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The DC Council is pushing three bad bills

OPPOSE B24-0890, B24-0891 & B24-0942: Allows Some Minors to Consent to Vaccines & Allows Providers to Vaccinate Minors After Failed Attempt to Obtain Consent


VFK is sharing this post on behalf of NVIC


Virginia and Maryland please share with DC friends and family.


The DC Council is pushing three similar bad bills in an attempt to work around the striking down of the DC Minor Consent Law by a federal judge. DC bills B24-0890, B24-0891, and B24-0942 allow certain minors to consent to vaccines on their own, and also allows providers to go ahead and vaccinate minors without parental consent by assuming consent after only attempting to obtain consent. Both the "emergency" version and "temporary" versions of the bill have already passed the Council, and the members are also working on passing a regular version. The reason the Council is forwarding three versions of the same bill is because each type of legislation will have a different effective date and length of time that its provisions may be enforced. The push to pass these bills is even more concerning because of the current COVID-19 vaccine mandate for all public, private, and parochial DC school students.

B24-0890, the Consent for Vaccinations of Minors Emergency Amendment Act of 2022, passed the Council in a 12-1 vote on 6/28/2022. Since it is "emergency" legislation which may be in effect for no longer than 90 days, it does not require congressional approval, and has been transmitted to the Mayor's office for review. We need calls and emails to DC Mayor Muriel Bowser to ask her to veto this bill. Her response is due on 7/25/2022.

B24-0891, the Consent for Vaccinations of Minors Temporary Amendment Act of 2022, is "temporary" legislation, and passed the DC Council on Tuesday, July 12th. We need calls and emails to DC Mayor Muriel Bowser to ask her to veto this bill as well, since it has also been transmitted to the Mayor's office with and her response is due on 8/4/2022. This bill must undergo both mayoral review and congressional review. If it passes these steps, it may be in effect for no longer than 225 days. You may want to watch Council Member Trayon White Sr.’s eloquent and spot on opposition to this bill from a legislative meeting held on 6/28/2022. You can scroll to the 2:21:01 mark at http://dc.granicus.com/MediaPlayer.php?view_id=2&clip_id=7542.

B24-0942, the Consent for Vaccinations of Minors Amendment Act of 2022, is the regular version of the bill. Unlike the emergency and temporary versions, it will undergo the normal legislative process for DC bills and its provisions do not have an expiration date. It was introduced on 7/13/2022, and will be referred to the Council Committee on Health on 9/20/2022. Calls and emails to the DC councilmembers are needed to ask them to oppose the bill.

[NOTE: The DC Council is in recess until September 15th, so calls to the Mayor's office asking her to veto B24-0890 and B24-0891 should be prioritized for now]

All three of these bills repeal a law that went into effect in 2021 (Passed as bill B23-0171) which allowed minors 12 and older to consent to any ACIP recommended vaccine without parental consent or knowledge and requires schools, providers and insurance companies to conceal this information from parents (Subsection 600.9 of Title 22-B of the District of Columbia Municipal Regulations 51 (22-B DCMR § 600.9)). This law was challenged in court and in March 2022 the court issued a preliminary injunction prohibiting the law from taking effect.

These new bills allow an emancipated minor, a minor who is married or previously has been married, an unaccompanied homeless minor, a minor who is or has been pregnant, or a minor who is separated from their parents or legal guardian for whatever reason and is not supported by their parents or guardian, may consent to receive a vaccine recommended by the United States Advisory Committee on Immunization Practices (“ACIP”), and receipt of the vaccine is in accordance with ACIP’s recommended immunization schedule.

These bills also dangerously allow a vaccine provider to vaccinate a minor if the vaccine provider reasonably attempts to obtain consent from the minor’s parent or legal guardian either in person, in writing, or by telephone, and there is no objection from the parent or legal guardian. Consent of the parent or legal guardian may be assumed if the vaccine provider cannot notify the parent or legal guardian after at least a reasonable attempt to notify has been made.

These bills apply to any child in DC, and do not require the child to reside in DC, so visiting families will have children at risk of being vaccinated without parental consent if these bills pass.

These bills also amend Section 3(a) of the Student Health Care Act of 1985, effective December 2, 1985 (D.C. Law 6-66; D.C. Official Code § 38-602(a)) to read as follows:

“(a) Except as provided in section 4, each student attending prekindergarten through grade 12 in a public, public charter, private, or independent school in the District of Columbia shall furnish the school annually with a certificate of health completed and signed by a physician.

The original language does not include the words "except as provided in section 4." Section 4 stipulates that attendance will not be affected, but there is a fine not to exceed $100 per school year.

All three of these bills are sponsored by Councilmember Gray, with Councilmember Cheh as an additional sponsor for B24-0942.

ACTION NEEDED:

1) Contact DC Mayor Muriel Bowser and ask her to veto both B24-0890 and B24-0891.

Phone: 202-727-2643

Email: eom@dc.gov

Click here to access the online "Ask the Mayor" submission form.

2) Contact DC Council members and ask them to oppose B24-0942.

Councilmembers and Phone Numbers

Chairman Phil Mendelson: 202-724-8032

Councilmember Kenyan R. McDuffie: 202-724-8028

Councilmember Anita Bonds: 202-724-8064

Councilmember Elissa Silverman: 202-724-7772

Councilmember Robert C. White Jr.: 202-724-8174

Councilmember Christina Henderson: 202-724-8105

Councilmember Brianne K. Nadeau: 202-724-8181

Councilmember Brooke Pinto: 202-724-8058

Councilmember Mary Cheh: 202-724-8062

Councilmember Janeese Lewis George: 202-724-8052

Councilmember Charles Allen: 202-724-8072

Councilmember Vincent C. Gray: 202-741-8068

Councilmember Trayon White Sr: 202-724-8045

(Copy and paste the following emails into the "to" field of your email program:

pmendelson@dccouncil.us, kmcduffie@dccouncil.us, abonds@dccouncil.us, esilverman@dccouncil.us, rwhite@dccouncil.us, chenderson@dccouncil.us, bnadeau@dccouncil.us, bpinto@dccouncil.us, mcheh@dccouncil.us, jlewisgeroge@dccouncil.us, callen@dccouncil.us, vgray@dccouncil.us, twhite@dccouncil.us

3) Please share this email with family and friends, or you can tell them to go to http://NVICAdvocacy.org and click on the alert for District of Columbia B24-0890, B24-0891, and B24-0942

4) Login to the NVIC Advocacy portal OFTEN to check for updates. http://NVICAdvocacy.org. We review bills and make updates daily. 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.

TALKING POINTS (Personalize to share how this bill affects you and your family):

  • B24-0890, B24-0891, and B24-0942 are bad bills which could bring great harm to not only DC families, but any child visiting DC. These would allow providers to vaccinate children without parental consent, as long as a provider makes a "reasonable attempt" to contact the parents for permission. In addition, these bills allows minors facing certain life circumstances to consent to vaccines on their own without the consent of their parents or guardians.

  • These bills are essentially a workaround for the federal court decision earlier this year regarding another DC minor consent law. On March 18, 2022 federal judge Trevor N. McFadden blocked a Washington, D.C. law that allowed children in the nation’s capital to receive a vaccine without parental consent. Judge McFadden concluded that the National Childhood Vaccine Injury Act (NCVIA) likely preempts the Minor Consent Act (MCA) and that both of the plaintiff parents have shown that the MCA likely violates their Free Exercise rights.

  • The push to pass these bills is even more concerning because of the current COVID-19 vaccine mandate for all public, private, and parochial DC school students. Children are at risk of being targeted and hunted down to get vaccinated in school based vaccine clinics even if their parent does not respond to a contact attempt by a vaccine provider.

  • These bills are predatory in nature. They allow some minors who are facing difficult life circumstances to consent to potentially harmful vaccines completely on their own, and allows providers to go ahead and vaccinate other children without parental consent in other scenarios.

  • Children and adolescents are vulnerable to peer and authority-figure persuasion. These bills set the stage for medical practitioners, schools, and others to coerce impressionable minor children into a medical procedure that is capable of causing injury or death behind their parents' backs.

  • Vaccines are pharmaceutical products that carry a risk of injury and death. Minor children may not be aware of family and their own personal history of vaccine reactions or personal contraindications to relay to the vaccine administrator.

  • If a minor child is vaccinated without parental knowledge and has a reaction, the parent may not recognize vaccine reaction symptoms and the reason for the child's sudden personality change and decline in physical, mental, or emotional health. This lack of knowledge could be life threatening for the child and may prevent the parent from seeking immediate medical care.

  • Federal legislative history provides evidence that Congress never intended for a minor child to make decisions to get a vaccine without parents' knowledge or consent. When the National Childhood Injury Act of 1986 was passed, the Act clearly stated that before the administration of vaccines to a child, a health care provider shall give a copy of the CDC's vaccine information materials to the "parent or legal representative of any child to whom the provider intends to administer such vaccine..."

  • The CDC confirms that there is a requirement that their Vaccine Information Statement (VIS) is provided to the parent/legal guardian prior to vaccination of a minor child on their VIS Q&A page. 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 "YES."

  • These requirements under federal law for a parent to be educated with CDC materials prior to their minor child being vaccinated will not be met if a child is vaccinated without affirmative opt-in informed parental consent.

  • Under the National Childhood Vaccine Injury Act of 1986, Congress gave partial liability protection to vaccine manufacturers and then added an amendment giving vaccine administrators liability protection from vaccine injury lawsuits in 1987. In 2011, the U.S. Supreme Court judges in Bruesewitz et al v. Wyeth et al affirmed that government licensed and recommended childhood vaccines were “unavoidably unsafe” and effectively removed all remaining liability from vaccine manufacturers.

  • Today, pharmaceutical companies making and selling vaccines and doctors and other vaccine administrators have no legal accountability or financial liability in civil court when a mandated vaccine causes permanent injury or death. Children being vaccinated without consent of their parents are not likely to understand the legal ramifications if they are injured.

  • Unlike medical, school, or other personnel administering vaccines, parents are legally accountable and financially responsible for the healthcare and education of a minor child when that child experiences a vaccine reaction and becomes chronically ill or disabled.

  • There is scientific evidence that the physical, mental, and emotional development of children, including adolescents, varies and is often not sufficient to enable children to make well-reasoned decisions about risk taking involving their health and well-being.

  • Children do not have the same kind of critical thinking skills or emotional maturity required to make a well-informed vaccine benefit-risk decision compared to an adult. Vaccines can cause injury and death as evidenced by the creation of a federally operated Vaccine Injury Compensation Program (VICP), which has paid out almost $4.8 billion dollars to vaccine victims.

  • The legal right of parents to give their informed consent for minor children to take medical risks, which can result in injury or death, trumps the goals of government health agencies or vaccine corporations and medical organizations, whose employees, stockholders, or members profit or professionally benefit from increased, widespread vaccine use.

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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