Richard Jaffe, Esq.

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

September 13, 2019 Richard Jaffe Comments 29 comments

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

September 13, 2019 Richard Jaffe Comments 2 comments

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!

September 12, 2019 Richard Jaffe Comments 4 comments

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

September 12, 2019 Richard Jaffe Comments 6 comments

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

September 11, 2019 Richard Jaffe Comments 19 comments

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?

September 10, 2019 Richard Jaffe Comments 28 comments

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

September 9, 2019 Richard Jaffe Comments 4 comments

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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UPDATED: Senator Pan’s New Amendment to Change SB 276 (after it passes)

September 7, 2019 Richard Jaffe Comments 2 comments

I am not a California legislative expert and I am not sure what is going on, but today, I received an automated notice as a SB 276 bill watcher of an amendment. Originally I thought that Senator Pan blinked and made the changes requested by the Governor. But then I am not sure what changes the Governor wanted. So I am doubly unsure. The amended bill has a different bill number, SB 714, and it says it will only go…

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My Second Take on Senator Pan’s SB 714 and I May Even Be More Confused

September 6, 2019 Richard Jaffe Comments 6 comments

It was pointed out that the language in (2) does not require vaccination by the Fall 2020 as I perhaps misstated in my prior post. I think they are right and I was wrong, mostly, but frankly, I am still not sure. Let’s start with the language: “(2) Commencing January 1, 2020, a child who has a medical exemption issued before January 1, 2020, shall be allowed continued enrollment to any public or private elementary or secondary school, child care…

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