As most of you already know, Senator Pan’s amendment was filed yesterday afternoon, May 17th. Here it is.
Unfortunately, it doesn’t protect the children with current exemptions (or it does, if you’re in the mainstream). Friends and commenters have correctly analyzed the bill. No sense reinventing the wheel on this. Here is some of new bill language, related by one commentator:
There is no “grandfathering” in the amended text:
(d) If the State Public Health Officer or a local public health officer determines that a medical exemption submitted to the department is fraudulent or inconsistent with applicable CDC guidelines, as specified in paragraph (1) of subdivision (a), the State Public Health Officer or local public health officer may revoke the medical exemption.
Here is the skinny on the amendment from one popular professional source:
So, obviously the rumors about grandfathering in existing VMEs were FALSE. The amendment language simply states that CDPH isn’t required to review or approve old exemptions, BUT they still CAN if they decide to. Doctors and their patients will still have to re-submit all older exemptions into the NEW SYSTEM, and part of the new system is a CONSENT for the release of medical records to the medical board. This will open up ALL old medical exemptions to medical board investigation. HOWEVER, doctors can only submit an old exemption if there is a contraindication or precaution, which 99.9% of them won’t have, so doctors won’t be able to re-submit these. If a doctor doesn’t re-submit the old exemption, then it becomes invalid Dec 31, 2020. And they can’t re-submit without a contra or precaution. Any that they DO submit will be investigated by the medical board. It’s totally bogus, and actually has made the bill WORSE, not better.
So, where are we?
Back to where the bill was before the May 17th amendment:
Under SB 276, there will not be any medical exemptions beyond CDC contraindication and CDC precautions, and expect that all current exemptions will be voided by the state or local health officials.
I have to give credit to Senator Pan. He is a very skilled politician. He knew what he had to do to get his bill through the appropriations committee, and did it by creating the illusion of a tactical retreat which suggested that there would be less of a financial impact than the critics stated. And he did it without making any tactical retreat whatsoever, and without changing the underlying economic costs of the bill. I’m sure you all hate it, but for better and worse, that’s politics.
Senator Pan is doing his job very effectively. Time for you all to move on to the next phase of the battle and be effective.
Rick Jaffe, Esq.