Kris Calvin, CEO AAPCA

SB 277 Passed to End Child Vaccine Exemption - Now What?

The following outline highlights important events in the next six and 12 months.

 

 

Timing

• Nothing changes until January 1, 2016. Personal Belief Exemptions (PBEs) are legal until then, and "last" 6 months.
• On January 2016, PBE language comes out of CA law. No more PBEs.
• On July 2016, the full law becomes "effective."
• Between January 1 and July 1, 2016 is a "funny window" for those unexpectedly starting or changing schools. Holding for state legal opinion.

"Grandfather" Clause

• Children with existing PBEs do NOT need to "catch up on shots" .
• Law will make "new era" for kids first starting child care/school now.
• Does not reduce existing PBEs out there. (schools wanted this amendment due to cost/hassle/upset caused by "expelling" those who might refuse to catch up.

Medical Exemption

• Fundamentally unchanged still: if in professional judgment of physician, if it is medically "unsafe" for a child to receive 1 or more vaccines.
• New language in law calls out family history as one factor that can be considered (always been true).
• Families can and will "doctor shop".

Home Schooling/Special Needs

• New law applies to public, private and charter schools.
• Only exempted schooling is home school.
• Children with special needs/Individualized Education Programs (IEP) may receive only those specialized services in the classroom setting if not vaccinated *

 

* SB 277 provides that the new law does not prohibit a student who qualifies for an IEP from accessing any special education and related services required by his or her IEP.

The statutory language creates a special exemption for students with IEPs.  For example, a student with an IEP entering the 7 ^th  grade, who does not have a medical exemption affidavit and is not fully vaccinated after July 1, 2016, cannot be excluded from any classroom instruction if the instruction is part of his or her IEP.  Thus, if that student is in a regular classroom for 90% of the school day, but in a special education classroom for the remaining 10%, the District cannot exclude the student from either classroom. An argument can be made, however that a special exemption for students with IEPs runs counter to SB 277's legislative intent in that it permits unvaccinated students to enter classrooms and place other students at risk.  Such a risk is likely heightened when students with IEPs enter a classroom with other special needs students who may have weakened immunized systems due to their own disabilities.

 

The creation of an exemption for special needs students with IEPs, however, makes sense from a legal standpoint given that federal law requires school districts to provide qualified students with IEPs and does not include any immunization exemptions.  The legislature likely included this exemption so that SB 277 does not conflict with federally mandated requirements.

 

 

Only Applies to Specific Childhood Vaccines

• "New" vaccines to prevent diseases may have PBEs (e.g, HPV)

 To access the exact SB 277 wording: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB277  

  Leadership from the four California Chapters representing District IX, and leadership from Delaware, District of Columbia, Maryland, New Jersey, Pennsylvania, and West Virginia Chapters representing District III, met in Chicago for the AAP Annual Joint District meeting. 

   The meeting, which rotates participating Districts and location annually, was organized by the National AAP. Attendees enjoyed interesting presentations from AAP President Sandra G. Hassink, MD, MS, FAAP, Executive Director/CEO Errol Alden, MD, FAAP, as well as several guest speakers. We had an opportunity to meet with AAP President-Elect Candidates Lynda M. Young, M.D., FAAP, of Worcester, Mass. and Fernando Stein, M.D., FAAP, of Houston. It was nice to get to know them better and hear their inspirational ideas to move the AAP forward.

Stuart A. Cohen, MD, FAAP - Dist. IX Chair

On right, AAPCA/District IX Chair, Stuart A. Cohen, MD, FAAP, introduces AAP Executive Director/CEO Errol Alden, MD, FAAP.

Pictured above, Dr. Alden receives a standing ovation in appreciation for his lifetime dedication to the Academy.

CA Chapter 2 Receives "Chapter of Excellence" Award

(Pictured below) During the Reception and Awards Dinner, AAP Executive Director/CEO Errol R. Alden, MD, FAAP, observes as AAPCA Co-Chair, Yasuko Fukuda, MD, FAAP, (in her best Katy Perry outfit) presented the Chapter of Excellence Award to AAP-CA2 leadership in recognition for a year of exceptional accomplishments.

From left: Treasurer Alice Kuo, MD, PhD, Med, FAAP; Executive Director Tomás Torices, MD; Vice President Ed Curry, MD, FAAP; and President Paula Whiteman, MD, FACEP, FAAP. This was the last Joint District Meeting for Dr. Alden before his announced "step-down" at the end of July, 2015.

 

(Right) AAP-CA2 Treasurer, Alice Kuo, MD, PhD, Med, FAAP, presented the topic "Examining The Social Determinants of Health". Upon outlining the current state of child health in the US, some facts included the following:

• Almost a quarter of all children live in poverty
• 16 million do not have consistent access to food
• 1/3 are overweight or obese
• Almost 20% have a mental health condition
• 10 million have asthma. 

Dr. Kuo's presentation slides may be accessed by following this link, within the My AAP site (user and password required) https://www.aap.org/en-us/my-aap/Documents/chapters_districts_d3.9_kuo.pdf

Night On The Town

Following three days of intense conferences, representatives from AAP National and the four California chapters spent an evening at the Navy Pier on the Chicago shoreline of Lake Michigan: Dinner, Fireworks, and spectacular city views.

Pictured below, from left (Back) Co-Chair District IX SGA Bill Mason, MD, MPH, FAAP; CA2 Executive Director Tomás Torices, MD; and AAP National President Sandra G. Hassink, MD, MS, FAAP.

(Front) CA-3 Vice President Patricia Cantrell, MD, FAAP; CA-4 President Dean Jacobs, MD, FAAP; CA-3 President Wendy Wright, MD, FAAP; CA-2 President Paula Whiteman, MD, FACEP, FAAP; and CA-1 President Zoey Goore, MD, MPH, FAAP.

On right, District IX Vice-Chair, Yasuko Fukuda, MD, FAAP joins the group as they pose with the iconic and colorful "letters and numbers" sculpture on the Navy Pier. 

The sculpture, by artist John Adduci, spells out "WBEZ 91.5 FM" the Chicago Public Radio Station.