tdap (dtap)+more vaccines in California are now required by law BUT you can still get a doctors exemption (UPDATED: 2017)

Title was: (tdap California "mandatory" vaccination for school year 2013-2014 year is NOT law, it is a clever suggestion.)
Now of course, it actually is a law in Commi-for-nia, but you can still comply with the law by getting your doctor to sign off your reason for not getting your kids vaccinated, and there are a myriad of reasons. (Until 2021)

I will update this blog with more information as I get it.  Please make comments with your experience, good or bad, whether you choose to get the vaccination for your children or not.   This blog is NOT designed to make anyone feel bad or uncomfortable about vaccinations, it is designed as an information resource.   I feel that parents should make their own decisions and be given clear options either way.   The school system makes it look like they are forcing parents to get these shots or "no school".   Your existing waiver or affidavit is still good.  In lieu of a waiver, you can write a letter to your doctor and ask them to sign it, or have them make their own written decision and you can present that to your kids school.

I am going to focus on the facts of how to properly create a letter or request for your doctor to provide an exemption for you.   The best advice I can give you, is to find a doctor that is very compliant in working with you.  If you don't have such a doctor, then immediately find another one, don't even attempt to continue working with them, they won't change their beliefs.

Please, please be very careful with the nurses, most of all.  They act as gatekeepers of all this nonsense coming from the medical mafia, medical unions, and HMO Legal team.  If necessary you will need to have the doctor sign something for you, but don't let the nurses know.

My worst experience at John Muir Medical is always related to the nurses and little gatekeeper legal people that run around like busy bees making sure the Doctors are kept in line.   This is not a rant, it actually happens.

NEWS: Go find yourself a D.O. (Doctor of Osteopathic Medicine) which has naturopathic medicine training as well.   What a great world view on life and how your medical experience should be practiced.   I found a great D.O. in Concord, CA and will happily give you a personal reference if you contact me (sean@ackind.net or 925-516-7699).   I highly recommend finding a great Chiropractor as well.
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NOTE FROM THIS BLOG
The requirements in California are so tight now, you need to get an exemption signed and submitted before 2021 BUT how about your families future? What about your kids family to be? Is it time to leave California? Soon CA will be the most disease-ridden state, with the school system beyond repair.

I recommend staying as long as you can, read these resources, find a doctor and surgeon that want to see your children. Establish relationships before 2021 and decide a plan of action very quickly.
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State Senator Richard Pan introduced Senate Bill 276 (SB 276), which will do 3 things:

1. Give sole power to grant medical exemptions to government officials. These officials will not be required to see the patient or have any medical training.
2. Restrict the awarding of medical exemptions to only those who fall within the stringent CDC guidelines. The state will have the power to revoke exemptions granted previously under SB277.
3. Create and maintain a database of all medical exemptions. Since the state health department is not a medical establishment, it will not be prohibited from disclosing this information or sharing it with other government entities.

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ANTI-PARENT LINK
You want to read the worst trash said about parents of vaccine-injured kids? Interesting enough it contains a breakdown of the new regulations in California. http://bit.ly/2P7Wftt

SB276 mandated the following:

• A complete database of California vaccine medical exemptions which will allow the state to monitor which physicians are issuing medical exemptions.

• It will require requests for medical exemptions to be approved by the State Public Health Officer, or their designee, who can refuse any exemptions that are not supported by medical science.

• It will also require that the California Department of Public Health (CDPH) annually identify schools with vaccination rates less than 95%, physicians who filed more than 5 medical exemptions per the calendar year, and schools that did not report immunization rates to the CDPH.

• The law would require a clinically-trained staff member (a physician, surgeon, or registered nurse) to review all medical exemptions that meet the above three conditions. It would pinpoint those exemptions which are either fraudulent or fails to meet guidelines for medical exemptions.

• The CDPH can also report physicians who issued fraudulent or unjustified medical exemptions to the Medical Board of California.

• SB276 requires physicians who issue medical exemptions to actually examine the child in person (yes, under SB277, medical exemptions did not require an in-person visit, one of the massive loopholes that anti-vaxxers exploited).

• It requires physicians who are not the child’s primary care physician (PCP) to notify the PCP when they sign an exemption form.

• It requires physicians to use a standardized state-issued medical exemption form that makes them to clearly state which vaccine contraindications support the child’s exemption.

•  It prevents physicians from demanding a fee for writing an exemption – however, if they see the child in person (which is now required), they may charge for an office visit.

As a result of some waffling from Governor Newsom, who indicated he would not sign SB276 without changes AFTER he had made similar demands about SB276 several months ago, Senator Pan had to sponsor SB714, which added some of the items that Newsom required before he would sign SB276.

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SB-276 Signed by Governor of California

The LAW http://bit.ly/32DkcNm
(Follow link to read the huge amount of additional requirements)

120370.
 (a) If (1)  Prior to January 1, 2021, if  the parent or guardian files with the governing authority a written statement by a licensed physician and surgeon  to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician and surgeon  does not recommend immunization, that child shall be exempt from the requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and  this chapter, except for Section 120380, and exempt from  Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician’s  physician and surgeon’s  statement.

AAPS (Does it matter now?) http://bit.ly/2qAThne

The Disappearing Medical Exemption to Vaccination

Posted: 9/17/2019 8:09:03 PM

Vaccine Exemptions Under Attack in 2019

Posted: 9/25/2019 7:57:34 PM

Freedom to Dissent and the New Blacklist in America

Posted: 7/1/2019 6:34:13 PM

The above links at nvic.org have references as well. However, references are not requires any more by California, they are just following the tyrannical agenda being laid down by radical individuals who somehow have the ear of the horrible corrupt and Communist Legislature of California.

The True Purpose of California Vaccine Bill SB276

Published

 2 months ago 

on

 September 5, 2019

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SB-277 and older information, still relevant to fighting and surviving in California

MEDICAL EXEMPTION TO REQUIRED IMMUNIZATIONS OPTIONAL FORM FOR LICENSED PHYSICIANS (MD OR DO ONLY)

SB 277 still allows for a medical exemption and defines a medical exemption as follows:

If the parent or guardian files with the governing authority a written statement by a licensed physician to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician does not recommend immunization, that child shall be exempt from the requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician's statement.

The above specifies the following, confirmed from my own HMO (John Muir):
1) a written statement by a licensed physician (that immunization is not considered safe)
2) indicating the specific nature (what the problem is)
3) and probable duration of the medical condition or circumstances
4) including, but not limited to, family medical history, for which the physician does not recommend immunization (so provide all the history the doctor can read and include)

5) The HMO is NOT required to comply with this law
6) The doctor is NOT required to sign it, nor is he required to create a rift between himself and the legal team.  i.e. putting his job at risk
7) The doctor can sign it, but it may need to go through a legal team and it will take a while
8) The best way will be to have the doctor write something up himself and sign it, in accordance with his legal team not making any demands of promises other than the exemption itself.
9) Per the above, create a full history and explanation you would like the doctor to read, and write up an exemption and sign it, and then you can take it home with you.
10) Make sure provided document is signed and dated, preferably with a stamp from the office, but once again that nurse situation is cautioned.    The doctor might do it from a computer system, so it could include all the timestamp information within the document and he can then sign it.

Thank you for contacting me today.  Here is a brief summary of what I found factual.
I believe I said a Chiropractor could sign off on the new SB-277 law, but that is only if they are also an MD or DO.   A DC title alone is not good enough for our great state now.  The whole "medical practitioner" language got deleted in the final bill.

http://osteopathichealthcareofmaine.com/osteopathy/do-vs-md-and-dc/

For the purposes of the law, in my own research, it is clear that vaccination is NOT immunization.

From a school perspective, I would recommend validating the 7-12th grade requirements, with or without a previous exemption, but make them prove each and every line they say is a requirement.  I would start by fax or e-mail, and see what happens.

ACPHD

www.acphd.org
PH (510) 267-3230 FAX (510) 268-2333
Email:Immunize@acgov.org

For instance, here is the Alameda County Official Vaccination requirements guide:

http://eziz.org/assets/docs/shotsforschool/IMM-365.pdf

It talks about requiring TDAP and 2 MMR, but the law only says that Pertussis, which is a single shot, is required for 7th-12th grade (extra requirement) as long as the previous exemptions were in place.   IMO this is typical deceptive wording in which they require these combo shots, but are not really a requirement by law.

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1) Grade levels 7-12 are inclusive, therefore if you had your exemption going into 7th grade you are exempted for all of 7-12th grades from any California school system.   Included and on my blog are all the rules one must have followed prior to 2016 to get those cumulative exemptions.

2) My blog, which has links, videos and past information (this blog)

http://blog.resisttyranny.com/2011/07/tdap-california-mandatory-vaccination.html

3) SB-277 7th grade requirements, as stated by

Contra Costa Health information

https://cchealth.org/immunization/school-requirements.php

States the following if no exemption on file:

Immunization required for 7th grade:

• Tetanus, diphtheria, and pertussis booster (Tdap)
• Measles, Mumps, and Rubella (MMR)

The SB-277 law states:

(d) The governing authority shall not unconditionally admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school unless the pupil has been fully immunized against pertussis, including all pertussis boosters appropriate for the pupil’s age.

Which means"pertussis" is the only vaccine required for 7th-12th grade admission, assuming you had all exemptions prior to now.

NOTE: If you are a new family to California or have not followed through with any Exemptions until your child is going into 7th grade, they will be required to backfill all vaccinations per SB-277 guidelines.  In all seriousness, please don't send your child to a California school in this case, or of course pursue the medical exemption.

4) SB-277 The actual law, it does exist and is not too difficult to read

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277

- For grade school admission, there is quite a long list of vaccinations required, and I weep for any parent having to deal with young kids at this age in California.  My best advice is to home school them, get an IEP and work with a local school for all benefits that may exist without classroom admittance, and pursue a medical exemption if possible.

Homeschooling Legal Defense (many great resources)

https://www.hslda.org/hs/state/CA/

- For 7th grade admission and upward, from SB-277 Pertussis is required, but I can't find requirements for anything else, assuming previous exemptions through 7th grade.

EXEMPTIONS

120370. (a) If the parent or guardian files with the governing authority a written statement by a licensed physician to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician does not recommend immunization, that child shall be exempt from the requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician’s statement.

PDF for SB-277 Final

http://www.immunizeca.org/wp-content/uploads/2015/10/Medical-Exemptions-SB277-final.pdf

Recommended Form, a physician or network can review for an exemption

http://parentsrightscalifornia.weebly.com/medicalexemption.html

DEFINITION OF "licensed physician"

In the United States, physicians (medical doctors) who practice medicine hold either the Doctor of Medicine degree (MD) or the Doctor of Osteopathic Medicine degree (DO). Other than DO medical students learning osteopathic manipulative medicine, the medical training for MDs and DOs is indistinguishable.

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Links:

NVIC which is a very good source for information as it changes

http://www.nvic.org/Vaccine-Laws/state-vaccine-requirements/california.aspx

from Chiropractors suing CA

http://www.chiropractic.org/ca-vaccination-lawsuit

Information from the "state" given to doctors about SB-277

http://familydocs.org/f/SB277FAQ.PDF

SB-277 Organization links

http://www.sb277.org

Weston A. Price 2015 Guide on getting a medical exemption, including genetic testing and other options

https://www.westonaprice.org/health-topics/vaccinations/how-to-claim-a-medical-exemption-in-ca/

http://www.westonaprice.org/health-topics/vaccination/how-to-claim-a-medical-exemption-in-ca/

How to Claim a Medical Exemption in CA
Posted on September 1, 2015 by Leslie ManookianSuggestions on How to Claim a Medical Exemption in California (Full Report) 

As you probably know, SB 277 was signed by Governor Brown in late June 2015.
IMPORTANT!!! YOU MUST FILE A PERSONAL BELIEF EXEMPTION (PBE) BEFORE YEAR-END 2015. Parents do not have to sign the PBE form if they are not comfortable with the language. Parents can attach the unsigned form to their own letter SB-277 Public health: vaccinations per SEC. 2. 120335. (b) (11) (g)

Please refer to this very useful compilation of links or this link to find physicians who understand vaccine risks. Also, remember that pediatricians are likely to be the most dogmatic regarding vaccines whereas family physicians may be less so. The physicians at the links above already respect different approaches to vaccines so may be more likely to write a medical exemption. In general, physicians likely to be most helpful are those who are qualified in functional medicine or integrative medicine. To find a functional medicine physician, use this link. To find an integrative medicine physician check this link or this link or search for “find an integrative medical doctor and search one of the other organizations. When using these lists of doctors, please note that only medical doctors (MDs and DOs) may write medical exemptions, not DCs or NDs, etc. Also, bear in mind that most pediatricians and general medical doctors do not use and may not understand the tests and suggestions below so it would be wise to work with one of the physicians at the links given.

http://www.nvic.org/Vaccine-Laws/state-vaccine-requirements/california.aspx
Quick Fact: On June 30, 2015 Governor Brown signed SB 277 and personal and religious belief exemptions will not be allowed in California, effective July 1, 2016.  However, if a parent files a letter or affidavit stating beliefs opposed to immunization prior to Jan. 1, 2016 that exemption will apply until the next grade span. For more information, please read the statute here, and register and log into NVIC's Advocacy Portal for updates. To understand options available to Californians please read NVIC’s Newsletter Article - The Fallout from California SB277: What Happens Next?

http://www.nvic.org/NVIC-Vaccine-News/August-2015/sb277-fallout-what-happens-next.aspx

What the New Law Does and Does Not Do

The new law eliminating the personal belief vaccine exemption is a significant change to current vaccine exemption law and will have a profound impact on families who have chosen to delay or decline one or more vaccines for their children and want their children to have a public or private school education. Naturally, families in California are concerned and confused about how and when the new law will affect them. To help clear up some of this confusion, following is an outline of provisions in the new law and NVIC’s perspective on best options for actions that California families can take to restore the personal belief vaccine exemption for school attendance.

To fully understand the bill, parents should read the final version of SB 277 for themselves.

In summary, here is what SB 277 does and doesn’t do:

• SB 277 removes the personal belief exemption from statute for government mandated vaccines required for children to attend elementary, middle and high school public and private schools, child care centers, day nurseries, and nursery schools.

• SB 277 applies to state mandated vaccines for diphtheria, Hib, Measles, Mumps, Pertussis, Polio, Rubella, Tetanus, Hep B (except for 7th grade and up), Varicella and “any other disease deemed appropriate by the department.”
  

• SB 277 does not require home school students or students who do not receive classroom-based instruction to be vaccinated.
  

• SB 277 does not prohibit a student who qualifies for an Individualized Educational Program from accessing any special education and related services required by his/her IEP.
  

• SB 277 does not fully go into effect until July 1, 2016.
  

• SB 277 provides for a limited grandfathering of students who submit a personal belief exemption affidavit to the school prior to January 1, 2016 to continue attending public or private school after July 1st, 2016 until they enroll in the next “grade span.” The three grade spans are defined as birth to preschool, kindergarten to sixth grade, and grades 7 through 12.
  

• SB 277 still allows for a medical exemption and defines a medical exemption as follows: “If the parent or guardian files with the governing authority a written statement by a licensed physician to the effect that the physical condition of the child is such, or medical circumstances relating to the child are such, that immunization is not considered safe, indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician does not recommend immunization, that child shall be exempt from the requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician's statement.”

GET INFORMED

National Organizations 

Vaccine Impact

National Vaccine Information Center

VaxTruth.com

Vactruth.com

Vaccine Resistance Movement (Facebook)

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!!!!WARNING!!!! EVERYTHING
UNDER HERE IS PAST YEARS
INFORMATION
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PRINTABLE RESOURCES: 

• Effects of SB 277 on California's children

• Current Vaccine Schedule with reaction indications

Posted on

June 30, 2015

by Marcella

With the passage of SB277 in California, parents of vaccine-injured children, and parents whose children have escaped vaccine-injury are understandably concerned that similar UN-Constitutional vaccine mandates will be coming to their state next.

As I wrote in my initial response after hearing of the passage of SB277, the fact that Governor Brown indicated that he signed the bill BECAUSE it provided expanded medical exemptions is important.

Posted on
June 30, 2015
by Marcella 

Today (June 30, 2015) California Governor Jerry Brown signed SB277 into law.
He signed it less than 24 hours after it hit his desk, even though he had 12 days to review before making a decision.What does that mean?It means his mind was already made up.This is no surprise. 

This morning, on Facebook, I posted the inspirational and hopeful comments of my friend Vasanth, because I wanted everyone to stay positive. I do believe in the power of prayer. I also believe in the power of truth. Given that we have truth on our side, and so many of us praying and visualizing a positive outcome, many are no doubt asking, “Why didn’t it work?” 

The answer to that question is because it’s not time yet.
Let’s think about this…

What has happened in California as a result of Richard Pan’s push for SB277? 

What has happened is that with every hearing, every testimony, every step closer to what happened today, more people woke up. More people became enlightened about what is happening to our children. More people became concerned about the government over-reach and the abusive tactics being employed to take away parental rights. 

People got involved. They stopped looking at each other as “the enemy” and they started working together to stand against a common abuser. 

California is awake...

A PORTION OF TEXT FROM SB 277

SB 277, as introduced, Pan. Public health: vaccinations.

(1) Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her admission to that institution he or she has been fully immunized against various diseases, including measles, mumps, and pertussis, subject to any specific age criteria. Existing law authorizes an exemption from those provisions for medical reasons or because of personal beliefs, if specified forms are submitted to the governing authority.

This bill would eliminate the exemption from immunization based upon personal beliefs. The bill would make conforming changes to related provisions... READ THE ENTIRE BILL HERE

AB2109 is NOT about parental choice.  It takes away parental choice by forcing us into corporate run doctors offices, and get "educated" on the wonders of vaccines.   Check out this horrific Un-American video as Dr. Pan tries to explain "its all for our good" and the "government will save you".  You must be re-educated to the views of the state.
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NOTE: AB2109 goes into affect 1/1/2014 so please get your "informed consent" from your "health practitioner" and have it on hand for 2014 when requested.  Remember that a school nurse can also sign off on this form.
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AB2109 TEXT UPDATED

Unconstitutional Vaccine Law
AB2109 Passes the CA State Assembly Health Committee-1 of 7

VIDEO LINK (1 of 7) 
INFO
Informed Parents "Vaccine Education" Binder on Google Sites

If you really want your children to be healthy, feed them good food, vitamins and minerals.

Vaccination is NOT Immunization I get my Immunition from Dr. Tim and Youngevity!

Flu Vaccine Without Mercury - SafeMinds: Don't Take The Risk #1

NVIC LINK ON CA

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Parents need to understand that if you choose NOT to get a vaccination, then it is extremely important you boost their immunity.  This requires vitamins, healthy food (including non-gmo, organic, and clean meat), exercise, a good stress-free home, and more.  The government knows that our sedentary lifestyle and poor food choices weaken our immune system and therefore we need vaccinations, which of course further to deplete our immune system overall.

Take the Youngevity Tangy Tangerine Challenge, and replenish your vitamins and minerals.

My recommendation on any vaccination if you choose to get them is to make sure your child is in fully good health, with no current issues including coughing, cold, high fever, anything.   Then, once they are healthy, make sure they are given only single shots with NO preservatives.  Most boosters, tetanus and combo shots are loaded with ingredients like preservatives, Polysorbate 80, aluminum compounds and more.

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In 2011 a new law was passed which allows minors 12 years old and older to consent to vaccines for sexually transmitted diseases without the knowledge or consent of their parents.  This includes HPV vaccine.  Cal Family Code § 6926.  Medical exemptions are also allowed.
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Executive Parental Summary
Fill out this affidavit, revoke your vaccination waiver, and replace it with this form.

Here is my personal affidavit on file with our school. [word copy] [pdf copy]
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Here is a brochure which talks about vaccines you can read.  The forms are not online yet (but I have a copy uploaded here), and the form itself says it cannot be taken home, so they are trying to hide things.  Please  read everything here completely, as I outlined the most important things, with links.

Please contact me directly (sean@ackind.net or 925-516-7699) if you can get a hold of the tdap vaccine waiver form (if you work in the school system that would be great).  On the website, it says:

"The form is designed to be completed at the school offices, where school staff can verify the signature of the parent or guardian. The form should not be sent to the student’s home for completion."

This seems like a mass-hypnosis scam, and the "educators" can take advantage of parents easier.  I want to get the form, and even a whole stack or case of them if possible.   There needs to be some parent to parent activism going here to beat this thing.

I am also attaching the generic waiver form, for California.   You can sign the waiver on the back (or separate card), you just need to print out this copy and ask for the original from the school.  They have to comply.   Also make sure you sign something which prohibits any kind of flu shot or injections, including fluoride tablets or any other indigestible unless authorized by the parents.

Here is my personal affidavit on file with our school. [word copy] [pdf copy]

AB354 new law, which does NOT require a new waiver. [backup copy]

CDPH8261 tdap waiver, and I include my suggestions for crossing out the first sentance (and inital it).

Tdap Waiver 2011 Cdph 8261 FILLABLE

63022339-Tdap-Waiver-2011-Cdph-8261-FILLABLE.pdf
(in case you don't have a scribd account)

General waiver form (and the law doesn’t require any new form either)
http://www.cdph.ca.gov/programs/immunize/documents/pm286b.pdf

Tdap booster info http://www.vaclib.org/exempt/california.htm

Instructions to schools, not the actual form
http://www.immunizeca.org/wp-content/uploads/2011/01/IMM-1038-PBE-form-instructions.pdf

What is in my vaccine, you ask?
http://www.vaccinesafety.edu/components-Tdap.htm

A really good resource for Vaccine info
http://www.whale.to/vaccines.html

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http://hsislegal.com/2011/06/ab354/

Compliance with New Law AB 354

If you homeschool in California, you have probably heard of the new HSLDA recommendations for complying with AB 354, the vaccination law that says all 7th-12th graders must show proof that they have received the Tdap (whooping cough) booster by July 1, 2011.

HSLDA and Family Protection Ministry sent email alerts and mailings out to many homeschoolers, and their recommendations are being forwarded by alarmed homeschoolers.  You can read it here.

Before everyone gets in a panic over this and loses some of their rights at the same time, let’s take a breath here and examine the facts!

Yes, California has a new vaccination law, and we all know that some people vaccinate while some don’t.  California law has not removed the option to sign a belief waiver.  On that point, one can agree with HSLDA.  The details of making sure we’re all in compliance is where the difference arises.

Unfortunately, the HSLDA recommendation does the following:

It erodes the rights of parents.

HSLDA is recommending that all homeschooling parents in California do whatever the California Department of Public Health asks.   What they should be doing is standing up for our rights by encouraging everyone to observe the law as written!   We are not obligated to comply with bureaucrats who request extra of us.  When we start allowing unauthorized requests, we basically are encouraging State employees to take the law into their own hands.

It needlessly raises the fear level of homeschoolers.

The HSLDA alert is 4 pages long, full of details that are scaring parents.  They jumped on board with the Department of Public Health by endorsing the special sticker and a special Tdap form available only through the health department.

It puts homeschoolers at risk.

The Health Department has come up with a new waiver form just for the Tdap.  Nothing in the law requires a new form, but it’s part of the frenzy to make sure that every child is vaccinated.  Instead of updating the old form and putting it online, they are requiring all schools to contact their Health Department if they need a waiver.  HSLDA is recommending that all parents who file a private school affidavit individually contact their local Health Department to request the new waiver.  What is going to happen to the thousands of families who follow this advice and basically let their local Health Department know where they live, that they are homeschoolers, and that they don’t fully vaccinate?  Will they be subject to local harassment?  It’s not a risk anyone should take.

What should you do?

It’s simple enough.  The law changed, and everyone needs to either put a copy of the proof of Dtap vaccination in their child’s files or make sure they have signed the old PM 286B waiver.

Know the Code. Here are some links so you will know the law for yourself.  Knowledge is power, and don’t let anyone take that from you.  Be informed!

Here’s the link to the new law:
AB 354, Arambula. Health: immunizations.

The new law doesn’t say a new waiver form is needed just for Tdap, nor does it say that a special sticker must be in the upper left hand corner.

Need more?  How about reading existing law about waivers?  Here is the waiver law for children and school enrollment with the important part for parents in bold.  It is in the Health and Safety Code:

120365.  Immunization of a person shall not be required for admission to a school or other institution listed in Section 120335 if the parent or guardian or adult who has assumed responsibility for his or her care and custody in the case of a minor, or the person seeking admission if an emancipated minor, files with the governing authority a letter or affidavit stating that the immunization is contrary to his or her beliefs.

However, whenever there is good cause to believe that the person has been exposed to one of the communicable diseases listed in subdivision (a) of Section 120325, that person may be temporarily excluded from the school or institution until the local health officer is satisfied that the person is no longer at risk of developing the disease.

According to the law, all you need is a letter or affidavit stating that the immunization is contrary to your belief!  You don’t need to contact the health department, and you don’t need a new form.  The current one will work.  How easy is that!   Follow the law, and nothing more.  This is the safest way to preserve our right to homeschool in California.

Here is my personal affidavit on file with our school. [word copy] [pdf copy]

The following article on AB499 defines why it so important to have an affidavit on file, and not just a waiver form.   I personally don't want to have to keep up with all the crazy waivers they throw at us.  Just fill out a single affidavit form, and be done with it!

http://www.nvic.org/Vaccine-Laws/state-vaccine-requirements/california.aspx
 
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What if my school district says there is no exemption for the new Tdap vaccine?

Suggestions:

If your school has not received the CDPH 8261 forms yet, then your county health department should be able to help.

Contact numbers are posted at:
http://www.cdph.ca.gov/programs/immunize/Pages/CaliforniaLocalHealthDepartments.aspx

See the bottom of http://www.cde.ca.gov/nr/el/le/yr11ltr0201.asp
for a letter from the CDE with contact numbers for CDPH and the CA School Nurse Consultant.

People in California who are willing to help with exemptions are posted here: http://vaclib.org/legal/stateresource.htm#c

Contact VacLib.org/VaccineTruth.net for exemption information:
http://www.vaclib.org/perl/perlmail.pl

NVIC Advocacy Portal
will have a list of individuals active with California exemption issues. Send a message asking to be put in touch with someone in your county or school district who can help with California exemptions.

http://nvicadvocacy.org/members/Members/ContactUs.aspx

Should I leave the wording of CDPH 8261 as it stands?

Note sentence 2 in the form:

"The unimmunized child and the child’s contacts at school and home are at a greater risk of becoming sick with pertussis which can be life-threatening for young infants and can cause prolonged illness at any age."

The sentence above is a belief of the CDPH but may not be the belief of the parents who sign CDPH 8261. Also, if it were true that non-vaccinated children are unimmunized and actually posed a threat to other children, then signing such a statement would be an admission of "child abuse."

At VacLib we believe several things:

Parents should sign only statements that they believe.

Parents should not sign statements that are possibly self incriminating. See here for more information.

The following appear to be opinions of CDPH: Unvaccinated = unimmunized, the Tdap booster will prevent pertussis, no other way than vaccination exists to immunize, etc.

Suggestion, pick one of the following courses of action: [This is not legal advice, but is for your convenience.]

• 1. Sign the form as is.
• 2. Or cross out sentence two in the form.
• 3. Or print above sentence two, something like this:
  I acknowledge that I have read the following two statements made by the CDPH:
  
  [This suggestion is graphically illustrated below.
• 4. You may wish to write your own affidavit. (Show the school the law, section 120365)
• 5. You may wish to consult your legal council before signing the form.

Notice the difference between that and the following, which is the personal beliefs affidavit for every other vaccine.

“I hereby request exemption of the child, named on the front, from the immunization requirements for school/child care entry because all or some immunizations are contrary to my beliefs. I understand that in case of an outbreak of any one of these diseases, the child may be temporarily excluded from attending for his/her protection." 

http://www.cdph.ca.gov/pubsforms/forms/CtrldForms/pm286b.pdf second page (back)

I would encourage California parents to cross out the second paragraph of the new form, and this wording from the 3rd paragraph: "for the protection of the child and other students"

California law does not require any specific wording on an exemption form. So parents can cross out objectionable wording on the pre-printed form, or write their own statement.

1. Here is the original exemption form (don't fill in any previous vaccines, just sign the exemption on the back of the form.
http://www.cdph.ca.gov/pubsforms/forms/CtrldForms/pm286b.pdf

2. There is an additional waiver form now (besides the usual blue card for waiver of all vaccines & TB tests) for Tdap vaccine (Tetanus/diphtheria/whooping cough) in California this year only for students going into middle or high school (7th through 12th
grades). (they give you this to sign somehow)

http://sdiz.org/documents/Sch-CC/AB354_school_law_training_12-10.pdf
Signing the back of the Blue Card is not sufficient for exempting Tdap
• Fill out form CDPH 8261 with Student information
• Form MUST be signed by parent/guardian

http://www.feat.org/LinkClick.aspx?fileticket=bSARTHpG7EE%3D&tabid=78&mid=713
and there are parts on the form that you may want to cross out (and initial that you crossed it out) and sign out - otherwise you implicate yourself as 'knowing it is dangerous to not vaccinate"

18 Reasons JUST TO SAY NO to Vaccinations
http://www.korenpublications.com/images/products/00001018.pdf

vaccine_brochure_tdap-2011-2012.docx

index: 2010-2011, 2011-2012, 2012-2013, 2013-2014, 2015, 2016-2017, 2017-2018, vaccine, vaccine waiver, ca vaccine, commifornia, tdap, mmr, measles, mumps, rubella
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