On 7 November 2017, the 6th Circuit Court of Appeals mostly upheld a Federal District’s Court decision (pdf) to grant a motion to dismiss a lawsuit challenging Michigan vaccine regulations that require parents seeking an exemption from school immunization requirements have an interview with health department personnel first. The decision reinforced the strong support our courts have provided states’ efforts to increase vaccines rates.
The times are a-changing. States are starting to get tougher with vaccine refusers who are sending their kids to school. Next up a change in Illinois vaccine religious exemption requirements.
It looks like California SB 277, which eliminated non-medical exemptions for vaccines, and mandated vaccinations for most children entering public or private school, has started a positive trend with regards to vaccination requirements. Of course, the drop in vaccination rates and the abuse of exemptions started the trend.Read More »Illinois vaccine religious exemption – far from perfect
In a previous post, I described a New Jersey Court of Appeals case in which Ms. Valent was denied unemployment benefits because she refused flu vaccines without claiming the religious exemption. I explained that the hospital was not constitutionally required to provide a religious exemption, and that doing so was a losing proposition from a hospital’s point of view.
In the comments following that post, it was correctly pointed out to me that there is another claim I should have addressed: a claim that the hospital was required to provide a religious exemption under the Civil Rights Act of 1964. This did not come up in the case itself: the court reinstated the nurse’s unemployment benefits on constitutional grounds, though problematic constitutional grounds. But since I argue that hospitals should not offer a religious exemption, I need to address whether the hospital is required, under Title VII, to offer an accommodation. Read More »Health Care Workers, Flu Vaccines, and Work Place Discrimination
June Valent started working for Hackettstown Community Hospital, New Jersey, in 2009. In 2010, the hospital adopted a policy requiring workers to be vaccinated against influenza, unless “there [was] a documented medical or religious exemption. For those with an exemption, a declination form must be signed and accompanied with an appropriate note each year.” An employee claiming a religious exemption just has to sign a form and bring a note from a religious leader. Employees using an exemption were required to wear a mask.
To her credit, Ms. Valent was unwilling to pretend her reasons for refusing the vaccine were religious. Less to her credit, she refused to be vaccinated, even though she had no medical reason, and vaccinating would reduce her chances of contracting influenza and transmitting it to her vulnerable patients. She did agree to wear a facemask, as any vaccine exempt worker would.
The hospital fired Ms. Valent for violating the policy. The issue under consideration was whether she was entitled to unemployment benefits. Under New Jersey law, an employer may deny unemployment benefits if the employee engaged in misconduct, which includes violating a reasonable rule of the employer. After somewhat complex proceedings, the Appeal Tribunal of the Board Of Review of the Department Of Labor decided to deny her the benefits because the employer’s requirements were “not unreasonable.”Read More »No faith – healthcare workers, vaccines and religion
According to the New York Daily News, a Staten Island father has sued the City and State of New York to block his four year old son from being tossed out of school because their parents refuse to vaccinate him:
A Staten Island father is suing the city and the state after his 4-year-old son was booted from pre-K class because of the parents’ objection to vaccines.
The father, identified only as P.R. in the lawsuit over the contentious issue, is a Catholic who had sought a religious exemption to the state law requiring that every child attending a public, private or parochial school must be immunized from 11 communicable diseases.
His son was removed from his public school classroom on Dec. 23 after city Department of Education officials rejected the father’s appeal of an earlier decision. The city concluded the paperwork he submitted “does not substantiate … that you hold genuine and sincere religious beliefs which are contrary to immunization,” according to the suit.
Last month, the city added a requirement that children under 5 who attend preschool or day care must get flu shots.
The boys’ parents filed an affidavit Monday stating they believe that “immunization demonstrates a great lack of faith in the gift of health and the promise of protection that we are given at birth and through baptism we put our child in the hands of the Lord … God wants us to put our faith for disease prevention in him exclusively.Read More »Father sues New York to obtain religious vaccination exemption for son
Once again, a new study is published in a peer reviewed journal that shows that exemptions to proper and recommended levels of vaccination for children before entering public school are harming the general population. I’ve talked about the issue of exemptions causing outbreaks or epidemics previously in New York, Washington, and other places.
Over the past few years, there have been several outbreaks of whooping cough (Bordetella pertussis), including one that reached over 9000 individuals in California in 2010, considered one of the worst pertussis outbreaks in the USA during the past several decades.
The original DTP vaccine (diphtheria, tetanus and pertussis) became available in the USA in 1948 and was critical to dropping the number of cases of whooping cough from 260,000 in 1934 to less than a few thousand per year in the 1990′s. The Advisory Committee on Immunization Practices (ACIP) recommends (pdf) that children should get 5 doses of DTaP (the replacement for the original DTP vaccine), one dose at each of the following ages: 2, 4, 6, and 15-18 months and 4-6 years. Those children who are not completely vaccinated according to these ACIP recommendations for pertussis are considered to be “undervaccinated.”
- 1 in 4 (23%) get pneumonia (lung infection)
- 1 or 2 in 100 (1.6%) will have convulsions (violent, uncontrolled shaking)
- Two thirds (67%) will have apnea (slowed or stopped breathing)
- 1 in 300 (0.4%) will have encephalopathy (disease of the brain)
- 1 or 2 in 100 (1.6%) will die. In 2012, pertussis killed 18 infants in the USA.
Even in adults, there are substantial complications from whooping cough, such as broken ribs from coughing, that can have a significant impact on the overall health.Read More »Vaccine exemptions contribute to outbreaks of preventable diseases
West Virginia isn’t frequently lumped together with the more progressive states in the country. But sometimes, there are surprises.
I admit that I keep up with all kinds of news articles dealing with vaccines and vaccinations; especially since the new health care reform tax credit was enacted. I read about new vaccines in development. I read about new vaccine technologies that might prevent autoimmune diseases, like Type 1 diabetes. And I read articles about vaccinations from community newspapers, like this story in a local West Virginia newspaper, where I’m reminded of how advanced West Virginia is, at least with respect to vaccines:
Beginning last year, and continuing every year after, older students entering the seventh and twelfth grade will have shot requirements that must be met before the start of the school year.
Seventh and twelfth grade students will not be allowed to attend school this fall without proof of these immunizations. It is important that once you receive the vaccines and the providers update your immunization record, that the school nurse is sent a copy of the vaccines for their records.
The Mason County Health Department recently sent out a reminder that seventh grade students must show proof of a booster dose of Tdap (tetanus, diphtheria, pertussis) vaccine and one dose of meningococcal/meningitis vaccine. Twelfth grade students also must show proof of a dose of Tdap (ususally obtained at age 11-12 years) plus at least one dose of meningococcal/meningitis vaccine after the age of 16 years. If the student received a meningococcal vaccine prior to the age of 16, a second meningococcal vaccine will be required for the twelfth grade.Read More »West Virginia occasionally gets it right
As I discussed previously, the pendulum is swinging against the so-called “philosophical exemption” against vaccination, which allows parents to not vaccinate their children based on the “just because I don’t want to” principle. They don’t even have to support their exemption with a discussion with a healthcare worker who might explain the risks of their decision.
According to an article in the Las Cruces Sun-News, New Mexico state law says that residents can exempt their children from immunization for two reasons: 1) medical issues that might make the vaccination unsafe (often called medical exemptions) or 2) vaccinations conflict with the family’s religious beliefs (religious exemptions). Apparently, according to the article, “the New Mexico Department of Health wants to keep it that way.”Read More »New Mexico removes fake religious objections from vaccine exemptions
In April, 2010, a Federal District Court in New York denied a mother’s bid for a religious exemption to New York state’s mandatory vaccination rules. According to the article in the New York Law Journal, “Martina Caviezel, a self-proclaimed pantheist, sought a preliminary injunction allowing her to enroll her 4-year-old daughter in a Great Neck, N.Y., pre-kindergarten without getting the shots the state says the child needs. Caviezel relied on Public Health Law §2164(9), which exempts children from the requirement whose parents or guardians “hold genuine and sincere religious beliefs which are contrary” to vaccination.”
Around September 2009, Caviezel submitted the New York exemption form to the school requesting that her youngest child be exempt from the requirement that children be vaccinated against measles, mumps, rubella and other diseases. The school principal told her that her request would likely be denied. Caviezel declined to meet with school superintendent to further discuss the exemption. She then sued after her request was denied, alleging civil rights violations.Read More »Court says that fake religious vaccine exemptions are not protected by the First Amendment
A recent report indicated that US state legislatures are beginning to pass laws that make it more difficult for parents to obtain so-called personal exemptions to vaccinations before children attend public schools. According to the author, Tara Haelle, “Each US state sets its own vaccination policies, and most will not generally allow children to attend public school unless they have been vaccinated against diphtheria, tetanus and pertussis (whooping cough); hepatitis B; the Haemophilus influenzae bacterium; measles, mumps and rubella; polio; and varicella (chicken pox).” In general, most states require that students meet the Centers for Disease Control and Prevention schedule (pdf) for children between 0 and 6 years old, which is set by the Advisory Committee on Immunization Practices.
All states allow legitimate medical exemptions from the immunization schedule before a child enters school, because of certain medical conditions that might make vaccinations problematic for young children. Some of these medical issues are: allergies to some of the components in the vaccines, immunocompromised conditions, family history of seizures, and other issues outlined in the General Recommendations on Immunization of the Advisory Committee on Immunization Practices. These medical exemptions are extremely rare, but are very important. A licensed medical doctor is the only one that should provide this exemption.Read More »Updated: make religious vaccine exemptions more difficult to obtain