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Vaccine mandates for day care workers and volunteers, no personal or religious exemptions

Location: CA
Title: Vaccine mandates for day care workers and volunteers, no personal or religious exemptions
Identifier: SB 792
Stance: OPPOSE
Action Required: None at this time
Status: Signed by the Governor on 10/11/15

Description:

UPDATE: 10/11/2015 - Governor Brown announced that he signed SB 792 on 10/11/15.

UPDATE: 9/10/5 - SB 792 passed the senate and will now go to the Governor's for his signature.  

ACTION NEEDED:

Contact Governor Brown and ask him to VETO SB 792. 

Mailing address:

Governor Jerry Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814

Phone: (916) 445-2841 
Fax: (916) 558-3160

https://govnews.ca.gov/gov39mail/mail.php 


UPDATE: 9/9/15 - SB 792 passed the full assembly by a recorded vote of 60 yes, 16 no and 4 note recording a vote. The bill is currently in the senate pending senate approval of assembly amendments.

ACTION NEEDED:

Contact your California State Senator and tell them to VOTE NO on SB 792 assembly amendments, which includes new mandates for volunteers.

http://leginfo.legislature.ca.gov/faces/billVotesClient.xhtml?bill_id=201520160SB792 - text, status and history for SB 792

09/08/15(PASS)Assembly Floor60164SB 792 Mendoza Senate Third Reading By CALDERON
  Ayes: Alejo, Travis Allen, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Weber, Wood, Atkins
  Noes: Achadjian, Brough, Dahle, Beth Gaines, Gallagher, Grove, Harper, Jones, Linder, Mathis, Mayes, Melendez, Obernolte, Patterson, Waldron, Wilk
  No Votes Recorded: Bigelow, Chávez, Olsen, Williams

UPDATE: 9/5/2015:

Dear California NVIC Advocacy Team Members,

SB 792, the bill to mandate MMR, TDaP and Flu Vaccines for day care workers, was amended on Sept. 4, 2015.  Now the new mandates will not only apply to anyone working in a day care center or family day care home, but also anyone who volunteers in one of these licensed facilities.  

Text of SB 792 as amended on 9/4/15 - http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0751-0800/sb_792_bill_20150904_amended_asm_v92.pdf

SB 792 is currently listed as item number 46 on the Tuesday, Sept. 8th agenda for third reading and final vote by the full assembly.    http://assembly.ca.gov/dailyfile

ACTION NEEDED:

Call and fax your California State Assembly Member at both their district office and their capitol office and tell them to VOTE NO on SB 792 when it comes up for a vote by the full assembly.

Enter your address here: http://findyourrep.legislature.ca.gov/  for your State Assembly Member’s contact information.  Find the location of your State Assembly Member’s district office here -http://assembly.ca.gov/assemblymembers.   

TALKING POINTS ON SB 792 – OPPOSE SB 792

§   SB 792 forces vaccination as a condition of employment or volunteering in a day care center with no exemptions other than limited medical exemptions.

§  Day care workers shouldn’t have to choose between a vaccine and their job or being a volunteer.

§  Vaccines are already available to any adult who wants them, so what this bill is really about is forcing vaccination on those who don’t voluntarily want to be vaccinated in order to keep their jobs or volunteer. 

§  There is no crisis warranting government forced vaccination of day care center employees and volunteers. There is no state or federal agency demonstrating a need through any scientific research or epidemiological studies for the mandatory vaccination of day care workers or volunteers.

§  There is NO personal belief exemption in the bill. Most states don’t have day care worker mandates. While Texas does require vaccines of daycare workers, they have conscientious exemptions required by law. Day care workers who don’t agree with all of the CDC recommended adult vaccines could lose their jobs if this bill passes and there will be fewer adults willing to volunteer.  

§  Vaccines are pharmaceutical products that cause injury and death for some.  The United States Government has paid out more than $3 billion dollars to vaccine victimsMany more people have adverse reactions.  Nobody can predict who will be harmed from vaccines.

§  Vaccines manufacturers and the doctors who administer vaccines are completely shielded from liability for vaccine injuries and deaths. California workman’s compensation programs will have to pay for employees who are injured as a result of vaccine requirements for their jobs.  This is not included in the fiscal note for the bill.

§  Vaccines fail sometimes where even fully vaccinated people become infected.  Nobody can predict who will or will not respond to vaccines.

§  The current CDC adult recommended vaccination schedule includes vaccines for Influenza, Tetanus, diphtheria, pertussis (Td/Tdap), Varicella, Human papillomavirus (HPV), Measles, mumps, rubella (MMR), Pneumococcal 13-valent conjugate (PCV13), Pnumococcal polysaccharide (PPSV23), Shingles, Meningococcal, Hepatitis A, Hepatitis B, and Haemophilus influenzae type b (Hib). If this bill passes and becomes law, other mandates will most likely be added.

§  There are hundreds of new vaccines in development including some of the following in clinical trials that could be considered controversial for religious reasons: HIV, herpes, E. coli, dengue fever, avian influenza, smallpox, tuberculosis, typhoid, norovirus, cholera, smoking cessation, syphilis, and gonorrhea. If vaccine manufactures and others who profit from forced vaccination convince legislators take away school employees rights to delay or decline a vaccine now for whatever reason, including a religious belief, what will our future look like for this and other employment scenarios for adults?

§  In the past 5 years, drug makers have paid the U.S. Government $19.2 billion in criminal and civil FRAUD penalties.  Skepticism of the pharmaceutical industry is well deserved.

§  Physicians, in the American Medical Association Code of Ethics, affirm RELIGIOUS and philosophical exemptions for themselves. See Opinion 9.133 Routine Universal Immunization of Physicians.  Day care workers and volunteers should have that same right.


UPDATE: 8/28/2015 - SB 792 was amended and passed the Assembly Appropriations Committee on 8/26/15 and passed 2nd reading on 8/27/15.  The amendment adds a requirement to provide current tuberculosis clearance.  The current version still requires pertussis and measles vaccines for day care workers with no religious or personal belief exemptions. 

ACTION NEEDED:

Contact your California State Assembly Member and tell them to VOTE NO on SB 792 when it comes to the floor for a vote. 

http://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160SB792 - current version of AB 792


UPDATE: 7/14/2015 - SB 792 passed the Assembly Human Services Committee on July 14, 2015.  There was an amendment adopted to remove the criminal penalty. 

UPDATE: SB 792 passed the Assembly Human Services Committee on July 14, 2015 and was re-referred to appropriations.

UPDATE: 7/4/2015 - SB 792 passed the Assembly Health Committee on June 30, 2015.  The bill is scheduled for a hearing in the Assembly Human Services Committee on July 14, 2015 at 1:30 p.m. - State Capitol, Room 437. 

http://ahum.assembly.ca.gov/hearings - hearing agenda

ACTION NEEDED: 

Contact members of the Assembly Human Services Committee and ask them to oppose SB 792.  http://ahum.assembly.ca.gov/membersstaff 

  • TALKING POINTS ON SB 792 – OPPOSE SB 792

  • SB 792 forces vaccination as a condition of employment for childcare workers with no exemptions other than strict limited CDC approved medical contraindications.

  • Childcare workers shouldn’t have to choose between a vaccine and their job.

  • Vaccines are already available to any adult who wants them, so what this bill is really about is forcing vaccination on those who don’t voluntarily want to be vaccinated in order to keep their jobs. 

  • There is no crisis warranting government forced vaccination of childcare employees. There is no state or federal agency demonstrating a need through any scientific research or epidemiological studies for the mandatory vaccination of childcare workers.

  • There is NO personal belief exemption in the bill. Most states don’t have child care worker mandates. While Texas does require vaccines of daycare workers, they have conscientious exemptions required by law. Childcare workers who don’t agree with all of the CDC recommended adult vaccines could lose their jobs if this bill passes. 

  • Vaccines are pharmaceutical products that cause injury and death for some.  The United States Government has paid out more than $3 billion dollars to vaccine victimsMany more people have adverse reactions. Nobody can predict who will be harmed from vaccines.

  • Vaccines manufacturers and the doctors who administer vaccines are completely shielded from liability for vaccine injuries and deaths. California workman’s compensation programs will have to pay for employees who are  injured as a result of vaccine requirements for their jobs.  This is not included in the fiscal note for the bill.

  • Vaccines fail sometimes where even fully vaccinated people become infected.  Nobody can predict who will or will not respond to vaccines.

  • The current CDC adult recommended vaccination schedule includes vaccines for Influenza, Tetanus, diphtheria, pertussis (Td/Tdap), Varicella, Human papillomavirus (HPV), Measles, mumps, rubella (MMR), Pneumococcal 13-valent conjugate (PCV13), Pnumococcal polysaccharide (PPSV23), Shingles, Meningococcal, Hepatitis A, Hepatitis B, and Haemophilus influenzae type b (Hib).

  • There are hundreds of new vaccines in development including some of the following in clinical trials that could be considered controversial for religious reasons: HIV, herpes, E. coli, dengue fever, avian influenza, smallpox, tuberculosis, typhoid, norovirus, cholera, smoking cessation, syphilis, and gonorrhea. If vaccine manufactures and others who profit from forced vaccination convince legislators take away school employees rights to delay or decline a vaccine now for whatever reason, including a religious belief, what will our future look like for this and other employment scenarios for adults?

  • In the past 5 years, drug makers have paid the U.S. Government $19.2 billion in criminal and civil FRAUD penalties. Skepticism of the pharmaceutical industry is well deserved.

  • Physicians, in the American Medical Association Code of Ethics, affirm RELIGIOUS and philosophical exemptions for themselves. See Opinion 9.133 Routine Universal Immunization of Physicians.  School employees should have that same right.


UPDATE: 6/29/2015 - SB 792 is scheduled for a hearing in the Assembly Health Committee for June 30, 2015.  The hearing starts at 1:30 PM in Room 4202. and SB 792 is scheduled to be heard last. 

http://ahea.assembly.ca.gov/hearings 

UPDATE: 6/25/2015 - SB 792 was amended and referred back to the Assembly Committee on Health.  The amendment clarifies that an employee shall receive an influenza vaccination between August 1 and December 1 of each year.  The exemption only applies for flu vaccines, not measles and pertussis.  Because you can not get individual vaccines for pertussis or measles, this bill in effect mandates measles, mumps, rebeola, tetanaus, diptheria and pertussis with no religious or personal belief exemptions. 

UPDATE: 5/29/2015 - SB 792 passed the full senate on 5/22/15 by a vote of 34 yes and 3 no. The no votes were Anderson, Moorlach and Morrell.  Fuller and Huff did not have a recorded vote. The bill is now in the assembly waiting to be referred to committee. 

UPDATE: 5/13/2015 - SB 792 is scheduled for a hearing in the Senate Appropriations Committee for 5/18/2105.

UPDATE: 5/5/2015 -SB 792 was amended to allow day care center or a family day care home workers to decline the flu vaccine.  However, only medical exemptions are allowed for all the other vaccines that will be mandated.  The amended version passed the Human Services Committee and was referred to the Appropriations Committee.  

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB792 - SB 792

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml - current as amended


UPDATE: 4/17/2015 - SB 792 passed the Senate Health Committee on 4/15/2015 on a vote of 8 yes and 0 no with not vote recorded by Nieslen. 
Ayes: Hall, Hernandez, Mitchell, Monning, Nguyen, Pan, Roth, Wolk
  Noes:
  No Votes Recorded: Nielsen
The bill will now go to the Senate Committee on Human Services.  The current bill status shows that SB 792 will be heard in Senate Human Services on  4/28/2015.
 http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB792 text, status and history for SB 792
http://shum.senate.ca.gov/agenda - agendas for Senate Human Services Committee
You can watch the video of this hearing here - http://calchannel.granicus.com/MediaPlayer.php?view_id=7&clip_id=2746 
UPDATE: 4/15/2015 - SB 792 is still scheduled to be heard last in the Senate Health Committee hearing today that starts at 1:30.  The bill originally mandated flu, pertussis and measles vaccines.  However, it has been amended to include all vaccines on the adult schedule. 
Commencing September 1, 2016, a person shall not be employed at a day care center if he or she has not been immunized according to the schedule for routine adult immunizations, as recommended by the federal Centers for Disease Control’s Advisory Committee on Immunization Practices, with the exception of immunization against human papillomavirus (HPV).

UPDATE: 4/3/2015 - The hearing in Senate Health for SB 792 has been rescheduled from 4/8/2015 to 4/15/2015.
http://shea.senate.ca.gov/agenda - Senate Health Committee agendas 
SB 792 was introduced on 2/27/2015 by Senator Mendoza.  This bill would add a new law that would prohibit day care centers or family day care homes from hiring anyone who has not been vaccinated with flu, pertussis and measles vaccines. The bill does not include any exemptions for these day care workers.  
http://sd32.senate.ca.gov/ - Senator Mendoza's legislative web page. 

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB792 - text of SB 792 as amended on April 7
http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0751-0800/sb_792_bill_20150227_introduced.html - text of SB 792 as introduced 
http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB792 - status and history for SB 792