Vaccination Laws – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Controversy in California: Childhood Vaccines Now Mandatory https://legacy.lawstreetmedia.com/news/controversy-california-vaccines-now-mandatory-school-aged-children/ https://legacy.lawstreetmedia.com/news/controversy-california-vaccines-now-mandatory-school-aged-children/#respond Tue, 07 Jul 2015 14:17:52 +0000 http://lawstreetmedia.wpengine.com/?p=44240

The outbreak at Disney has sparked vaccine requirements for all children.

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A landmark bill was just passed in California which will make vaccinations necessary for all students, unless they have a medical exemption or the parents choose to homeschool their children. This law eliminates the personal and religious belief exemptions completely, and was met with overwhelming praise, although not without protest. It has been the subject of heated debate for the past few months, although it was finally approved last Tuesday. The Golden State has been forced to take extra precautions after a measles outbreak at Disneyland wreaked havoc on the public, leaving over a hundred people infected.

The bill passed with bipartisan support in the Assembly before it was sent to California Governor Jerry Brown, who hastily signed it, enabling it to finally become a law. Politicians have mixed views on this topic, although it seems that the consensus is that vaccinations are necessary to protect the health of the general public. Recent events have caused numerous bills to be proposed throughout the country, although California’s is one of the first to be set in motion.

Two other states, West Virginia and Mississippi, have already imposed similar laws, and they have proven to very successful so far. California made a wise decision in following the lead of its southern counterparts and given how prominent a state California is, it will likely be a model for other states to follow if all goes well. Many states seem to be interested in implementing similar legislation, and so all eyes will be on California to see just how such actions impact its citizens.

This preventative measure is aimed at schools–both public and private institutions–as well as day care centers. This law also creates clear guidelines for future requirements regarding vaccines so that there are no questions of procedure or exemption. There will now be two vaccination checkpoints for children, one at the kindergarten level, and one in seventh grade. A grandfather clause was also created, which will allow children to wait until the next checkpoint to be vaccinated if they missed the first one due to a personal belief exemption before this change was instituted.

The subject of vaccination has proven to be a very contentious topic in the United States in recent years. But what’s most important is the science behind this decision, and the experts believe that this law is imperative for preventing future outbreaks. Pediatricians in California have high hopes for this new policy, announcing their beliefs that it will most likely increase immunization rates and stop diseases from spreading. The goal is to protect the masses, not only children, but entire communities. So long as the vast majority of people are vaccinated, then the chances of another outbreak are astronomically low. Research has proven that such stringent rules help to create safer environments, so why do so many still have a problem with vaccines?

While the reasons for the opposition to vaccines do merit some recognition, since there is always the microscopic chance of complications, it is obvious that the pros far outweigh the cons in this situation. Many people believe that they can cause disorders such as autism, despite most research debunking this theory. Most other objections are due to personal or religious reasons. Parents used to be able to simply check a box to decide whether or not to inoculate solely based on their beliefs. While this law makes vaccinations mandatory for the majority, there will still be a few opportunities for exemptions. If parents completely refuse to vaccinate their children, then they must pledge to homeschool their children. Medical exemptions will still be available to those with serious health conditions, although this decision will be left up to the professionals. It was also announced that an amendment might be added to the law, and if passed, would make it so that doctors can use family medical histories of patients when evaluating children for medical exemptions.

Actor Jim Carrey made headlines for speaking out in disgust against the new law, even going so far as to call Brown a fascist. In his infamous Twitter rant, he accused the California legislature of being corrupt and knowingly poisoning children by requiring vaccinations. Carrey is only one of many to voice his furor, although it seems that there are far more supporters than protestors for this law.

Numerous groups have also announced their opposition, including the California ProLife Council, California Nurses for Ethical Standards, and the National Vaccine Information Center. Angry parents joined these groups in posting on social media to express their outrage. There have been many disputes between parents regarding this new legislation, and thousands have even stormed the capitol in protest. One major argument that protestors use against this law is that it takes away a parent’s ability to control what goes into their children’s bodies.

No one died during the measles outbreak at Disneyland, although it was still extremely scary for everyone involved and brought much unwanted attention to California. Disneyland is a major tourist destination that attracts millions of visitors a year, and so such a powerful disease infiltrating this popular institution seemed shocking at the time. Such an outbreak in California was upsetting to many after the disease was supposedly eradicated years ago. This was only the latest event in American history to trigger a national debate on the necessity of vaccines. There was also a recent outbreak of whooping cough in a Los Angeles school district where 90 students were infected, although experts believe that this incident could have been prevented. Officials of this district are praising this new law, as they believe that it will definitely help combat future outbreaks.

This law will not take effect until July of 2016, so those who are unhappy have time to move to another state. Some parents find it to be too drastic and have said that they will sue school districts just to get their child admitted without being vaccinated, although it does not seem that they will be triumphant. This law would mandate the entire state to follow through with the law, with very few exceptions. The hope is that given all of the research and findings associated with the benefits of vaccinations, parents will open their minds to the possibility of vaccines benefiting the public.

Toni Keddell
Toni Keddell is a member of the University of Maryland Class of 2017 and a Law Street Media Fellow for the Summer of 2015. Contact Toni at staff@LawStreetMedia.com.

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The Anti-Vaccination Movement: Eradicated Diseases Making a Comeback https://legacy.lawstreetmedia.com/issues/health-science/anti-vaccination-movement-return-measles/ https://legacy.lawstreetmedia.com/issues/health-science/anti-vaccination-movement-return-measles/#respond Fri, 27 Jun 2014 17:47:22 +0000 http://lawstreetmedia.wpengine.com/?p=18782

In recent years, an increasing number of parents decided not to vaccinate their children for a number of diseases. Measles, declared eliminated in the United States in 2000, is now back in full force primarily due to lack of vaccination. Here’s what you need to know about the controversy surrounding vaccines, preventable diseases, and what more can be done.

The post The Anti-Vaccination Movement: Eradicated Diseases Making a Comeback appeared first on Law Street.

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"Vacunas" courtesy of [Carlos Reusser Monsalvez via Flickr]

In recent years, an increasing number of parents decided not to vaccinate their children for a number of diseases. Vaccinations are largely heralded as one of the most effective instruments for public health. Measles, declared eliminated in the United States in 2000, is now back in full force primarily due to lack of vaccination. Here’s what you need to know about the controversy surrounding vaccines, preventable diseases, and what more can be done.


Why are we worried about measles?

It’s true, those pesky measles are back. That contagious respiratory disease characterized by a fever, runny nose, cough, and itchy rash is once more making its way through towns in the United States. Most cases result from foreigners traveling to the United States infecting those who are not vaccinated. In the decade before the measles vaccine was introduced, the Centers for Disease Control and Prevention (CDC) reported an estimated 3 to 4 million people contracted measles each year. The disease caused many cases of chronic disability, hospitalization, and even death. Before the vaccine, the virus affected more than 95 percent of children. Measles kill approximately one in every 1000 cases. About 30 percent of cases develop further complications, including pneumonia, ear infections, or diarrhea. The vaccine for measles, commonly known as the vaccine for Measles Mumps and Rubella (MMR) was introduced in 1967. Following a large measles outbreak from 1989 to 1991, Congress instituted the Vaccines for Children Program to increase vaccination rates. Following, cases of measles rapidly fell. The recent return of measles has largely been blamed on the anti-vaccination movement. Watch below for an overview of the benefits of vaccines:


Why don’t parents want to vaccinate their kids?

Parents are hesitant to trust the government or pharmaceutical companies and have a number of concerns in allowing their children to be vaccinated. The anti-vaccination push began following a 1998 study by researcher Andrew Wakefield in the British journal, The Lancet. The study declared a link between the MMR vaccine and autism. However, the article has since been widely discredited in the scientific community due to conflicts of interest and manipulated evidence. The paper was retracted in 2010 and Wakefield lost his medical license. Despite the following events, many parents are still concerned that the MMR vaccine will cause autism. Watch below for some debate of the study:

Beyond this, the anti-vaccine movement has continued to gain traction for a variety of reasons:

Celebrity Support

Actress, model, and “The View” host Jenny McCarthy has been a vocal opponent of vaccination. McCarthy claims the vaccines have toxins that are generally unsafe, especially as the amount of required vaccines has increased. Scientists point out that vaccines contain a much less amount of toxins than other foods. Other opponents of vaccination include actor Aidan Quinn, who connects his daughter’s autism with the MMR vaccine, and reality star Kristin Cavallari, who opposes the vaccination of her children. Listen to Jenny McCarthy discuss autism and vaccination:

“Vaccine Load”

Some parents are worried about vaccine load, where the child’s immune system may not be able to handle multiple shots at one time. Children now receive up to 28 shots by age 2. Several studies show receiving multiple vaccines on the same day is not associated with increased chances of autism. Further, while the number of vaccines given to children has increased in recent years, the amount of main ingredients in vaccines has decreased. Worries of vaccine load mean many children are not vaccinated in a timely manner. The claim is also made that vaccines cause a permanently depressed immune system. Instead of vaccination, children should be allowed to build up natural immunity over time.

Mercury

Concerned parents cite the mercury-based preservative thimerosal in vaccinations as a cause of potential brain damage. Government officials have deemed thimerosal safe and found no evidence of harm. However, by taking the voluntary precaution to phase the compound out of vaccinations in 1999, the CDC instilled a greater fear of vaccinations.

Religion

Others object to vaccination solely on a religious basis. They claim vaccination interferes with natural law and God’s plan. Others believe the body is sacred and should not receive certain chemicals, blood, and tissue from animals.


Don’t parents have to vaccinate their kids?

In most cases, for a child to attend public school they must have certain vaccinations. However, some states allow exemptions for those with religious or even philosophical opposition to vaccinations. Private schools do not have the same mandate as public schools. Therefore,private schools vaccination rates are as low as 20 percent. The vast majority of parents vaccinate. According to USA Today, vaccination rates for all diseases are about 90 percent, and fewer than one percent  of Americans forgo all vaccinations. However, exemption rates from 2006 to 2011 doubled. Since states have different policies, vaccination rates are not geographically uniform. This leads to outbreaks only in specific areas.

All states allow vaccination exemptions for medical reasons. Nineteen states allow philosophical exemptions for vaccinations. In states with philosophical exemptions like Idaho, Michigan, and Vermont, more than 4.5 percent of kindergarteners last year were unvaccinated for non-medical reasons. These rates are four times the national average and are potential hotspots for outbreaks. Mississippi and West Virginia are the only states to not allow religious exemptions.  So far,  those states have not seen any disease outbreaks. A federal judge recently upheld a New York City policy that unvaccinated students are not allowed to attend school when another student has a vaccine-preventable illness. Ultimately the right to forgo vaccination for religious reasons doesn’t trump the fear that unvaccinated students may contract and spread the disease.

Until 2011, parents in Washington could opt out of vaccinating children simply by signing a form. This system meant up to a quarter of kids in some counties opted out of vaccinations. States that allow non-medical exemptions have seen more parents forgo their children’s vaccines. From 2000 to 2010, non-medical exemptions in California tripled. Watch for a description of a recent measles outbreak:


Has lack of vaccination led to more cases of disease?

The overwhelming majority of current measles infections occur in unvaccinated people. From the beginning of 2014 to June 20, 2014, the CDC declared 514 cases of measles and approximately 16 outbreaks, the most since 1996. Half of these casesare adults age 20 and over. Following a widespread measles outbreak in San Diego in 2008, roughly one in five children were not vaccinated against the disease. Even last year in California, USA Today reported 14,921 children were not vaccinated for philosophical reasons. In Colorado four percent of kindergarteners did not have shots for non-medical reasons. Watch below for information on the recent measles outbreak:

Another vaccine-preventable disease, pertussis, or whooping cough, increased considerably in recent years. In 2012, a fifty-year high of almost 50,000 cases of whooping cough were reported, a stark contrast from the 1980s and early 1990s when rates hovered around 5,000. Through June 16, 2014, almost 10,000 cases of whooping cough were reported, which is a 24 percent increase when compared with the same period in 2013. This is attributed to the anti-vaccination movement as well as weakened antibodies which wane as a person ages.


Should I be worried?

If you are vaccinated and your shots are up to date, probably not. The most vulnerable are infants who are too young to be vaccinated and the elderly who may not have proper boosters. The effects of vaccination deteriorate over time, so adults who have not gotten booster shots can still contract the disease from an unvaccinated person. Unvaccinated people may not even know if they are carrying a disease like measles, but they can still contagious before any symptoms arrive. A recent case study of an individual dubbed “Measles Mary” has even shown it is possible for a vaccinated person to contract measles and then unwittingly pass the disease on to others.

A recent study by the CDC showed routine childhood vaccinations given between 1994 and 2013 will save 732,000 lives while preventing 322 million cases of illness and 21 million hospitalizations over the course of the children’s lifetimes. According to the Washington Post, every $1 spent on vaccines provides $10 benefit to society.

Medical experts agree proper vaccination is extremely important. Having more people vaccinated makes it less likely that anyone in the community will get a disease, a phenomenon known as “herd immunity.” Aiming for vaccination rates higher than 90 percent can help protect the most vulnerable, especially infants who are too young to be vaccinated. Most officials think the best strategy to increase vaccination is a tireless public education campaign to dispel rumors regarding the danger of vaccines. Watch a video below aimed at educating parents:


 Resources

Primary

CDC: Measles Cases and Outbreaks

CDC: Pertussis Outbreak Trends

CDC: Benefits from Immunization During the VCP Era

CDC: Highest Number of U.S. Measles Cases Since 2000

CDC: Measles Vaccination

FDA: Thimerosal in Vaccines

Additional

USA Today: Anti-Vaccine Movement is Giving Diseases a 2nd Life

Newsweek: Anti-Vaccination Movement Strikes Out in Bible Belt States

Washington Post: How the Anti-Vaccine Movement is Endangering Lives

Time: Parents not Vaccinating Kids Contributed to Whooping Cough

Week: The Worrying Rise of the Anti-Vaccination Movement

National Vaccine Information Center: State Law and Vaccine Requirements

Washington Post: Measles Cases are Spreading, Despite High Vaccination Rates

Science: Measles Outbreak Traced to Fully Vaccinated Patient for the First Time

NCSL: Immunization Policy Issues Overview

The New York Times: Judge Upholds Policy Barring Unvaccinated Students

History of Vaccines: Cultural Perspectives on Vaccination

 

Alexandra Stembaugh
Alexandra Stembaugh graduated from the University of Notre Dame studying Economics and English. She plans to go on to law school in the future. Her interests include economic policy, criminal justice, and political dramas. Contact Alexandra at staff@LawStreetMedia.com.

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