Texas Passes Conscientious Exemption: In effect on 9/1/03
"This
vaccine exemption policy change in favor of parental rights is the result of
many years of hard work by parents with the Texas Legislature. It finally puts
Texas in line with the exemptions offered in all of our neighboring and other
border states.
At
a time when physicians and vaccine manufacturers have lobbied for further
release of liability from the harm they do, parents in Texas are grateful to
have gained control over which vaccine risks their children will take."
- Dawn Richardson, PROVE
Letter from House Speaker Tom Craddick on Immunization Law Changes
Here is the newsletter we sent out about the new laws passed.
From: PROVE
Sent: Monday, June 02, 2003 9:48 AM
Subject: [PROVE] Texas got Conscientious Exemption and Prohibition of Punitive
Action for not Immunizing
Dear PROVE Texas Members,
After 7 years of working to get a conscientious/philosophical exemption in
Texas, I would like to let you know that one was finally passed last night.
Unless the Governor vetoes the bill which contains it (it is highly unlikely
because the bill restructures Health and Human Services Agencies saving the
Texas Taxpayers over one billion dollars), Texas can now be added to the states
that have a conscientious exemption.
If accepted by the governor, the law would go into effect for September 1, 2003.
The details of how this will work with the upcoming school year and overlapping
statutes with the beginning of school will have to be worked out since most
schools in Texas start before September 1.
While the language is not what we had worked on and is far from ideal by our
standards because it actually makes it more difficult to use the exemption than
the current law (you will now have to really plan ahead and use a state created
form that can only be obtained from the health department and then have it
notarized before submitting the letter to the school), the exemption is far more
encompassing than current law as it would include anybody who wanted to use it
"for reasons of conscience, including a religious belief." We believe
this may help parents who are subjected to the current religious inquisitions
and harassment at schools and day care facilities since a signed notarized
standardized state exemption form is not subject to debate over validity by
school or day care admission like our letters are now. It is unfortunate though
that parents will have to go through the hurdle of having to make a written
request to the Health Department to obtain the form and then!
have it notarized instead of a personally drafted letter as we have now, but it
will be the law so we will all have to help spread the word before the upcoming
school year so parents can have time to plan ahead and get this done.
Fortunately though, the language does have a provision that prohibits the
Department from keeping the names of the people who request the form, although I
know many of us through our direct experiences with the Department have little
faith in them following the law. We will rely on you to report to us any
violations of this so we can bring them out in the public.
We are very excited about another provision in this same bill that prohibits a
health and human services agency (including the Health Department and Child
Protective Services) from taking punitive action against a parent for not
immunizing their child. Here the definition of punitive action includes
"the initiation of an investigation of a person responsible for a child's
care, custody, or welfare for alleged or suspected abuse, or neglect of a
child." In other words, we finally have it in law that for those of us
choosing to refuse or delay a vaccine, Child Protective Services cannot be used
as a club to coerce or scare parents. A parent's decision will have to be
respected and protected. This is an incredible acknowledgement by the state in
favor of parental rights. Educating parents about this provision in law will
give them the strength to stand up to the coercive doctors who threaten CPS if
the child is not given every shot under the sun. We believe the Harassment,
Discrimination, and Coercion report to which many of you contributed your
accounts was instrumental in getting this provision in law. Thank you to
everyone who contributed to this report. (it is posted on our web site at http://www.vaccineinfo.net/harassment/report.pdf)
I know this is just a quick summary, but we wanted to get basic information to
you about these significant changes to Texas Law. PLEASE DON'T write back asking
questions now, we are taking a break (today is the last day of what was a very
long and frustrating legislative session - more on this later!). We will keep
you updated with information as we get it. Thank you for all your calls,
letters, and support throughout all of this.
In the meantime, there are some Representatives, Senators, and staff members
that really deserve our thanks. Please take the time to send mailed thank you
cards to the following (include something personal why this will help your
family):
Representative Carl Isett and staff Robin Blanchard (extensive work on exemption
and support for prohibition on punitive action)
Representative Frank Corte and staff Kathi Seay (work on exemption and author
of amendment on prohibition on punitive action)
Representative Suzanna Hupp and staff Katherine Yoder (supportive work on
exemption and prohibition on punitive action)
Representative Arlene Wohlgemuth (author of HB 2292, bill amended with
language on expansion of exemption and prohibition on punitive action -
Representative Wolgemuth accepted these amendments as additions onto her bill)
Senator Craig Estes and staff Trey Blocker (author of amendment adding
conscientious exemption)
Senator Jane Nelson (sponsor of HB 2292, bill amended with language on
expansion of exemption and prohibition on punitive action - Senator Nelson
accepted these amendments as additions onto her bill)
House of Representatives mail can be sent to:
Name of Representative
P.O. Box 2910
Austin, TX 78768-2910
Senate mail can be sent to:
Name of Senator
P.O. Box 12068
Austin, TX 78711-2068.
Thank you!
Sincerely,
Dawn Richardson
PROVE(Parents Requesting Open Vaccine Education)
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that affect the children and adults of Texas. Our mission is to prevent vaccine
injury and death and to promote and protect the right of every person to make
informed independent vaccination decisions for themselves and their family.
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