have been reported in the West Moreton Health Services District, up from 436 last year but far in excess of the 50 cases in 2007.

Dr Carson, a veteran of 30 years as a GP, said the current vaccine was simply not doing its job.

"The vaccine is no good, we're seeing whooping cough in people that shouldn't really have it," Dr Curson said.

"It is showing up in kids that have been vaccinated."

----------------------------------------------------

By the way, my husband is an attorney. He says 'good luck' with your lawsuit. LOL...

Sounds like a good time to get out of the public school system, which is doing an incredibly weak job anyway. I can assure you that the government would be forced to either back down or show their true colors if too many people pulled their kids out of the schools. If thousands, better yet, millions of parents all stood together and said, "We are not going to have our children vaccinated" just see how fast they would back down. Are they going to lock everyone up? Are they going to lose all of those federal dollars if that many parents pull their kids out of the schools? At some point the people have to stand up against corrupt, non-accountable representatives and say "We do not support this unconstitutional law, we refuse to follow it, and we don't care what you do about it." It is only when we assert our right to make our own decisions about what we put in our bodies and those of our children that we will once again be free.

Where are the celebs to help back Rob? Come on celebs! You need to forget your careers right now and get behind this. Your families NEED this help. The people need the artists, athletes and those will wide-spread influence to get in the fight immediately.

Are the any statistics that show how many are not vaccinating these days?

@ Godfrey Wyl - Sorry to be the bringer of bad news to you, but anyone trying to bring forth a lawsuit against the unvaccinated would have a bit of a problem-- proof of infection from an unvaccinated person, for one. As air samples from the US reveal 1,800 different kinds of nasty microbes in any single location, the very air we all breathe is heavily contaminated with germs. Additionally, germs are in the soil, on every surface we touch, and up our very noses, too. There would be no way on Earth to prove any person caused any disease in another individual due to the failure of that person to receive vaccines. Vaccines don't kill the germs that are constantly circulating and mutating everywhere around us, nor do they kill the bacteria colonizing your very nostrils. Good luck with that lawsuit. You are going to need it.

How constitutional is AB 2109? Here is a better link with info on religious freedom v HHS mandate.. much to be learned here:


VIDEO: Rep. Gowdy’s Religious Liberty Lesson for Secretary Sebelius

http://blog.heritage.org/2012/04/27/video-rep-gowdys-religious-liberty-lesson-for-secretary-sebelius/

"I don't know about you, but I don't have extra cash lying around to pay for MD appointments...."

In that case, one may reasonably infer that you also don't have the funds to pay for an ER visit or, worse, hospitalization should it result from attempting to hide in the herd, thus laying the burden on society, or to defend against an action by someone similarly situated for damages owing to negligence in the transmission of infectious disease (and do note that there is no reason why all local holders of a personal belief exemption could not be named as a defendant class were substantial harm to have resulted).

And btw, are teachers required to get a doctors note under AB2109?

The free appropriate public education that our taxes fund should not be contingent upon also paying some union doctor for permission to participate.

In our brave new world society keeps reinventing control and corruption -- in this case, a transaction that amounts either to modified bribery or restricting civil liberties.

Parents forced to attend these "educational" Rx appointments should submit their own informational packets on vaccine adverse effects -- along with an equivalent invoice compensating their expenses for their work, time and inconvenience.

Please let those of us outside of CA know what we can do! This is very bad. Even if I was an ardent supporter of vaccines (I'm not) I would still think this bill is absolutely the worst restrictions on freedoms I've seen in a long time. Why isn't every republican in this state FREAKING OUT? Terrible. I hate to say it, but no way Brown will veto- he loves this bill, he loves govt controlling everything.


I feel this bill is just a clever way to box in the parents without outright saying that we must vaccinate. Realistically it leaves parents with limited options and it holds access to education over parents heads. Smacks of blackmail. Seems unconstitutional and a violation of civil and religious rights. Maybe CA parents need to play the constitutional rights card or appeal to the Supreme court and on the basis of religious freedom which has the best success rate in winning.

I came across this gem the other day and think alot can be gleaned from what this congressman says about right to education, religious liberty, constitutional rights and the law.


Kathleen Sebelius Destroyed At Congressional Hearing

http://www.thehopeforamerica.com/play.php?id=11236

Thanks Kim! This is great!!! GO CALIFORNIANS! FIGHT for YOUR RIGHTS!!!

This is so, so troubling.
What about what happened in the hearing? is there legal recourse for that? I don't know what the law is but were any rights violated? Were rules of order broken? Seems to me several were. if so, is that covered by a law? Each side is supposed to get equal time and rebuttals, and the decision makers are supposed to be neutral. The ones that were elected are supposed to vote according to the wishes of their constituents too, but that is a whole other matter.
Anyway it's all about making it harder and harder not to vaccinate without actually making it mandatory, without actually REMOVING legal exemptions. That would make them look bad. They seem to think this doesn't.
I see that a naturopath can sign(if authorized to dispense). I wonder why they put that in - to throw us off the scent? If this happens where I live, at least my naturopath would sign it without a lecture, but there's still the matter of the expense of the appointment.
And cheers to Rob for his courage. We appreciate it! He must know the effect it could have on his career. 50 years ago he'd have seemed a tailor made victim for Joe McCarthy.

You ROCK Michelle!!!

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