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Lawmakers in the state of California this week introduced a bill giving the state health department the power to approve all medical exemptions for child immunization, revoke fraudulent exemptions, and maintain database of exemptions and the doctors who issue them.
The draft law, SB 276, is designed to counter the country's recent problem of "unethical" doctors, exempting children from mandatory vaccinations based on dubious or totally false medical grounds, often against fees.
Medical exemptions are for children with legitimate health problems that prevent them from receiving vaccines. This includes children taking immunosuppressive drugs, such as cancer and transplant patients, and those with life-threatening vaccine allergies. Yet, dummy medical exemptions have been on the rise since lawmakers banned personal conviction exemptions in 2015 (SB 277). Since then, the number of maternal wards benefiting from waivers for medical care in the state has tripled, bringing the maternal exemption rate to 0.7%.
During the 2017-2018 school year, kindergarten children in 105 schools had a medical exemption rate equal to or greater than 10%. These high rates have resulted in overall school immunization coverage below the means needed to prevent the spread of infectious diseases that can be prevented by vaccination. Los Angeles Times it's noted.
Recent surveys have revealed that a small number of "rogue" doctors are behind these fake derogations and that parents opposed to vaccinations are looking for them. For example, the state medical board imposed on Dr. Robert Sears a 35-month probationary period last year to exempt a two-year-old child from all vaccines without consulting his medical records – and for not following Standard test after the child was hit in the head with a hammer. Dr. Sears is infamous for promoting alternative immunization schedules that allow anti-vaccine and reluctant parents to refuse or delay life-saving immunizations for their children.
Earlier this month, a media survey revealed that only one doctor in the San Diego area was responsible for granting one-third of the medical exemptions. The doctor, Tara Zandvliet, granted derogations for dubious reasons, especially if a child had a family history of urticaria, diabetes or asthma. Zandvliet charged a fee of $ 180 to badess the medical exemptions.
The new bill aims to fill these gaps. Physicians should use only those criteria accepted by the federal government to apply for a medical waiver, which state health officials would then review and approve or deny. State agents also kept a register of exemptions, listing the doctors who issued them. Such a database would allow managers to easily spot doctors who are writing an exceptionally large number of exemptions, such as Zandvliet. Finally, the bill would require schools to submit all exemptions in effect by July 1, 2020 for review, which could then be revoked if the exemptions are found to be fraudulent.
The bill was introduced by Senator Richard Pan (D-Sacramento), pediatrician behind the original vaccine law of 2015, and by badembly member Lorena Gonzalez (D- San Diego). The bill is also sponsored by Vaccinate California, the California Medical Association and the American Academy of Pediatrics, California.
In a statement, Gonzalez said:
Three years ago, we strengthened our state's immunization laws to protect students and the general public from potential diseases. We now see anti-vaccination parents and some doctors circumvent this law by vaguely seeking and issuing medical exemptions when families are willing to pay … The real cost is a threat to herd immunity and health public. That's why I'm co-writing today legislation with Senator Pan to badert that it's enough.
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