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Idaho Department of Health and Welfare (IDHW)’s
proposed changes to rules governing immunization requirements 01_26_2005

January 26, 2005

RE: Idaho Department of Health and Welfare (IDHW)’s proposed changes to rules governing immunization requirements for clients attending Idaho licensed daycares and children attending school. 

Dear Idaho Legislator:

The proposed rule changes, authorized under IDAPA 5221 (I.C. 67-5221), have me deeply concerned. A hearing of these proposed rule changes was held Monday, January 24, 2005, at 3:30 PM by Rep. Loertscher’s special subcommittee of the Idaho House Health and Welfare Committee.

The proposed rule changes would require licensed daycare attendees to receive a 2nd MMR vaccination and children attending schools would be required to receive a 5th DTaP vaccine. The proposed rule changes would be adopted on the recommendation of the Idaho Medical Association which relies solely on the Advisory Committee on Immunization Practices (ACIP) at the Centers for Disease Control and Prevention (CDC). My concerns are as follows:

  •    The proposed rules were not available via the Internet where Idaho citizens could access these proposed rules for further scrutiny and comment.

  •    There is no basic safety protocol in place for currently licensed and mandated vaccines. For instance, the ACIP recommends Hep B vaccine for newborns despite the fact that newborns have immature immune and nervous systems and are the least likely age group to contract a sexually or intravenously transmitted disease.

  •    We do not know the scientific basis for the current vaccine schedule. DTaP is administered at 2 months, 4 months, 6 months, 15-18 months, and now, the proposed REQUIREMENT at four years. Proof that all five DTaP shots have been administered would be required before a child is allowed to attend kindergarten. How long does "immunity last"? Only two months? Why are we inundating an under-developed immune system with three doses of DTaP vaccine containing such adjuvants/preservatives as thimerosal (ethyl mercury), formaldehyde, aluminum hydroxide, aluminum phosphate, and polysorbate 80?  

  •       Regarding the lack of vaccine safety protocols, Voices of Safety International (VOSI), a private standards-writing organization recognized by the National Institutes for Standards and Technology, has developed basic public health and safety standards for everything from cellular phone use in moving vehicles to slip and fall standards designed to measure the slip-resistance of walkway materials and coatings. When VOSI Director Don Meserlian discovered that the CDC and ACIP do not enforce basic safety standards for vaccines, he directed VOSI to draft them. Unfortunately, the CDC and ACIP have resisted adopting any safety standards whatsoever for vaccines.

  •    In the absence of federally-enforced vaccine safety standards, the Vaccine Injury Compensation Act (VICA) has paid out over $1 billion to the parents of vaccine injured children. Most of these settlements for vaccine injuries were paid out as a result of damages from triple antigen vaccines such as the DTaP and the MMR vaccines—and these damages occurred before adding a 2nd MMR and 5th DTaP to the ACIP-recommended vaccine schedule.

  •    Under 102 - Evidence of Immunization - it states very clearly that, under the proposed rule changes, exemptions to state required immunizations must be obtained upon admission to the school (or daycare). This is in direct violation of Idaho Code 39-4804. Administrative rules must be in harmony with state code. A verbatim wording of this statute is attached. 

  •    Through IDAPA, it appears that the IDHW has assumed lawmaking authority regarding promulgation of administrative rules relating to public health. Does IDHW have the authority to propose and adopt IDAPA rules allowing it to arbitrarily mandate increases in vaccine requirements for attendance in public schools or daycares without being required to provide basic scientific efficacy or safety studies?

I provided Representative Bill Sali with a packet of information intended to illuminate basic questions that need to be raised before allowing IDHW to adopt its proposed rule. The packet contains documentation, including medical journal articles, that raises serious issues regarding the safety of both DTaP and MMR vaccines. As of this writing, I do not know whether Rep. Loertscher’s special subcommittee approved the proposed rule change or if it will be subject to additional parliamentary proceedings.

In summary, a medical procedure that carries the risk of permanent injury or death should not be a requirement for public education in this state. In light of this recent assault on the rights of parents to choose medications that are most appropriate for their children, revisiting I.C. 39-4804 is not only necessary, but proof that the IDHW proposed rule, if adopted, would be in direct violation of current Idaho statutes.

Ingri Cassel * P.O. Box 457 * Spirit Lake, Idaho 83869 * 208-255-2307


VACCINATION EXEMPTION PURSUANT TO

IDAHO STATUTE I.C. § 39-4804

         

          I.C. § 39-4804 is entitled “Notification to parent or guardian”:

            Before an immunization is administered to any child in this state, the parent or guardian of the child shall be notified that:

(1)    Immunizations are not mandatory and may be refused on religious or other grounds;

(2)    Participation in the immunization registry is voluntary;

(3)  The parent or guardian is entitled to an accurate explanation of the

       complications known to follow such immunization.

 

The term OR OTHER GROUNDS means that you as an individual or parent have the right to choose whether or not to vaccinate your child. The statute does not require you to disclose what other grounds your refusal to immunization is. As with any medical decision, the decision to vaccinate or not is a right of the individual or parent. The State of Idaho, your doctor and public health employees cannot force you or your child to be vaccinated. Your child cannot be excluded from a school or public program because you have exercised your right to not vaccinate.


 

VACCINE EXEMPTION FORM

 

I,____________________________, as the parent, guardian or person in

                      (insert your name)

loco parentis of the child __________________________ after considering the

                                                  (insert child’s name)

risks and benefits of the vaccine(s) do hereby decide not to vaccinate my child with

the following vaccines:     

         


    __ Diphtheria                    __ Measles                             __ Other

    __ Tetanus                        __ Mumps

    __ Pertussis                       __ Rubella

    __ Polio                             __ Haemophilus influenzae type b

    __ Hepatitis B                   __ Varicella

    __ Smallpox                      __ Anthrax

 

This is pursuant to my right to refuse vaccination on the statutory grounds of “other grounds”.  Pursuant to the statute I am providing a copy of the statement to the child’s school administrator or operator of the group program pursuant to I.C. § 39-4804. 

 

Date:    ____________________                 __________________________________

                                                                      Parent/Guardian or Person in loco parentis


Making Informed Decisions

      Your decision to vaccinate or not should be an informed decision. Vaccines can cause severe injuries such as seizures, death, anaphylaxis, brain damage and other reactions. The type and severity of reactions may vary from vaccine to vaccine and child to child. The effects of a vaccine injury may be temporary or permanent. If you notice any changes in your child’s condition after receiving a vaccine, you should contact your doctor immediately or go to a hospital. Vaccines have never been proven to be safe or effective and your child may contract the disease even if he is vaccinated. What has been proven is that you can get the disease from the vaccine or from coming into contact with a recently vaccinated person. The polio vaccine is just one example. It is a known fact that most healthcare providers do not fully inform patients of the side effects a vaccine can have on the body, brain and immune system. Because of the highly toxic ingredients all vaccines contain, you should thoroughly research vaccines for yourself before making such an important decision. DO NOT allow someone else, even your healthcare provider, scare or force you into making this decision without being fully informed. Many healthcare providers have not researched vaccine history or toxicology and are not fully informed.

          Always provide a detailed history of your child’s health to your doctor. Make sure they know of allergies, neurological problems, nutritional deficiencies, any immune system disorder and skin diseases such as eczema. Most physicians and nurses do not warn parents that if their child’s health is compromised in any way, such as having a common cold or previous reaction to a vaccine, they should not receive vaccines.

Benefits of Non-Vaccination

      When you choose to not vaccinate your child, you have the responsibility to educate yourself on how to maintain the well-being of not only their body but also their mind and spirit as well. Childhood diseases can result in minor symptoms to severe complication or death depending on the child’s immune system and treatment protocols followed. The stronger the immune system, the less severe are the symptoms of the disease. A child that goes through the full expression of the disease (i.e. fever and skin eruptions, without suppressing any of these symptoms) usually acquires immunity from that disease for life. Good nutrition and cleanliness play a major role. The risk of contracting various diseases can vary over time or locality. Symptoms or complications of these diseases may be treatable by alternative methods or may resolve without treatment. Educate yourself on childhood diseases from informed alternative sources. Fear of these diseases comes from not being properly informed.

For More Information

    To make a truly informed decision there are numerous sources of information on the risks of vaccines and the risks and benefits of childhood diseases. Sources of information to determine if the risks associated with vaccines outweigh any perceived benefits include: vaccine package inserts, the Physicians Desk Reference, the U.S. Center for Disease Control and Prevention, public and medical libraries or state and local health agencies. (NOTE: These sources do not give complete and total information on vaccine ingredients and their toxicity, nor do they provide accurate statistics.)

Vaccination Liberation — www.vaclib.org  or 407-672-6144 

National Vaccine Information Center — www.909shot.com or (800) 909-SHOT / (703) 938-0324

(NOTE: The two websites above, Vaccination Liberation and the National Vaccine Information Center, have proven to be excellent sources for extensive vaccine information.)

Reporting Reactions

   If you do decide to vaccinate, report vaccine reactions to the Vaccine Adverse Event Reporting System (800) 822-7969. Always get the vaccine name, vaccine manufacturer and lot number. Keep records of day to day reactions from the time of vaccination for at least 6 months to 2 years, no matter how slight the reactions. Long-term effects of vaccines have not been well documented by the allopathic community and are just now being researched. If your child has been injured by a vaccine, he may be eligible for compensation under the National Vaccine Injury Compensation Program.

Revised 2/04             Source: Vaccination Liberation, P.O. Box 457, Spirit Lake, ID 83869

This form may be reproduced


If you desire the above letter or above two page exemption form in MicroSoft (Word 97) .DOC file format:

Download: letter_to_legislature_012605.doc

Download: idaho_exemption_form_012605.doc


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