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OPPOSE SB 016, Vaccinating Minors for HPV and Hepatitis Without Parental Consent

Location: CO
Title: OPPOSE SB 016, Vaccinating Minors for HPV and Hepatitis Without Parental Consent
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UPDATE: 6/11/2021 - SB 016 passed 3rd reading and final vote in the House by a vote of 41 yes and 24 no. https://leg.colorado.gov/content/sb21-016vote73fd28 The bill was sent to the Governor on 6/10/2021. 

ACTION NEEDED:

Contact the Governor and ask him to VETO SB 016 - https://dashboard.colorado.gov/connect-with-us


SB-016 is scheduled for a 2nd reading by the full House tomorrow, Thursday 6/3/2021.  This will be the last chance for the bill to be amended.

Current law, § 25-4-409 - Minors--treatment—consent, states the consent of a parent or legal guardian is not a prerequisite for a minor to receive a consultation, examination, or treatment for sexually transmitted infections.  This bill expands that law to include preventive measures or medications and preventive care, which would include vaccines. See Section 2, pages 3 and 4 of SB -016.  

Sponsors and supporters of this bill refused to adopt amendments in the Senate that would clarify that “preventive measures or medications” do not include vaccines. 

If SB 21-016 is passed without clarifying or amending the bill to state that preventive measures and preventive care shall not include vaccines, it will violate parental rights and strip the ability of the parent of a minor child to provide informed consent for these vaccinations.  

ACTION NEEDED:

Call your Colorado House Member today or before 9:00 AM tomorrow and tell them:

1) Minor children should not be vaccinated without parental consent.  SB 21-016, Section 2 on page 3 and 4 ,  will allow this to happen.

2) SB 016, the minor consent bill for sexually transmitted infections, needs to be amended to clarify that preventative measures shall not include vaccines.  If this amendment is not added,  the bill should be killed.

If you do not know who your Colorado House Member is, login to the NVIC Advocacy Portal at http://NVICAdvocacy.org.  Click on “Check What is Happening in Your State” on the home page or “My State” on the STATE TEAMS Tab.  Your personal state legislators are listed on the right side of the page.  You can also find your legislators by clicking here.

REASONS TO OPPOSE Section 2 of SB 016:

If in the future COVID-19 is considered an infection that can be sexually transmitted, this bill would allow minors to be vaccinated with COVID-19 Vaccines without parental consent.   

·        According to the Mayo Clinic - Further research is needed to determine if the COVID-19 virus could be transmitted sexually.

·        Some entities are already exploiting laws on the books the allow minors to get treatment for STIs or mental health issues to say they allow minors to consent to COVID-19 Vaccines.

·        The Philadelphia Board of Health recently announced it would allow “individuals 11 years of age and older to consent to his or her own immunization with a COVID-19 vaccine under an Emergency Use Authorization (EUA), without the approval or consent of a parent or guardian.” The order would not allow children under 12 to receive the Pfizer shot. 

·        San Francisco issued an order saying minors who are 12 years old or older can consent to receive any vaccine against COVID-19 that has been authorized by the FDA (whether authorized on an emergency use basis or fully approved).

SB 016 Violates Parental Rights

·        SB 016 REQUIRES a health care provider to administer, dispense or prescribe preventative measures or medication, which includes vaccines, to a minor child whenever a child requests a diagnostic exam for a sexually transmitted infection (STI).  See Page 3 and 4 of the reengrossed version. C:\016_rn2.txt (colorado.gov)

·        Parental consent would not be required when a minor child is administered the HPV vaccine, the Hepatitis A & B vaccine or any future vaccine for a sexually transmitted disease.  

·        If the minor child is 13 years or older, the health care practitioner is even prohibited from disclosing to the parent that the child received a vaccine.

·        A minor child could have a serious and even life-threatening reaction to the vaccine without the parent knowing a vaccine had ever been given. 

·        Minor children are at high risk of being exploited by persuading health care providers to receive vaccines that their parents may be strongly opposed to them receiving.  Special needs children or children with IEPs are at even greater risk to be given vaccines parents may not want their child to receive.     

Minors as Young as 9 Years Old can be Vaccinated Without Parental Knowledge or Consent Putting Them at Risk

·        Current Colorado law C.R.S. 25-4-409 (1)(a) states- A health care provider or facility, if consulted by a patient who is a minor, shall perform, at the minor's request, a diagnostic examination for a sexually transmitted infection. The health care provider or facility shall treat the minor for a sexually transmitted infection, if necessary; discuss prevention measures, where applicable; and include appropriate therapies and prescriptions.  Section (2) states -The consent of a parent or legal guardian is not a prerequisite for a minor to receive a consultation, examination, or treatment for sexually transmitted infections.  SB 016 amends this language to include preventive care.  Vaccines are considered preventive care so this bill would change the law to require minors to be vaccinated without parental knowledge or consent.

  • Current law also states - If the minor is thirteen years of age or younger, the health care provider may involve the minor's parent or legal guardian.  This means while they “may” involve the parent they do not have to.  Therefore, a child as young as 9 years old could be vaccinated for HPV without the knowledge or consent of the parent or guardian because this is the recommended age for HPV for both boys and girls

Serious Questions on HPV Vaccine Efficacy, Necessity and Safety Remain

·        HPV vaccines have not been proven to prevent cancer of any kind and no participants in the original HPV clinical trials received true saline placebos.

  • The clinical trials never investigated the vaccine’s possible effects on human fertility or potential to cause cancer.
  • With over 200 types, HPV is the most common STD in the US.  HPV infection is experienced by the majority of sexually active women and men without symptoms and is naturally cleared from the body within two years by more than 90 % of those who become infected.
  • Any students that have already been exposed to HPV 16 or 18 prior to receiving HPV vaccine, increases their risk of precancerous lesions, or worse, by 44.6%, according to data Merck provide to the FDA before Gardasil was approved in 2006. (See VRBPAC Background document, bottom of page 13)
  • As of March 4, 2020, there were 64,473 vaccine reaction reports made to the federal Vaccine Adverse Events Reporting System (VAERS) associated with HPV vaccines. 8,936 were classified as serious reactions, and included unexplained collapse, seizures, muscle pain and weakness; disabling fatigue, paralysis, brain inflammation, rheumatoid arthritis, lupus, blood clots, multiple sclerosis, optic neuritis, spontaneous abortions, lupus, strokes, cardiac issues, seizures/convulsions, and many other health problems.  There were also 528 reports of death.  (VAERS reporting is voluntary and it receives reports for only a small fraction of actual adverse events)

Disregards Federal Law and Supreme Court Decision

·        The National Childhood Vaccine Injury Act (42 U.S.C. §300aa-26), a federal law, requires the parent or guardian of a minor child to be given a VIS (Vaccine Information Statement) before vaccines are given. The CDC on their Q&A page on VIS sheets:  Under the question “Is there a requirement to verify that parents/legal representatives have actually received and reviewed the VIS,” the answer is a clear undebatable “YES”. This bill ignores the federal law and requirement that VIS be given to the parent or guardian.

  • When the National Childhood Vaccine Injury Act of 1986 was passed, Congress never contemplated or provided for a minor child making the decision to get a vaccine without their parent or guardian. The Act clearly states that before the administration of certain vaccines, a health care provider shall give a copy of the CDC’s vaccine information materials to either, “the parent or legal representative of any child to whom the provider intends to administer such vaccine, or to any adult  to whom the provider intends to administer such vaccine.” There is no provision in the law that allows a health care provider to give a minor child the Vaccine Information Statement (VIS) materials for the purpose of consenting, without the parent’s knowledge or consent, to the administration of vaccines.
  • By receiving a federally recommended vaccine, a minor child is giving up the legal rights to file an injury claim in a federal or state civil court of law, even if the child suffers brain injury or another permanent health problem from the vaccine.  A minor child cannot fully understand the terms of the Vaccine Injury Act including the three year statute of limitations on filing a vaccine injury claim with the Vaccine Injury Compensation Program. The Act’s vaccine injury table lists certain injuries that may only be eligible to receive compensation if they occur within 30 days of vaccination. Minors would be solely responsible for getting confirmation and documentation that they have an injury on this chart within 30 days of vaccination and many minors cannot drive themselves to the doctor or hospital.
  • Minor children would not know that by asking for a diagnostic examination for a sexually transmitted infection that they are effectively agreeing to preventative treatment including receiving a vaccine as mandated by the state.
  • States have the right to restrict minors from making major decisions without parental consent because minors lack the ability and experience to make informed and mature choices.
  • The Supreme Court stated, “[T]he Court has held that the States validly may limit the freedom of children to choose for themselves in the making of important, affirmative choices with potentially serious consequences. These rulings have been grounded in the recognition that, during the formative years of childhood and adolescence, minors often lack the experience, perspective, and judgment to recognize and avoid choices that could be detrimental to them. Ginsberg v. New York, 390 U.S. 629 (1968), illustrates well the Court's concern over the inability of children to make mature choices, as the First Amendment rights involved are clear examples of constitutionally protected freedoms of choice.”

Not Necessary

·        Health insurance plans are already required to cover vaccines including HPV and Hepatitis B Vaccines for children without copays and deductibles as required by the ACA (Affordable Care Act), § 2590.715-2713(a)(ii) - Coverage of preventive health services. 

Jeopardizes Federal Funding for SBHC

·        ACA provides grants to School Based Health Centers (SBHC) under Section 42 USC 280h-5. (a)(3)(b) and clearly states parental consent is required for services provided to those children and adolescents in these centers. Providing services, including vaccines, to minors without parental consent at SBHCs could jeopardize federal funding.

Allows Minors to be Vaccinated at School Clinics without Parental Knowledge or Consent

·        According to the Colorado Dept. of Public Health & Environment (CDPHE), the School-Based Health Center Program (SBHC) funds 53 centers and providing vaccinations is a minimum requirement.  The  Colorado Health Institute in 2015 stated, roughly 35,000 Colorado children received primary and preventive health care services in SBHC.  If SB 016 is passed those preventive services for STIs, including vaccines, can be administered at SBHC without parental consent or knowledge.

This bill as currently written also creates multiple conflicts and problems with both current federal and state law. 

Conflicts and will cause problems with the following state laws:

·        If SB 21-016 is passed as currently written expanding C.R.S. 25-4-409 - to say a health care provider or facility shall ADMINISTER, DISPENSE, OR PRESCRIBE PREVENTIVE measures OR MEDICATIONS, it will be in conflict with state law on the age of minority and has legal implications on the right to sue.  

Colorado State Law has established that the age of competence is 18 years old, C.R.S. 13-22-101, including the right to sue and to make decisions in regard to his own body and the body of his issue, whether natural or adopted by such person, to the full extent allowed to any other adult person. 

Current Colorado State Law C.R.S. 13-22-103- Minors - consent for medical, dental, and related care, makes an exception to 25-4-409 that currently only allows a health care provider to discuss prevention measures, where applicable, if a minor requests a diagnostic test for a sexually transmitted infection. 

·        IF SB 21-016 is passed as currently written, it will eliminate protections that are in current state law for good reason and violate the intent of current law that does not allow a health care provider to administer a vaccine to a minor if the parent has expressly refused to give consent to immunization.  

Colorado State Law, C.R.S. 25-4-1704 -Infant immunization program - delegation of authority to immunize minor, only allows a parent, legal guardian, person vested with legal custody of a minor or decision-making responsibility for the medical care of a minor, or such other adult person responsible for the care of a minor in this state, to delegate consent to the immunization of a minor.  In addition, the person delegated this authority must include the relevant health history, and the practitioner administering the vaccination shall include a copy of the written delegation of authority in the minor’s medical record.  A person may not consent to the immunization of a minor pursuant to this subsection if the person has actual knowledge that the parent, legal guardian, person vested with legal custody of a minor or decision-making responsibility for the medical care of a minor, or other adult person responsible for the care of a minor in this state has expressly refused to give consent to the immunization. 

SB 12-016 Section 2 minor consent will conflict and cause problems with the following federal laws:

The 1986 Act also requires  and that vaccine administration information be recorded into the child’s permanent medical record and made available to parents/guardians upon their request (U.S. 42§300aa–25(a). Recording and reporting of information). This mechanism was designed for vaccine injury compensation purposes and cannot be shielded from the minor’s legal representative (parent/guardian)

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UPDATE: 5/19/2021 - The hearing for SB 016 has been moved to Wednesday, May 26th at 1:30. 

Dear Colorado NVIC Advocacy Team Members,

Your action is needed to help stop a bad bill that is moving through the Colorado Legislature.  SB 016 will allow minors to consent to vaccines for sexually transmitted infections without the consent or knowledge of the parent or legal guardian.  SB 016 is scheduled for a hearing in the House Heath and Insurance Committee on Wednesday, May 19th at 1:30 PM.  SB 016 passed the full Senate on May 4th

Amendments were offered on the Senate floor by Senator Kirkmeyer. The first amendment would clarify that preventive measures do not include vaccines and the second amendment would have provided clarity and transparency by including reference to federal laws that address parental consent.  Both good amendments failed on a voice vote. 

Senator Petterson stated at the 1:12:08 time mark of video that these were not friendly amendments, and she urged a NO vote on them.  She acknowledged after the first amendment that this is about HPV Vaccines and said the bill does not violate federal law.  After the second amendment was offered Senator Peterson said in part, “This bill doesn’t change federal law about parental involvement in childhood vaccinations, this would actually narrow it so that services that are already provided would not be available unless they complied, and we don’t need exceptions for this so I ask for a no vote.”  

Not only does Senator Petterson not respect the rights of parents when it comes to medical interventions their children are receiving for sexually transmitted infections, including vaccines for HPV, she does not want to be transparent on federal law.  She also seems to contradict herself when she says in one statement the bill does not and cannot change federal law, then in the next says the bill narrows it.  She seems to be inferring that services are already being provided that are in violation of federal law and these amendments would place exceptions that are not needed.  

Please take a few minutes to watch the full discussion on SB 016 on the Senate floor that starts at the 1:00.26 mark.  There is a 5-minute break and then discussion on amendments starts at the 1:09.00 mark.  Click on Colorado Senate 2021 Legislative Day 081 and forward the video to the time mark.

See full text of amended version and minor consent on Page 3 and 4  here. 

ACTION NEEDED:

1)     Register to testify in opposition to SB 016 either in person or remotely here.   Additional information on current public participation in the legislative process is available here.  Information on how to submit written testimony and handouts to committee members is available here. 

2)     Contact Members of the House Health and Insurance Committee and ask them to VOTE NO on SB 016.  Click on the links to the individual members for contact information here

3)     Contact your Colorado State House Member and ask them to VOTE NO on SB 016 if it comes to the full House for a vote unless it is amended to protect the rights of parents to decide if their minor child will get a vaccine for sexually transmitted infections including HPV.

4)     Contact Governor Polis and tell him NOT TO SIGN SB 016 if it comes to his desk without protecting a parent’s right to decide if their minor child will receive vaccines for sexually transmitted infections, including HPV Vaccines. https://www.colorado.gov/governor/contact-us - State Capitol Bldg - 200 E. Colfax Ave., Rm. 136, Denver, CO 80203 - Governor's Office, Front Desk: (303) 866-2471

5)     Login to the NVIC Advocacy Portal often to check for updates on this bill and others being tracked in Colorado.  Bills can change many times over the legislative process and your timely visits, calls, and emails directed at the correct legislators are critical to this process.

6)     Sign up to get NVIC’s Colorado “Heads Up” text alerts by texting “Colorado” to 202-618-5488.  We will let you know of any last-minute changes to the bill or hearing if needed via text.   

7)     Please forward this email to family and friends and ask them to register for the NVIC Advocacy Portal at http://NVICAdvocacy.org and share their concerns with their legislators as well.

UPDATE: 5/15/2021 - SB 016 is scheduled for a hearing in the House Health and Insurance Committee on Wednesday, May 19th at 1:30 PM in HCR 0112. https://sg001-harmony.sliq.net/00327/Harmony/en/PowerBrowser/ViewHandoutFile?contentEntityId=11783&handoutId=14390 - agenda 

HEARING ITEM                 SPONSORS

SB21-016             Protecting Preventive Health Care Coverage        Sen. B. Pettersen, Sen. D. Moreno, Rep. D. Esgar, Rep. K. Mullica

HB21-1297          Pharmacy Benefit Manager And Insurer Requirements     Rep. E. Hooton, Sen. J. Sonnenberg, Sen. J. Buckner

HB21-1307          Prescription Insulin Pricing And Access    Rep. D. Roberts, Sen. K. Donovan, Sen. L. Liston

SB21-175             Prescription Drug Affordability Review Board       Sen. S. Jaquez Lewis, Sen. J. Gonzales, Rep. Y. Caraveo, Rep. C. Kennedy

UPDATE: 5/10/2021 - SB 016 was referred to the House Health and Insurance Committee on 5/5/2021. 

ACTION NEEDED:

Contact Members of the House Health and Insurance Committee and your own Colorado House Member and ask them to oppose SB 016. 

https://leg.colorado.gov/sites/default/files/documents/2021A/bills/2021a_016_rn2.pdf - current version as passed by the Senate 

UPDATE: 5/5/2021 - SB 016 was amended and passed the full Senate by a vote of 21 yes and 13 no.  Senator Kirkmeyer offered two good amendments to require parental consent and both failed.  Those senators who voted yes on SB 016 do not support the right of the parent to control if and when their minor child gets an HPV or Hepatitis B Vaccine. The bill will now go to the House. 

Amendments that were lost:

SENATE FLOOR AMENDMENT Second Reading BY SENATOR Kirkmeyer:

L.004 SB21-016 SENATE FLOOR AMENDMENT Second Reading BY SENATOR Kirkmeyer - Amend printed bill, page 6, line 7, after "prescriptions." add "FOR THE PURPOSES OF THIS SECTION, PREVENTIVE MEASURES DO NOT INCLUDE VACCINATIONS.".

L005 -Amend printed bill, page 6, line 8, after "(2)" insert "(a)". Page 6, line 10, strike "infections." and substitute "infections; EXCEPT THAT A SCHOOL-BASED HEALTH CENTER RECEIVING FUNDS PURSUANT TO THE FEDERAL "PATIENT PROTECTION AND AFFORDABLE CARE ACT", PUB.L. 111-148, AS AMENDED, SHALL NOT PROVIDE SERVICES TO A MINOR WITHOUT THE CONSENT OF THE MINOR'S PARENT OR LEGAL GUARDIAN, AS REQUIRED PURSUANT TO 42 U.S.C. SEC. 280h-5(k).".

Page 6, strike line 14 and substitute "Act of 1987", part 3 of article 3 of title 19, C.R.S., still applies.  (b) If the".  Page 6, after line 19 insert:  "(c) AHEALTH-CARE PROVIDERSHALLDISSEMINATE VACCINATION  INFORMATION TO THE MINOR'S PARENT OR LEGAL GUARDIAN PRIOR TO THE ADMINISTRATION OF A VACCINE AND COMPLY WITH THE RECORDING AND REPORTING OF INFORMATION REQUIREMENTS PURSUANT TO THE FEDERAL NATIONAL CHILDHOOD VACCINE INJURY ACT OF 1986", 42U.S.C. SECS. 17 300aa-25 AND 300aa-26, AS AMENDED.".

ACTION NEEDED:

Contact your Colorado House Member and ask them to oppose SB 016, vaccinating minors with HPV and Hepatitis B Vaccines without parental consent. 

UPDATE: 5/1/2021 - SB 016 passed the Senate Appropriations Committee on 4/30/2021.  The bill will now go to the full Senate.

ACTION NEEDED:

Continue to contact your Colorado State Senator and ask them to oppose SB 016.

UPDATE: 3/25/2021 - SB 016 passed the Senate Health and Human Services Committee on 3/24/2021 by a vote of 4 yes and 3 no.   Senator Kirkmeyer offered an amendment to clarify that preventive measures do not include vaccines.  Senator Peterson said that was a hostile amendment and the amendment was not adopted.  The bill will now go to the Senate Appropriations Committee. 

ACTION NEEDED:

Contact your State Senator and ask them to oppose SB 016.

UPDATE: 3/16/2021 - SB 016 was not heard in the Senate Health and Human Services Committee this morning.  The bill is currently on the agenda for the March 24, 2021, 1:30 PM hearing. https://leg.colorado.gov/content/health-human-services-2 - agenda

Dear NVIC Advocacy Colorado Members,

Your action is needed to help stop a bill that would allow minors to be vaccinated for sexually transmitted diseases without knowledge or consent of the parent.

SB 016 is scheduled for a hearing in the Senate Health and Human Services Committee on Wednesday, March 24th at 1:30 PM in Room SCR 357.  This bill is sponsored by Sen. B. PettersenSen. D. MorenoRep. D. EsgarRep. K. Mullica.  This bill is the same as SB 156 from 2020. 

One of the many things this bill does is it amends current law - 25-4-409.  Minors - treatment - consent – that states a health care provider shall test and treat a minor for a sexually transmitted infection and the consent of a parent or legal guardian is not a prerequisite.  Current law only says the health care provider shall discuss "prevention measures", but this bill requires the health care provider to administer the preventive measure without consent or knowledge of the parent.

Preventive measures include vaccines for sexually transmitted diseases.  Vaccines currently recommended for sexually transmitted diseases are HPV and Hepatitis B Vaccines.  Vaccines are a medical intervention that can cause injury or even death that are governed by specific federal laws not taken into consideration in this bill as introduced.  

If passed the bill would also allow minors to be vaccinated with any other vaccines that could be recommended in the future for sexually transmitted diseases. 

ACTION NEEDED:

1.    Contact your Colorado State Senator and ask them to oppose SB 016 allowing minors to be vaccinated with HPV and Hepatitis B Vaccines and all future STD vaccines without parental consent.  If you do not know who your Colorado State Legislators are, login to the NVIC Advocacy Portal at http://NVICAdvocacy.org.  Click on “Check What is Happening in Your State” on the home page or “My State” on the STATE TEAMS Tab.  Your personal state legislators are listed on the right side of the page.  You can also find your legislators by clicking here

2.    Contact Members of the Senate Health and Human Services Committee and ask them oppose SB 016 allowing minors to be vaccinated with HPV and Hepatitis B Vaccines and all future STD vaccines without parental knowledge or consent.  

3.    Information on how to testify is available here. If you plan to testify in person, remotely via WebEx or submit written testimony to the committee, you must register first here -https://www2.leg.state.co.us/CLICS/CLICS2021A/commsumm.nsf/signIn.xsp    

4.    Login to the NVIC Advocacy Portal often to check for updates.  Bills can change many times over the legislative process and your timely visits, calls, and emails directed at the correct legislators are critical to this process.

5.    Sign up to get NVIC’s Colorado “Heads Up” text alerts by texting “Colorado” to 202-618-5488.  We will let you know of any last-minute changes to the bill or hearing if needed via text.   

6.    Please forward this email to family and friends and ask them to register for the NVIC Advocacy Portal at http://NVICAdvocacy.org and share their concerns with their legislators as well.

Senate Health and Human Services Committee Members:

Rhonda Fields, Chair, 303-866-4879, rhonda.fields.senate@state.co.us

Joann Ginal, Vice Chair, 303-866-4841, joannginal52@gmail.com

Jim Smallwood, 303-866-4869, senatorsmallwood@gmail.com

Barbara Kirkmeyer, 303-866-4876, barbara.kirkmeyer.senate@state.co.us 

Sonya Jaquez Lewis, 303-866-5291, sonya.jaquez.lewis.senate@state.co.us    

Janet Buckner, 303-866-3432, janet.buckner.senate@state.co.us 

Cleave Simpson, 303-866-4875, cleave.simpson.senate@state.co.us   

Reasons why SB 016 should be opposed:

SB 016 Violates Parental Rights

  • SB 016 REQUIRES a health care provider to administer, dispense or prescribe preventative measures or medication, which includes vaccines, to a minor child whenever a child requests a diagnostic exam for a sexually transmitted infection (STI). (See Page 5 line 27 through line 7 on Page 6)
  • Parental consent would not be required when a minor child is administered the HPV vaccine, the Hepatitis B vaccine or any future vaccine for a sexually transmitted disease.
  • If the minor child is 13 years or older, the health care practitioner is even prohibited from disclosing to the parent that the child received a vaccine. (Page 6 lines 8-19)
  • A minor child could have a serious and even life-threatening reaction to the vaccine without the parent knowing a vaccine had ever been given. 
  • Minor children are at high risk of being exploited by persuading health care providers to receive vaccines that their parents may be strongly opposed to them receiving.  Special needs children or children with IEPs are at even greater risk to be given vaccines parents may not want their child to receive.     

Minors as Young as 9 Years Old can be Vaccinated Without Parental Knowledge or Consent Putting Them at Risk

  • Current Colorado law C.R.S. 25-4-409 (1)(a) states- A health care provider or facility, if consulted by a patient who is a minor, shall perform, at the minor's request, a diagnostic examination for a sexually transmitted infection. The health care provider or facility shall treat the minor for a sexually transmitted infection, if necessary; discuss prevention measures, where applicable; and include appropriate therapies and prescriptions.  Section (2) states -The consent of a parent or legal guardian is not a prerequisite for a minor to receive a consultation, examination, or treatment for sexually transmitted infections.  SB 016 amends this language to include preventive care.  Vaccines are considered preventive care so this bill would change the law to require minors to be vaccinated without parental knowledge or consent.
  • Current law also states - If the minor is thirteen years of age or younger, the health care provider may involve the minor's parent or legal guardian.  This means while they “may” involve the parent they do not have to.  Therefore, a child as young as 9 years old could be vaccinated for HPV without the knowledge or consent of the parent or guardian because this is the recommended age for HPV for both boys and girls

Serious Questions on HPV Vaccine Efficacy, Necessity and Safety Remain

  • HPV vaccines have not been proven to prevent cancer of any kind and no participants in the original HPV clinical trials received true saline placebos.
  • The clinical trials never investigated the vaccine’s possible effects on human fertility or potential to cause cancer.
  • With over 200 types, HPV is the most common STD in the US.  HPV infection is experienced by the majority of sexually active women and men without symptoms and is naturally cleared from the body within two years by more than 90 % of those who become infected.
  • Any students that have already been exposed to HPV 16 or 18 prior to receiving HPV vaccine, increases their risk of precancerous lesions, or worse, by 44.6%, according to data Merck provide to the FDA before Gardasil was approved in 2006. (See VRBPAC Background document, bottom of page 13)
  • As of March 4, 2020, there were 64,473 vaccine reaction reports made to the federal Vaccine Adverse Events Reporting System (VAERS) associated with HPV vaccines. 8,936 were classified as serious reactions, and included unexplained collapse, seizures, muscle pain and weakness; disabling fatigue, paralysis, brain inflammation, rheumatoid arthritis, lupus, blood clots, multiple sclerosis, optic neuritis, spontaneous abortions, lupus, strokes, cardiac issues, seizures/convulsions, and many other health problems.  There were also 528 reports of death.  (VAERS reporting is voluntary and it receives reports for only a small fraction of actual adverse events)

Disregards Federal Law and Supreme Court Decision

  • The National Childhood Vaccine Injury Act (42 U.S.C. §300aa-26), a federal law, requires the parent or guardian of a minor child to be given a VIS (Vaccine Information Statement) before vaccines are given. The CDC on their Q&A page on VIS sheets:  Under the question “Is there a requirement to verify that parents/legal representatives have actually received and reviewed the VIS,” the answer is a clear undebatable “YES”. This bill ignores the federal law and requirement that VIS be given to the parent or guardian.
  • When the National Childhood Vaccine Injury Act of 1986 was passed, Congress never contemplated or provided for a minor child making the decision to get a vaccine without their parent or guardian. The Act clearly states that before the administration of certain vaccines, a health care provider shall give a copy of the CDC’s vaccine information materials to either, “the parent or legal representative of any child to whom the provider intends to administer such vaccine, or to any adult  to whom the provider intends to administer such vaccine.” There is no provision in the law that allows a health care provider to give a minor child the Vaccine Information Statement (VIS) materials for the purpose of consenting, without the parent’s knowledge or consent, to the administration of vaccines.
  • By receiving a federally recommended vaccine, a minor child is giving up the legal rights to file an injury claim in a federal or state civil court of law, even if the child suffers brain injury or another permanent health problem from the vaccine.  A minor child cannot fully understand the terms of the Vaccine Injury Act including the three year statute of limitations on filing a vaccine injury claim with the Vaccine Injury Compensation Program. The Act’s vaccine injury table lists certain injuries that may only be eligible to receive compensation if they occur within 30 days of vaccination. Minors would be solely responsible for getting confirmation and documentation that they have an injury on this chart within 30 days of vaccination and many minors cannot drive themselves to the doctor or hospital.
  • Minor children would not know that by asking for a diagnostic examination for a sexually transmitted infection that they are effectively agreeing to preventative treatment including receiving a vaccine as mandated by the state.
  • States have the right to restrict minors from making major decisions without parental consent because minors lack the ability and experience to make informed and mature choices.

The Supreme Court stated, “[T]he Court has held that the States validly may limit the freedom of children to choose for themselves in the making of important, affirmative choices with potentially serious consequences. These rulings have been grounded in the recognition that, during the formative years of childhood and adolescence, minors often lack the experience, perspective, and judgment to recognize and avoid choices that could be detrimental to them. Ginsberg v. New York, 390 U.S. 629 (1968), illustrates well the Court's concern over the inability of children to make mature choices, as the First Amendment rights involved are clear examples of constitutionally protected freedoms of choice.”

Not Necessary

Jeopardizes Federal Funding for SBHC

  • ACA provides grants to School Based Health Centers (SBHC) under Section 42 USC 280h-5. (a)(3)(b) and clearly states parental consent is required for services provided to those children and adolescents in these centers. Providing services, including vaccines, to minors without parental consent at SBHCs could jeopardize federal funding.

Allows Minors to be Vaccinated at School Clinics without Parental Knowledge or Consent

  • According to the Colorado Dept. of Public Health & Environment (CDPHE), the School-Based Health Center Program (SBHC) funds 53 centers and providing vaccinations is a minimum requirement.  The  Colorado Health Institute in 2015 stated, roughly 35,000 Colorado children received primary and preventive health care services in SBHC.  If SB 016 is passed those preventive services for STIs, including vaccines, can be administered at SBHC without parental consent or knowledge.

Sincerely,

NVIC Advocacy Team
National Vaccine Information Center
http://NVIC.org and http://NVICAdvocacy.org
https://nvicadvocacy.org/members/Members/ContactUs.aspx

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