The Downside which California Parents face who Submit Permanant All-Vaccine Medical Exemptions under the New Vaccine Medical Exemption Law
I have received many frantic communications from parents who had a physician submit to the CAIR (California Immunization Registry) a permanent medical exemption for all vaccines because of some medical condition or a prior serious adverse reaction to one of the vaccines.
The stories are pretty much the same. The child goes to school after the ME applicaiton is submitted on-line. The ME is eventually rejected. The child stays in school because the parents appeal the denial. Eventually, the Department of Public Health denies the appeal. The school is notified of ther revocation of the ME. Then the school notifes the parent that the child has to present evidence of full vaccination in a few weeks or the child will not be able to continue to attend school.
What these families have succeeded in doing is buying some time to figure out a Plan B, which is a solution to the fundamental problem that the public health and infectious disease authorities do not recognize the validity of a permanent medical exemption for all vaccines for children. Thus, their MEs are going to be rejected and they’re going to need a real solution because all they accomplished was to kick the can.
The medical authorities recognize a temporary vaccine ME from all vaccines if the child is immunocompromised because of some therapy like chemotherapy, in which case the child can get a temporary ME for the duration of treatment. They recognize that a serious adverse event like an anaphylactic reaction to a prior vaccine is a contraindicaiton for another dose of the same vaccine.
HOWEVER, the notion that a bad reaction to one vaccine means you shouldn’t take any vaccine, which is often the basis of these global permanent ME’s is simply not accepted by the medical establishment. And the medical authorities do not recognize that there is any chronic illness or medical condition, or condition of a relative, or any combination of the above that would justify a ME for all vaccines throughout the duration of school
In short, there is no accepted medical rational for a global permanent medical exemption from all school required vaccines. And that is the reason that regardless of what evidence a parent submits in support of a permanent, global ME, it has and will always be rejected and the appeal will be denied. It doesn’t matter if you have a doctor or 50 doctors write letters in support of the permanent, global ME. The result is the same, because these MEs are based on unaccepted science (not saying it’s incorrect, just unaccepted).
Maybe parents who submitted these MEs haven’t understood this point. If so, hopefully this will help them understand that what you’re doing by filing these MEs is buying your family some time to have that plan B.
However, that plan B is either going to be, 1. home school or some other schooling arrangement that does not require an immunization record, 2. move to a state with a religious or personal belief exemption, or 3. fully vaccinate your child during the pendency of the appeal, so the vaccines can be spaced-out. It is not realistic or even recommended to come into compliance with the mandatory vaccine schedule (or even the published catch-up schedule) in a couple of weeks.(And even if it was, if vaccine safety was the reason you filed an ME, the last thing you’re going to do is shoot-up your kid with all the vaccines in a couple of weeks).
Sorry, but thems the facts, and better to know before you get that letter giving you two or three weeks for your child to come into compliance. And what you should understand is that what they’re really saying is Good-bye to you and your child until your child is in full compliance with the state vaccine requirements. (And yes, state mandatory school requirements have been upheld by the courts repeatedly, though most reading this think it’s a bad idea.) So if you’re in this situation, it’s none too soon to start thinking about your Plan B.
Rick Jaffe, Esq.
6 thoughts on “The Downside which California Parents face who Submit Permanant All-Vaccine Medical Exemptions under the New Vaccine Medical Exemption Law”
Hello – I enjoy your posts- thank you for weighing in!
I am a physician and although our entire careers we are required to be educated and unbiased about infections, vaccines, or m RNA shots that excist- what their pro’s con’s risks and benefits are, what the alternatives are and what are the risks and benefits of those alternatives. It is called Informed consent and we must provide it to all patients, as it is part of their basic human rights. These were established by the Nuremburg codes established from the Nazi war criminals’ court cases. These codes are policed by the International Crimes Court that was formed by the UN ( I think) to establish GLOBAL human rights. I do not hear much about the Nuremburg codes and global human rights in the discussions of COVID shots. It is the first mRNA modifier ever used in humans- and there are valid concerns that we can’t talk about. The information and detailed science that is typically available on the CDC website- is not there – other than the same statements given from higher up. Isn’t there support for our rights to have information about options that we have always been entitled to, and physicians required to give? Wouldn’t international human rights law supersede much of these new mandates that are out of line with rights for medical decision making?
short answer is: No
Neither the Nuremberg code nor any other international law has any effect or application to a state public health (or any other kind of) law.
fyi: California has sort of adopted the Nuremberg law, or that is the source of the law, but it wouldn’t apply to vaccines which have a therapeutic intent; just to clinical studies.
Dr. Jaffe: What about kids who have an IEP (public school) or an ISP (private school)? Aren’t they automatically exempt? Do the IEP/ISPs transfer to a new school? (For example, when starting high school?)
IEP’s are a different animal and not being the subject of my post which is permanent, global medical exemptions for students without any special educational accommodation like an IEP. I had thought those kids had been left alone with because it’s part of their accommodation, but I don’t have any specific information about that.
Thank you for your leadership and guidance. Are school districts allowed to contact you with a deadline to come into compliance on behalf of the state? According to H&S Code 120372, isn’t it the responsibility of the department/state to determine the validity of an exemption (not the schools) and to send the notification letter to the parents? If a student isn’t registered on CAIR and has a HIPA letter on file with the school, how does the state know if the authorizing physician is on the list? Is the school district allowed to share the medical exemption with the state without the parents’ permission? Also, if the student is a continuing student and is past the 7th grade entry point, can the school take it upon themselves to send a letter requiring evidence of vaccination even though the student is not a new entrant?
California public schools do not want unvaccinated students, That is the short of it. They try to weed them out. The CDPH circulates the list of docs who have been disciplined and the state and school districts work together to achieve that goal.
Once the district receives word that the ME is not valid, parents are told to comply with the vaccine schedule or their child will not be able to attend school. I’ve said it many times. If you’re in that situation you’ve only got three choices, come up to date on the vaccine schedule, home school or move to a state that has a PBE or religious exemption