Wanting to crack down on what he calls fraudulent doctors, a California legislator introduced a bill that would take the power to approve medical exemptions away from doctors and grant it to other health professionals.

Sen. Richard Pan (D-Sacramento) introduced SB 276 at a Sacramento news conference Tuesday. Pan, a pediatrician, says the bill would combat doctors fraudulently writing medical exemptions for children so they can attend schools.

Photo of Sen. Richard Pan speaking to lawmakers in Sacramento

“We are joined here today to defend our right to save schools for all children and our freedom to go about our community without being infected by its serious disease.”Sen. Richard Pan

California law requires vaccinations for things like chicken pox and measles for attending schools. Current law allows doctors the latitude to write exemptions.

Pan likened his new law to rights espoused by the Founding Fathers.

“We are joined here today to defend our right to save schools for all children and our freedom to go about our community without being infected by its serious disease,” Pan said.

The bill would require the state Public Health Department to create a standardized medical exemption request form for doctors and surgeons who examine children. It would allow the health department to approve or deny the decision made by the doctor based on the Centers for Disease Control and Prevention standards.

The bill also requires the health department to maintain a database of approved exemption requests, accessible by local health officials. Under existing law, exemption information is only filed with school districts.

Cracking Down on Fraud

The proposed law expands upon legislation Pan authored in 2015, SB 277. That law removed the personal belief exemption. Since then, medical exemption rates have increased from 0.2% to 0.7%, according to the state Department of Health.

Pan accused some doctors who provide medical exemptions of risking public health to pad their profits.

“Unfortunately, a few unethical physicians advertise medical exemptions for cash,” he said. “These physicians were often not even trained in pediatric or family medicine and were not providing ongoing care for these children. Instead, they were monetizing their medical license.”

Pan said that his bill would also allow local public health departments to have more information.

“Science proves vaccines are safe and effective. Low vaccination rates continue to lead to outbreaks of preventable diseases,” he said.

Prior Pan Bill Removed Personal Belief Exemption

Pan appears particularly focused on tightening vaccine requirements. Before SB 277, parents could claim an exemption without a medical exam based on personal or religious belief. The exemption also required a signed statement from a health care provider attesting that the parent or guardian was aware of the risk of not being vaccinated.

The bill stripped that right.

At his news conference, though, Pan insisted that vaccines aren’t mandatory.

“277 does not compel anyone to have to vaccinate their children. It just gives people options to be sure to keep our schools safe,” he said. Pan implied that parents can still homeschool children without vaccination requirements.

Focus on vaccine exemptions came to light recently with reported cases in Washington. In 2015, multiple cases emanating out of Disneyland inspired SB 277.

“Parents demanded action, and state government responded,” Pan said of SB 277.

Since it took effect, Pan said, vaccination rates increased past 95%, which is considered herd immunity. At that vaccination rate of the population, those who are unable to receive vaccinations (such as cancer patients) would still be protected because everyone else is vaccinated.

Support of Medical Community

Dr. Eric Ball, president of the Orange County chapter of the American Academy of Pediatrics, spoke at Pan’s news conference. He talked to GV Wire afterward.

“We are seeing vaccination rates slip again, and it’s mainly due to physicians selling what I’d call bogus medical exemptions.”SB 276 supporter Dr. Eric Ball

“We are seeing vaccination rates slip again, and it’s mainly due to physicians selling what I’d call bogus medical exemptions,” Ball said. “Some (physicians) are gaming the system.”

Ball says he’s seen evidence of the alleged bogus exemptions by talking to patients from his own practice. Both Ball and Pan say they’ve found websites where providers will sign exemptions for a fee.

Ball is OK with legitimate medical exemptions, or an exemption for children who retain immunity from prior vaccinations and would not need another round or booster shots. Tests, like titers, can reveal such immunity. It is unclear if Pan’s new law would allow for such exemptions.

Opponents: SB 276 at What Price?

“Forcing physicians to violate their professional judgment and their conscience is a form of state-sponsored tyranny that should not be part of public health law in any state.”SB 276 opponent Barbara Loe Fisher

Barbara Loe Fisher, the president and co-founder of the National Vaccine Information Center, opposes Pan’s legislation.

“Under narrow federal vaccine guidelines, almost no health condition qualifies for a medical exemption. Since there is no longer a personal belief exemption allowed for children to attend school in California, the bill will pave the way for state health officials seeking a 100 percent vaccination rate to achieve that goal, but at what price?” Fisher told GV Wire via email.

She also expressed concern about government overreach.

“Forcing physicians to violate their professional judgment and their conscience is a form of state-sponsored tyranny that should not be part of public health law in any state,” Fisher said.

Effects at Fresno Unified

In the city’s largest school district, about 500 Fresno Unified students have medical exemptions, —less than 1% of the approximately 74,000 who attend.

Jane Banks, the district’s director of health, likes parts of SB 276 but wonders about its practical effects.

“It would be good to have that standardized form,” Banks said. She said that could reduce reaching out to doctors in case some information about an exemption is omitted.

However, Banks said that doctors are best at determining whether a medical exemption is warranted.

“They are medical experts,” Banks said. “They would be the ones to make that decision based on the student’s condition. I think it is fair to say providers should make that call,” Banks said.

Banks isn’t sure how SB 276 might change the district’s exemption rate. She estimated that 99% of the district is vaccinated.

Explosive Issue

Since the Washington measles episode, the spotlight again is on the divide between those who support vaccination and those who question its safety.

U.S. Rep. Adam Schiff (D-Burbank) wrote a letter to Amazon, expressing concern about the online retailer selling products that “discourage parents from vaccinating their children, a direct threat to public health.”

Pan wrote a similar letter to U.S. Surgeon General Jerome Adams.

Facebook responded by placing limits on how vaccine questioning groups can communicate with others. Amazon blocked access to certain documentaries, such as “Vaxxed,” that questioned vaccine safety.

Pan also bemoaned reports of doctors being attacked on social media and physician rating websites because of their views on vaccines.

“They are trying to silence … they are engaging in harassment, hate, and suppression of speech by people who actually want to try and protect children,” Pan said.

Bill Future

The bill heads to the Senate Rules Committee to decide which other committees will vet the bill. Four years ago, the Heath, Education and Judiciary Committee heard SB 277.

It will likely be heard in the Senate Health Committee. One Valley legislator, Sen. Melissa Hurtado (D-Sanger), serves on that committee.

No committee dates are set.

Already, Facebook groups are gearing up. Parents United 4 Kids is asking its members to call senators and urge them to oppose the bill.

Watch Pan’s News Conference

6 Responses

  1. Joseph Herzog

    It is crucial that the health and well being of FUSD students be protected. ONE infected student can cause serious health problems for large numbers of students, some with existing health problems can be put at life threatening risk. Vaccinations are incredibly safe in this day and age and the value outweighs the profoundly minimal risk. Doctors know this and should stop bending to the will of the anti-vaxxers. This is a matter of public health and the common good, and has to be taken seriously.

    Reply
    • TM

      Vaccines are like any other medicine–they have risks and benefits, but they are NOT incredibly safe. They are, according to the Supreme Court, unavoidably unsafe. The continued denial of vaccine risks puts every child at increased risk because no one is charged with asking how to make them safer, whether there is a safer schedule, or what tests can and should be done before giving a vaccine to prevent injuries. This party line, Joseph, throws kids under the bus for no benefit, and parents are waking up to this fact.

      As for Pan, he is lying. There is no epidemic of falsified medical exemptions. He and the medical board have made it very clear that they will intimidate anyone who gives out medical exemptions, and now most doctors are unwilling to them even when they know they are necessary. They don’t want to risk their livelihood and their medical licenses to be thrown under the bus by the callous medical board trying to implement 100% vaccination rates.

      The few remaining doctors willing to stand in the line of fire to protect children know very well that they will have to defend each of their medical exemptions, and they are very careful about who they give them to. The fact that these doctors are giving the majority of the exemptions is simply the result of all the vaccine injured families seeking them out because no one else will help.

      Reply
      • James Lyons-Weiler, PhD

        Pan also lied to get SB277 passed – he lied directly to his colleague who asked him if vaccines contained anything from aborted fetal cells. It’s on video and he should be sanctioned by his colleagues for lying with FALSE CLAIMS to get a commercial product mandated.

  2. Parent

    IF VACCINES ARE SAFE AND EFFECTIVE WHY ARE YOU WORRIED ABOUT YOUR VACCINATED CHILD BEING AROUND AN UNVACCINATED CHILD, AND WHY DO CHILDREN DIE FROM VACCCINCES? GOVT OVERREACH!

    Reply
  3. Hi

    ALL OF THESE STUDIES ARE PUBLISHED, LEGITIMATE STUDIES ON PUBMED which is a government database.

    Vaccines and Autism

    http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3878266/
    http://www.ncbi.nlm.nih.gov/pubmed/21623535
    http://www.ncbi.nlm.nih.gov/pubmed/25377033
    http://www.ncbi.nlm.nih.gov/pubmed/24995277
    http://www.ncbi.nlm.nih.gov/pubmed/12145534
    http://www.ncbi.nlm.nih.gov/pubmed/21058170
    http://www.ncbi.nlm.nih.gov/pubmed/22099159
    http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3364648/
    http://www.ncbi.nlm.nih.gov/pubmed/17454560
    http://www.ncbi.nlm.nih.gov/pubmed/19106436
    http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3774468/
    http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3697751/
    http://www.ncbi.nlm.nih.gov/pubmed/21299355
    http://www.ncbi.nlm.nih.gov/pubmed/21907498
    http://www.ncbi.nlm.nih.gov/pubmed/11339848
    http://www.ncbi.nlm.nih.gov/pubmed/17674242
    http://www.ncbi.nlm.nih.gov/pubmed/21993250
    http://www.ncbi.nlm.nih.gov/pubmed/15780490
    http://www.ncbi.nlm.nih.gov/pubmed/12933322
    http://www.ncbi.nlm.nih.gov/pubmed/16870260
    http://www.ncbi.nlm.nih.gov/pubmed/19043938
    http://www.ncbi.nlm.nih.gov/pubmed/12142947
    http://www.ncbi.nlm.nih.gov/pubmed/24675092

    Causal relationship between vaccine induced immunity and autism

    http://www.ncbi.nlm.nih.gov/pubmed/12849883

    Subtle DNA changes and the overuse of vaccines in autism
    http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3364648/

    Vaccine and Autism- a New Scientific Review
    http://www.cbsnews.com/news/vaccines-and-autism-a-new-scientific-review/

    Summary of previous Journal of Immunology
    http://danmurphydc.com/wordpress/wp-content/uploads/2011/01/AR-10-12-rata-AUTISM-VACCINE.pdf

    Autism and Resulting Medical Conditions:
    http://www.tacanow.org/wp-content/uploads/2011/09/autism-studies-april-2008.pdf

    Mercury toxic encephalopathy manifesting with clinical symptoms of regressive autistic disorders. http://www.ncbi.nlm.nih.gov/pubmed/17454560

    Relation of mercury to high autism rates in boys
    http://www.ncbi.nlm.nih.gov/pubmed/16264412

    Elevated levels of measles in children with Autism
    http://www.ncbi.nlm.nih.gov/pubmed/12849883

    Abnormal MMR antibodies in children with autism
    http://www.ncbi.nlm.nih.gov/pubmed/12145534

    Tylenol, MMR and Autism – A parent survey study
    http://www.ncbi.nlm.nih.gov/pubmed/18445737

    A Positive Association found between Autism Prevalence and Childhood Vaccination
    http://www.ingentaconnect.com/content/tandf/uteh/2011/00000074/00000014/art00002?token=004c170388ee06a6e5865462431636f5720415d23763c247b5e4e26634a492f2530332976261

    Peer reviewed study on fetal cell contamination with retro virus associated with autism and cancer
    http://www.globalresearch.ca/new-study-in-journal-of-public-health-finds-autism-and-cancer-related-to-human-fetal-dna-in-vaccines/5402912

    Study documentation- Dr Deisher
    http://www.ms.academicjournals.org/article/article1409245960_Deisher%20et%20al.pdf

    Autism and mercury poisoning
    http://www.ncbi.nlm.nih.gov/pubmed/11339848

    Hypothesis: conjugate vaccines may predispose children to autism spectrum disorders
    http://www.ncbi.nlm.nih.gov/pubmed/21993250

    Rise in autism coincides with rise in vaccines
    http://www.ncbi.nlm.nih.gov/pubmed/21623535

    A two-phase study evaluating the relationship between Thimerosal-containing vaccine administration and the risk for an autism spectrum disorder diagnosis in the United States
    http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3878266/

    Elevated levels of measles antibodies in children with autism. – PubMed – NCBI
    Pediatr Neurol. 2003 Apr;28(4):292-4. Research Support, Non-U.S. Gov’t
    http://www.ncbi.nlm.nih.gov

    ••••••••••••••••
    A study published in the Journal of Biomedical Sciences determined that the autoimmunity to the central nervous system may play a causal role in autism. Researchers discovered that because many autistic children harbour elevated levels of measles antibodies, they should conduct a serological study of measles-mumps-rubella (MMR) and myelin basic protein (MBP) autoantibodies. They used serum samples of 125 autistic children and 92 controlled children. Their analysis showed a significant increase in the level of MMR antibodies in autistic children. The study concludes that the autistic children had an inappropriate or abnormal antibody response to MMR. The study determined that autism could be a result from an atypical measles infection that produces neurological symptoms in some children. The source of this virus could be a variant of MV, or it could be the MMR vaccine.

    http://www.ncbi.nlm.nih.gov/pubmed/12145534

    •••••••••••••••••••

    IMPORTANT-
    Package inserts:
    http://www.immunize.org/fda/

    Ingredients:
    https://www.cdc.gov/vaccines/pubs/pinkbook/downloads/appendices/b/excipient-table-2.pdf

    Supreme Court declares vaccines unavoidably unsafe:
    https://www.supremecourt.gov/opinions/10pdf/09-152.pdf

    National Childhood Vaccine Injury Act legislation (renders manufactures 100% of

    Reply
  4. Barbara

    Ok Pan, how much is Big Pharma paying you for this for SB277. Your pockets have been lined with Big Pharma money for years. if this bill passes, then the lives of all the innocent children who die or are injured by the poisonous vaccines will be on your shoulders.

    Reply

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