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Caesar Has Spoken! The Cali. Department of Public Health Provides Answers to (Some of) Your Questions about Vaccine Medical Exemptions

Caesar Has Spoken! The Cali. Department of Public Health Provides Answers to (Some of) Your Questions about Vaccine Medical Exemptions

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A couple days ago, the California Department of Public Health (“CDPH”) Immunization Branch (the head of which is otherwise hopefully soon to be known as “Defendant” in Ken Stoller’s lawsuit) published “Vaccinations and Medical Exemptions Questions and Answers.” Here it it. Every vaccine concerned parent should read it. https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Vaccinations-Q-A.aspx The good news is that it gives authoritative answers to many, but not all of the questions that I have seen circulating in the California vaccine concerned community. Here is the…

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Update on Ken Stoller’s lawsuit against the Medical Board (and others): We’re still in the game!

Update on Ken Stoller’s lawsuit against the Medical Board (and others): We’re still in the game!

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Here is the latest update on Ken Stoller’s Lawsuit against the Medical Board (formerly against the San Francisco City Attorney) https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=41583 If you want to see the proposed Second Amended Complaint with the update claims based on the illegalities uncovered. here it is: SAC992019 Rick Jaffe, Esq

10 days into California SB 276/714: Where are We? (updated September 28/2019 on the effective date of the new law)

10 days into California SB 276/714: Where are We? (updated September 28/2019 on the effective date of the new law)

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Because of the rush job to comply with the Governor’s late demands to Change SB 276, the law which is in effect, which is basically SB 714, has generated more confusion, but it has also created a small amount of hope than would have been the case under SB 276. The two biggest examples of this is that under SB 276, all vaccine medical exemptions had to be entered into CAIR to have continued validity. Either by design or mistake,…

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Grandfathered Exemptions under the New California Vaccine Law: Clear as Mud

Grandfathered Exemptions under the New California Vaccine Law: Clear as Mud

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The new California vaccine exemption law is vague, badly written and not well thought-out. First, let’s get on the same page. Look at SB 714, because that is really the operative law in that it changed SB 276 even though both because law the same day. Here it is: http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB714 What is a grandfathered medical exemption? What is commonly referred to as grandfathered vaccine medical exemptions are exemptions written by a California licensed physician on or before December 31, 2019….

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Medical Vaccine Exceptions Submitted after Full Implementation of the New California Vaccine Law

Medical Vaccine Exceptions Submitted after Full Implementation of the New California Vaccine Law

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Previously I’ve tried to explain each of the two operative provisions of the new California vaccine law, Health and Safety Code Sections 120370, and 120372 separately. In retrospect, that was confusing. I think a better approach is to talk about the three types of medical exemptions under the new law, and the different types are really just temporal differences, meaning grandfathered exemptions (current exemptions and those written up until December 31, 2019), transition exemptions written during calendar year 2020, and…

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EVERYONE NEEDS TO TAKE A BREATH!

EVERYONE NEEDS TO TAKE A BREATH!

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The new California vaccine exemption law only has an obvious immediate effect on physicians contemplating writing new exemptions. Families with vaccine medical exemptions have some time to figure things out, especially families with all their kids currently in school. There will be legal challenges which will take months to resolve, if not longer. Analysis, planning and strategic thinking are what’s needed. Not emotion or panic. Because of what I think are some technical defects in the law, there are not…

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New Round of Medical Board Subpoenas to the San Diego School District Requesting Medical Vaccine Exemptions

New Round of Medical Board Subpoenas to the San Diego School District Requesting Medical Vaccine Exemptions

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I have head that as many as 200 families have received a letter from the San Diego School District informing them that their childrens’ vaccine exemption information has been subpoenaed by the Medical Board. I have also heard that the multiple physicians who have written these exemptions (and they are not just located in San Diego County) have been flooded with calls from these families. Here is what is going on and what you can do about it My guess…

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Some Small Slivers of Good News in the New California Medical Vaccine Exemption Law

Some Small Slivers of Good News in the New California Medical Vaccine Exemption Law

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The big one is that like others who have poured over the law, I didn’t see a CAIR medical vaccine exemption submission/reporting requirement in the final SB 714 amended bill for grandfathered pre-2020 exemptions. I do not assume that was intentional. For reasons I hope most will understand, that’s all I am going to say about this issue. My advice to you is follow the law as it is written in the final version. Second, some people have read 120370…

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Now That SB 276 And SB 714 Are Law, What Does It All Mean For Parents?

Now That SB 276 And SB 714 Are Law, What Does It All Mean For Parents?

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I have received many emails and calls from parents requesting advice about how the new law applies to their children. Sorry, I don’t do medical exemption consultations for particular cases, but I can try to explain what the law says and means. The California Health and Safety Code Section which was changed by SB 277 a few years back, and changed yesterday by SB 276 and SB 714 is Section 120370 (SB 276 and SB 714 made changes to several…

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Major Update on Ken Stoller’s Lawsuit: New Amended Complaint Brings in Department of Public Health for Privacy Violations and Other Alleged Improper Actions

Major Update on Ken Stoller’s Lawsuit: New Amended Complaint Brings in Department of Public Health for Privacy Violations and Other Alleged Improper Actions

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Based on documents received in response to a public records requests, we are seeking to bring into the lawsuit Robert Schechter MD, who is the Chief of the Clinical Policy and Support Section of the Department of Health’s immunization branch. The documents reveal that his department is receiving privacy protected medical exemption information, and is providing legal/medical advice to schools about the validity of medical exemptions. The new complaint traces these actions back to a pilot program initiated by the…

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