Big Update on the Stoller Lawsuit: Subpoena Withdrawn; San Francisco Defendants Dismissed from the Case!
here is the update: https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=40705 Rick Jaffe, Esq. rickjaffeesquire@gmail.com
here is the update: https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=40705 Rick Jaffe, Esq. rickjaffeesquire@gmail.com
By all accounts, SB 276 will come out of the suspense docket next week. That means it goes for a vote in the Assembly and presumably back to the Senate to consider the amendments made during its travels through the Assembly, then to a Senate vote, and if it passes, on to the Governor’s desk. Caveat: I am not an expert on the California legislative process. Nonetheless, I do have opinions on what I think might impress the legislators and…
On Friday August, 16, 2019, New York State Department of Health issued “emergency regulations” concerning the issuance of vaccine medical exemptions. The short of it is that NY has basically done what California SB 276 will do (and what the original version of SB 277 tried to do) via regulation, thereby circumventing the legislative process. The regulation limits medical exemptions to ACIP other nationally recognized guidance documents establishing the standard of care.” Here is the Health Department’s summary of the…
I have previously written about the Medical Board’s attempt to trick, cajole, and intimidate families whose children have a vaccine medical exemption into agreeing to execute a consent/authorization to allow your child’s doctor to release medical records to the Board. Here is that post: https://rickjaffeesq.com/2019/07/16/so-you-just-received-a-certified-letter-from-the-cali-medical-board-asking-you-to-sign-a-release-for-your-childs-medical-records-what-are-your-options/ The bottom line is that you are not legally required to sign the release, and there is nothing the Board can do to you to force you to do so. Specifically, the Board cannot issue…
https://gogetfunding.com/blog-single-update/?blogpre=6112639&single=39194
This is the question de jour in light of the Sacramento Bee’s recent article revealing that the Medical Board has sought the medical records of several vaccine exemption writing physicians in Northern California. The short answer is that it can if it has “good cause”. In practice, that means the Board has to present a clear and specific reason why the medical records are needed to determine if the physician violated the standard of care, or some other law which…
Many people have asked me to comment on a post raising 11 reasons (I think that’s the number) why SB 276 is illegal. I glanced at it quickly. Although I acknowledge and appreciate the effort, most or all of the points and discussion is recyled from arguments raised and rejected in prior court cases. There were at least four challenges to SB 277 in state and federal courts, all of which were rejected. The lawyers who challenged SB 277 were…
Some of you might be thinking that because Secction 120372 (c)(2)(B) has been struck through, that currently exemptees are grandfathered and continue to be valid or are unreviewable. I do not think that is the case, I think there was either an error in drafting or another change small amendment is coming, but even if not, I think the department of health will take the position that it can revoke SB 277 exemptions. First, here is what was struck through/deleted…
Because of the press of other business, this is going to be short and quick. The new amendment is at least as bad as the prior version, because it does not change the two main operative provisions, 1. All Exemptions are still reviewable and revocable by the health department if they do not comply with the established guidelines, and 2. Physicians who write exemptions beyond these guidelines will be reported to the Medical Board for prosecution. here is the link…
Some people are worried about the effect of SB 276 on home schoolers. Let me allay those fears. The current bill does not mention, nor does it affect home schooling your own children. Meaning, you do not have to vaccinate your children under SB 276, if they are home schooled. (I am not talking about Charter Independant Study Schools, which is adifferent and more complicated question, and one which there might not yet be an answer.) At least one major…