ICAN Legislate opposes all vaccines mandates – full stop. The goal of the Vaccine Confidence Bill is two-fold.
First, a mandate that has an automatic exemption is no longer really a mandate. This bill would create an automatic exemption for every vaccine because not a single existing vaccine can meet the four conditions listed in the bill (nor can any without resulting in the vaccine being pulled from the market due to financial losses from lawsuits). Also, the bill would add this automatic exemption without removing any existing exemptions (religious, medical, philosophical) and the exemption created by the bill is one that is based on “science,” not religion or philosophy, and hence will be significantly harder to repeal by those supportive of vaccines.
Second, and maybe more critically, the bill is an educational tool because legislative representatives who are supportive of vaccines may, because of its title, support this bill, and as has happened frequently, others will get a quick education and will be shocked to learn that existing vaccines (including those mandated in their state) do not meet these four conditions. That alone makes this bill an invaluable tool.
The Bill
TITLE: An act to increase vaccine confidence.
PURPOSE: Assures the public that an exemption exists for required vaccines that do not meet certain minimal requirements.
JUSTIFICATION: Adding this exemption will increase confidence in mandated vaccines.
TEXT
Limited informed consent exemption to mandated vaccines.
A. To increase public confidence in vaccines, the department shall publicize that an exemption exists for required vaccines that do not meet the minimal standards provided in this part.
B. Notwithstanding any other law, a person who is required to receive a vaccine for any purpose may claim an exemption from the vaccine requirement if there is not a vaccine approved by the FDA to fulfill the requirement that meets the following criteria:
1. The clinical trial the FDA relied upon to approve the vaccine evaluated its safety for at least one year after it was administered against a control group that only received either (a) a placebo or (b) another vaccine licensed as provided in this paragraph.
2. The department posts on its website the injuries or diseases caused by the vaccine and the rate at which the injury or disease occurs from the vaccine.
3. The risk of permanent disability or death from the vaccine has been proven to be less than that caused by the infection it is intended to prevent.
4. The vaccine’s manufacturer has liability for the deaths or serious injuries, if any, caused by the vaccine.
C. The public shall be informed that a person may claim the exemption in subsection b on the person’s own behalf or on behalf of the person’s child or dependent, and that the department or any other state agency, board or commission may not require the person to meet any other condition or requirement to claim the exemption.
D. As used in this section the term “FDA” shall mean the united states food and drug administration and the term “any purpose” shall include as a condition of employment, school attendance, license, certification or degree.