Can the California Authorities Revoke my Child’s Vaccine Medical Exemption?

Can the California Authorities Revoke my Child’s Vaccine Medical Exemption?

I’ve been asked that a number of times recently. Here’s my qualified answer:

There is no statutory, other legal basis, or procedural mechanism for a school or public health official to revoke, rescind or invalidate a facially valid vaccine medical exemption issued by a duly licensed California physician.

That is my opinion and it is based on the fact that since the California vaccine exemption law is a statutory enactment, it would take a statute to amend the current statute to impose any kind of veto or review process.

There are some states which have such a review process, West Virginia for example. But as stated, currently California does not have any such process or mechanism to do so under the statute. There have been rumblings from the good Dr. Pan about passing such a law, but to me that just means that even he understands that it would take a new law to do so.

Of course, I can’t guaranty that some yahoo school or health official might not make noises about it, but I would hope that prior to taking such action, the official would check it out with the Attorney General’s office, and I’m quite certain the school or health official would be told that it wouldn’t be legal to do so. If it was done without Attorney General consultation, I think the courts would overturn the exemption revocation as an illegal/ultra vires act.

So for now, the only way California state officials can deal with what they claim are “bogus medical exemptions” is through the California Medical Board’s disciplinary proceedings against the doctors who issue them, and I predict that the CMB is going to be very busy on that front for the next few years, and at least until the California legislature passes some kind of exemption review or oversight process, and you Vaccine Concerned should be watchful of that, because I think it’s coming.

Rick Jaffe, Esq.

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