SB 276 Will Violate the Doctor-Patient Relationship by Eliminating Medical Exemptions
If the government wants to mandate vaccinations, it must ensure that they are safe for all children
Of the fraudulent exemptions cases that the Medical Board of California has investigated to date, there have been no fraudulent medical exemptions found.
Special to California Globe by Mary Holland, Esq.*
California has one of the strictest compulsory vaccination laws for schoolchildren in the nation, but Senate Bill 276 by Senator Richard Pan (D-Sacramento) would eliminate almost all vaccine medical exemptions, allegedly to crack down on fraud. Under this bill, State bureaucrats — not physicians –would be in charge of deciding whether children may receive medical exemptions and thus whether they can attend school.
UC Berkeley Law Dean Erwin Chemerinsky recently weighed in on this in his OpEd, “Vaccines Protect Us. But does the U.S. Constitution protect anti-vaccine parents?,” published in the SacBee on May 6, 2019. Re-litigating SB 277, Chemerinsky got it wrong. While it is true that under SB 277 there are no lawful rights for parents to refuse vaccination other than medical ones, what Chemerinsky didn’t articulate is that this new bill is about physicians, not parents. After SB 277, it is solely within a physician’s discretion to grant a medical exemption, based on past adverse reactions and family history. SB 276 now seeks to remove a doctors’ ability to grant medical exemptions for the extremely small percentage that need them and, instead, to vest that authority in government bureaucrats.
SB 276 is a clear example of government overreach, resulting in the unnecessary and inefficient use of taxpayer dollars. Since SB 277 eliminated both personal belief and religious exemptions (47 other states allow either or both), vaccination rates increased from 92.9 to 94.8 percent. Currently, less than 1 percent of California kindergartners have a permanent medical exemption. In addition, 96.6 percent of kindergartners have had the MMR to protect against the measles infection. Read the full article from Mary Holland at California Globe.