Measles, Movements and Medical Exemptions: How California Learned to Lead the Way
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School Vaccination Requirements in the Commonwealth
School Vaccination Requirements in the Commonwealth Joint Commission on Health Care Healthy Living / Health Services Subcommittee Meeting August 3, 2016 Stephen Weiss Senior Health Policy Analyst Study Background • HB 1342 (Delegates Filler-Corn and Stolle) was introduced during the 2016 General Assembly session. As written the bill amended § 32.1-46 by striking subsections D.1. and D.2. removing religious and medical exemptions and by adding “if the vaccine is medically contraindicated” as the only exemption. • HB 1342 was stricken by the patron. • Delegates Filler-Corn and Stolle requested that the JCHC study the requirements surrounding school vaccinations and make recommendations as to whether non-medical exemptions should be tightened for children attending public schools, private schools, child care centers, nursery schools and family day care home or developmental centers. • The request asked the Commission include the following information in its study: How the inoculation serum is discovered, What do the different states require, and their laws, developed and marketed – the science behind related to vaccinations for children entering public the making of a vaccine; schools and private schools; What is “vaccine efficacy” and how accurate is What is required for passports in order to travel to other it in terms of effectiveness; countries; What childhood illnesses are making a Is there a scientific reason why people oppose comeback due to public attitudes toward vaccinations; immunization and where is this occurring in Is there a medical reason why people oppose the country; vaccinations; How do vaccinations get on the CDC What religions traditionally oppose vaccinations; recommended schedule lists; Do the risks scientifically outweigh the rewards of vaccination? 2 Additional Questions to Consider • During the May 26, 2016 meeting of the Joint Commission on Health Care Delegate Bulova asked the Commission to consider 17 additional questions submitted to him by Barbara Caceres. -
The Hall Center for Law & Health Virtual Grand Rounds Summer Series
Welcome to the Hall Center for Law & Health Virtual Grand Rounds Summer Series June 25, 2020 Professor Nicolas P. Terry, LL.M. Director Hall Center for Law & Health Brittany Kelly, J.D., M.S.W., L.S.W. Associate Director Follow us on Instagram and Twitter @iuhealthlaw Hall Center for Law & Health In order to get CLE credit, we must be able to monitor your participation throughout the duration of today’s lecture. A recording of today’s lecture as well as presentation slides will be posted on the Hall Center Website. • No Call-Ins • Please make sure you are NOT joining us over the phone by calling in. Please tune in via computer or the Zoom App on your phone. • Three Polls • To monitor engagement, there will be three polls administered. Our speaker will alert you when it is time for a poll. The poll will pop up on your screen. You are not being graded on your answer, but rather whether or not you respond. Each poll will stay up for 2 minutes, so please do not miss your chance to answer. • Q&A for Speaker Questions • On the bottom of your screens, you should see the Q&A feature. You can use that to pose questions to our speaker. If you see that someone has asked a question that you are interested in, signify that to us by using the “upvote” feature. At the end of the lecture, our speaker will reserve 10 minutes to answer questions posted there. Please do not use the chat room to post questions for the speaker. -
How Congress Can Help Raise Vaccine Rates
Notre Dame Law Review Reflection Volume 96 Issue 1 Article 3 10-23-2020 How Congress Can Help Raise Vaccine Rates Dorit Rubinstein Reiss Professor of Law, James Edgar Hervey Chair in Litigation, University of California-Hastings College of Law Y. Tony Yang Professor and Executive Director, Center for Health Policy and Media Engagement, George Washington University Follow this and additional works at: https://scholarship.law.nd.edu/ndlr_online Part of the Health Law and Policy Commons, Legislation Commons, and the Science and Technology Law Commons Recommended Citation 96 Notre Dame L. Rev. Reflection 42 (2020) This Essay is brought to you for free and open access by the Notre Dame Law Review at NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review Reflection by an authorized editor of NDLScholarship. For more information, please contact [email protected]. HOW CONGRESS CAN HELP RAISE VACCINE RATES Dorit Rubinstein Reiss & Y. Tony Yang* 2019 saw an unusually high number of measles cases, and other preventable disease outbreaks, at least in part linked to vaccines refusal. States are considering legislative responses. This Essay examines what role the federal government can fill in increasing vaccines rates. The Essay suggests that the federal government has an important role to fill in funding research, coordination, and local efforts. It also suggests that a federal school vaccine mandate is likely not the solution: first, such mandates can run into plausible constitutional challenges, and second, there are policy arguments against it. The policy contentions include the unfairness of imposing a mandate before solving access problems throughout the country, the risk of a federal mandate that is weaker or stronger than the state requirement, and the risk that a conditional mandate will lead to states losing funding needed to prevent outbreak, ending with the ironic result of more outbreaks as a result of such a law. -
Legal Approaches to Promoting Parental Compliance with Childhood Immunization Recommendations Lois A
University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2018 Legal Approaches to Promoting Parental Compliance with Childhood Immunization Recommendations Lois A. Weithorn UC Hastings College of the Law, [email protected] Dorit Rubinstein Reiss UC Hastings College of the Law Follow this and additional works at: https://repository.uchastings.edu/faculty_scholarship Recommended Citation Lois A. Weithorn and Dorit Rubinstein Reiss, Legal Approaches to Promoting Parental Compliance with Childhood Immunization Recommendations, 14 Hum. Vaccines & Immunotherapeutics 1610 (2018). Available at: https://repository.uchastings.edu/faculty_scholarship/1672 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. HUMAN VACCINES & IMMUNOTHERAPEUTICS 2018, VOL. 14, NO. 7, 1610–1617 https://doi.org/10.1080/21645515.2018.1423929 REVIEW Legal approaches to promoting parental compliance with childhood immunization recommendations Lois A. Weithorn and Dorit Rubinstein Reiss UC Hastings College of Law, San Francisco, CA, USA ABSTRACT ARTICLE HISTORY Rates of vaccine-preventable diseases have increased in the United States in recent years, largely due to Received 26 September 2017 parental refusals of recommended childhood immunizations. Empirical studies have demonstrated a Revised 7 December 2017 relationship between nonvaccination rates and permissive state vaccine exemption policies, indicating Accepted 30 December 2017 that legal reforms may promote higher immunization rates. This article reviews relevant data and KEYWORDS considers the legal landscape. It analyzes federal and state Constitutional law, concluding that religious constitutional law; legal and personal belief exemptions to school-entry vaccine mandates are not constitutionally required. -
State and Federal Authority to Mandate COVID-19 Vaccination
State and Federal Authority to Mandate COVID-19 Vaccination April 2, 2021 Congressional Research Service https://crsreports.congress.gov R46745 SUMMARY R46745 State and Federal Authority to Mandate April 2, 2021 COVID-19 Vaccination Wen W. Shen The Coronavirus Disease 2019 (COVID-19) vaccines recently authorized by the U.S. Food and Legislative Attorney Drug Administration (FDA) are a critical tool to address the pandemic. After determining that these vaccines meet the applicable statutory standards and the Agency’s specific safety and efficacy standards, FDA issued Emergency Use Authorizations (EUAs) under Section 564 of the Federal Food, Drug, and Cosmetic Act (FD&C Act). In particular, data supporting the EUA requests show that the vaccines are effective at preventing symptomatic COVID-19 in vaccinated individuals. Given this data, many public health experts believe that promoting COVID-19 vaccination—along with continued engagement in community mitigation activities that prevent transmission, such as mask wearing and social distancing—should be a key component of the United States’ pandemic response. One available legal tool for increasing vaccination rates is for governments to require vaccination. Under the United States’ federalist system, states and the federal government share regulatory authority over public health matters, with states traditionally exercising the bulk of the authority in this area pursuant to their general police power. This power authorizes states, within constitutional limits, to enact laws “to provide for the public health, safety, and morals” of the states’ inhabitants. In contrast to this general power, the federal government’s powers are confined to those enumerated in the Constitution. This report provides an overview of state and federal authority to mandate vaccination. -
Measles and Misrepresentation in Minnesota: Can There Be Liability for Anti-Vaccine Misinformation That Causes Bodily Harm?
POST REISS-DIAMOND PAGES (2).DOCX (DO NOT DELETE) 9/25/2019 3:02 PM Measles and Misrepresentation in Minnesota: Can There Be Liability for Anti-Vaccine Misinformation That Causes Bodily Harm? DORIT RUBINSTEIN REISS* JOHN DIAMOND**† TABLE OF CONTENTS I. INTRODUCTION ........................................................................................ 532 II. NEGLIGENT MISREPRESENTATION RISKING PHYSICAL HARM ...................534 A. Duty of Care and Misrepresentation..............................................535 B. The First Amendment and Misrepresentation ................................539 C. Negligent Misrepresentation ..........................................................541 D. Reliance ......................................................................................... 542 III. A CASE STUDY:T HE MINNESOTA OUTBREAK ..........................................544 A. Anti-Vaccine Efforts in Minnesota .................................................548 IV. MEASLES, MMR, AND MISREPRESENTATION INVOLVING RISK OF PHYSICAL HARM ...................................................................................... 553 A. Liability to Third Parties ............................................................... 559 B. Other Elements of Misrepresentation ............................................560 C. Falsity ............................................................................................ 562 * © 2019 Dorit Rubinstein Reiss. Professor of Law, James Edgar Hervey Chair in Litigation, University of California, Hastings -
Decoupling Vaccine Laws Dorit Rubinstein Reiss UC Hastings College of the Law, [email protected]
University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2017 Decoupling Vaccine Laws Dorit Rubinstein Reiss UC Hastings College of the Law, [email protected] Follow this and additional works at: https://repository.uchastings.edu/faculty_scholarship Recommended Citation Dorit Rubinstein Reiss, Decoupling Vaccine Laws, 58 B.C. L. Rev. E. Supp. 9 (2017). Available at: https://repository.uchastings.edu/faculty_scholarship/1567 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. DECOUPLING VACCINE LAWS DORIT RUBINSTEIN REISS* Abstract: School immunization requirements are an effective way of increasing vaccine rates and reducing outbreaks, but they may have a dark underside. Alt- hough such mandates protect the general public, the availability of exemptions may be open to exploitation as a tool to try to undermine other avenues for pro- tecting the vaccine-deprived children themselves. This essay argues that exemp- tions from school immunization requirements should not be understood to limit the protections available to children due to a decision to withhold vaccines. The existence of an exemption should, however, prevent criminal prosecution if a child dies from a preventable disease, because a parent can justifiably believe they were acting legally. INTRODUCTION Consider the following set of facts: parents decide based on their religious beliefs that they will not vaccinate their newborn baby.1 Although they have vaccinated their older child, this is their decision. The child is taken for routine pediatric visits at two, four, and six months of age; the doctor tries unsuccess- fully to persuade the parents to vaccinate on each occasion. -
Amicus Brief
Case 1:21-cv-01782-TNM Document 21-1 Filed 08/06/21 Page 1 of 33 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA JOSHUA MAZER, individually and on behalf of his minor child, Case No. 1:21-cv-01782 Plaintiff, vs. THE DISTRICT OF COLUMBIA DEPARTMENT OF HEALTH, et al., Defendants. BRIEF OF AMICI CURIAE AMERICAN ACADEMY OF PEDIATRICS, D.C. CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS, AMERICAN MEDICAL ASSOCIATION, MEDICAL SOCIETY OF THE DISTRICT OF COLUMBIA, AND SOCIETY FOR ADOLESCENT HEALTH AND MEDICINE IN SUPPORT OF DEFENDANTS’ MOTION TO DISMISS AND OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION Case 1:21-cv-01782-TNM Document 21-1 Filed 08/06/21 Page 2 of 33 TABLE OF CONTENTS Page(s) TABLE OF CONTENTS ............................................................... Error! Bookmark not defined. TABLE OF AUTHORITIES ......................................................... Error! Bookmark not defined. INTEREST OF AMICI CURIAE .....................................................................................................1 INTRODUCTION ...........................................................................................................................2 ARGUMENT ...................................................................................................................................3 I. Widespread Vaccination Saves Lives. ...........................................................................3 II. Minor Consent Laws Provide an Important Backstop That Protects Vulnerable Minors. ...........................................................................................................................6 -
Employer-Mandated Vaccination for COVID-19
University of California, Hastings College of the Law UC Hastings Scholarship Repository Faculty Scholarship 2021 Employer-Mandated Vaccination for COVID-19 Mark A. Rothstein Wendy E. Parmet Dorit R. Reiss UC Hastings College of the Law, [email protected] Follow this and additional works at: https://repository.uchastings.edu/faculty_scholarship Recommended Citation Mark A. Rothstein, Wendy E. Parmet, and Dorit R. Reiss, Employer-Mandated Vaccination for COVID-19, 111 Am. J. Public Health 1061 (2021). Available at: https://repository.uchastings.edu/faculty_scholarship/1832 This Article is brought to you for free and open access by UC Hastings Scholarship Repository. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact [email protected]. VACCINES: BUILDING LONG-TERM CONFIDENCE unrelated to their public health goals, Employer-Mandated oppressive to particular individuals, or imposed a “plain and palpable violation Vaccination for COVID-19 of fundamental law.”3 For over a century, Jacobson v Mas- Mark A. Rothstein, JD, Wendy E. Parmet, JD, and Dorit Rubinstein Reiss, LLB, PhD sachusetts has been the leading au- thority for the state’s ability to require ABOUT THE AUTHORS vaccination. In 1922, the Supreme Court relied on this case to uphold a law re- Mark A. Rothstein is with Institute for Bioethics, Health Policy and Law, University of quiring that children be vaccinated to Louisville School of Medicine, Louisville, KY. Wendy E. Parmet is with School of Law, Northeastern University, Boston, MA. Dorit Rubinstein Reiss is with University of California attend school, even though there was Hastings College of the Law, San Francisco. -
Alfred Russel Wallace and the Antivaccination Movement in Victorian England Thomas P
HISTORICAL REVIEW Alfred Russel Wallace and the Antivaccination Movement in Victorian England Thomas P. Weber Alfred Russel Wallace, eminent naturalist and codis- ism, supported land nationalization, and fervently objected coverer of the principle of natural selection, was a major to compulsory smallpox vaccination. participant in the antivaccination campaigns in late 19th- The motives behind Wallace’s campaigns are some- century England. Wallace combined social reformism and times diffi cult to fathom. He published copiously because quantitative arguments to undermine the claims of provac- this served for a long time as his major source of income, cinationists and had a major impact on the debate. A brief but these writings only show the public face of Wallace. account of Wallace’s background, his role in the campaign, and a summary of his quantitative arguments leads to the Unlike Darwin, Wallace did not leave behind a large num- conclusion that it is unwarranted to portray Victorian anti- ber of private letters and other personal documents; there- vaccination campaigners in general as irrational and anti- fore, his more private thoughts, motives, and deliberations science. Public health policy can benefi t from history, but will probably remain unknown. the proper context of the evidence used should always be I provide a short introduction to Wallace’s life and kept in mind. work and then describe his contributions to the British antivaccination campaigns. Wallace’s interventions were infl uential; he was popular and well liked inside and out- n 2009, the scientifi c community commemorated the side scientifi c circles and, despite his controversial social 200th birthday of Charles Darwin and the 150th anni- I reformism, commanded deep respect for his achievements versary of the publication of On the Origin of Species by and his personal qualities until the end of his long life. -
Vaccination: Proved Useless and Dangerous from 45 Years of Registration Statistics Alfred R
History Of Vaccination “Without data, you’re just another person with an opinion.” —W. Edwards Deming, engineer, data scientist Each book in the History of Vaccination series is accompanied by the same prologue. If you’ve already read the prologue, feel free to skip to the book original book. The 25 historical works I’ve restored and updated shed light on the nature of vaccination, as recorded by the most distinguished doctors and scientists of their time. Their statements are backed by historical statistics, which are presented throughout these books. The first smallpox vaccine was conceptualized in 1796. Since that time, vaccination has been rife with controversy. Let’s review what writers, doctors, and scientists have observed about vaccines across three centuries—19th, 20th, and 21st. 19TH CENTURY (1800s) “There does not exist one single fact, in all the experiments and improvements made in science, which can support the idea of vaccination. A vaccinated people will always be a sickly people, short lived and degenerate.” —Dr. Alexander Wilder, MD, “Vaccination: A Medical Fallacy”, editor of the New York Medical Tribune, 1879 “I have seen leprosy and syphilis communicated by vaccination. Leprosy is becoming very common in Trinidad; its increase being coincident with vaccination.” —Dr. Hall Bakewell, Vaccinator General of Trinidad, 1868 “Cancer is reported to be increasing not only in England and the Continent, but in all parts of the world where vaccination is practised.” —Dr. William S. Tebb, MA, MD, DPH, “The Increase of Cancer”, 1892 “Leprosy arose with vaccination.” —Sir Ronald Martin, MD, 1868 "Syphilis has undoubtedly been transmitted by vaccination." —Sir William Osler Bt., MD, FRS, FRCP “To no medium of transmission is the widespread dissemination of this class of disease (syphilis) so largely indebted as to Vaccination.” —Dr. -
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June 28, 1890.j THE BRITISR MEDICAL JOURNAL. that of the previously inserted forefinger), and the ring tightly 3. The two serous surfaces of the stump are applied and unite closed, leaving, of course, sufficient play for the cord (Fig. 2). The in, say, thirty-six hours. J 12:~~~~,.x'herrj,D ;' cr- ~7rr.C'g Incistion in Skin. Serous :i it! Surfaces. i7;frf -b ri .t1 4_ :. ~.;a4. Fig. 4.-Profile View. I have had several successful cases following this operation, and notably one: a patient who was operated on about two years ago, and into whose abdominal aperture one could, previous to the operation, almost put one's fist, who assures me that he has since put himself to the severes test of ascending the Matterhorn; and another, a lady, operated on about three years ago, who has experienced no return of her trouble. In no case has a truss been itgt. e. 4a2i hi worn subsequently to the operation. | e rt ,F~, 2.' MEMORANDAI MEDICAL, SURGICAL, OBSTETRICAL, THERA PEUTICAL, PATHOLOGICAL, ETC. NOTE ON VACCINIA OF THE EYELIDS. I HAVE not been able to find any reference, in the different text- t t_ x i i.; books on diseases of the eye, to the accidental occurrence of vaccine pocks on the eyelids. I am inclined to think, however, that such an accident is by no means so rare as this would appear to indi- cate. Possibly a good many cases do not come under the notice of the ophthalmic surgeon at all, but are recognised and treated by the family doctor.