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Fines, Jail Used to Enforce Flu Shot Rules
hosted.ap.org ^ | Oct 16, 2004 | AMY F. BAILEY

Posted on 10/16/2004 5:33:17 AM PDT by foolscap

LANSING, Mich. (AP) -- Thinking of trying to wheedle a flu shot from your doctor even though you're not at high-risk for flu complications? Forget about it in Michigan. Or Washington, D.C. Or Massachusetts.

As the vaccine shortage hits home and long lines queue around the supermarket, a handful of states and the nation's capital are threatening doctors and nurses with fines or even jail if they give flu shots to healthy, low-risk people.

Health officials downplay the punishment and say that most health care workers are following the guidelines.

"But there are people who are unsure and there are consumers who are not necessarily being as civic-minded as we would like. ... This just provides us with some backup," said Janet Olszewski, Michigan's director of community health, who issued the order Thursday.

There are about 3.4 million people in Michigan considered a priority for a flu shot this fall - primarily the elderly, children 6-23 months, the chronically ill, pregnant women and certain health care workers. But the state only has about 2 million doses, Olszewski told The Associated Press.

Health care violators in Michigan face a misdemeanor punishable by up to six months in jail and a $200 fine if convicted, the health director said.

At least four other states - Massachusetts, New Mexico, Oregon and Wisconsin - and Washington, D.C., have issued similar orders with varying penalties.

"It's a strong step," agreed Dr. Gregg Pane, acting director of the District of Columbia Department of Health, whose order took effect Friday.

In Washington, violators could be fined up to $1,000, and Pane said the health department would investigate complaints. In Wisconsin, penalties include up to 30 days in jail and a $500 fine. In Massachusetts, the penalty is a $200 fine per infraction and six months in jail.

"It's not rationing," said Massachusetts Public Health Commissioner Christine Ferguson. "It's being rational about how to reduce the number of deaths that could result from a serious flu season."

The doctor for a Boston nursing home called the state order controlling what the private sector can do with its own medicine "unprecedented." It makes it difficult for public flu shot clinics to continue, since many can't verify a "high risk" status for patients, said Dr. John Foster. But he said the action was needed.

"I think it is a public health crisis," said Foster, medical director for the North End Rehabilitation and Nursing Center. "They can't wait and give vaccines out to people who shouldn't get it."

The nation is only getting about half the 100 million flu shots it had expected for the current flu season. One of two primary vaccine suppliers, Chiron Corp., is barred from shipping its vaccine from a British factory because of contamination problems.

The United States has no stockpile of vaccine and no authority to ration shots, a job that is left to the states, which have their own laws on public health emergencies.

Some states like Oregon and New Mexico have only civil penalties to enforce their orders that flu shots be given only to high-risk patients. In those states, fines and sanctions from medical licensing boards are possible.

Even so, "we are taking it very seriously," Lorraine Duncan, Oregon's immunization program manager, said Friday. "We are asking people to report an incident and we will investigate each one."

Since Oregon's order took effect a week ago, two complaints of healthy people getting shots have been checked out. But Duncan said there was no wrongdoing and offered an example: A 42-year-old getting a flu shot might look perfectly healthy to an outsider, but could have a chronic illness or might be a health care provider.

California's health chief has also ordered flu shots be reserved only for those at high-risk, but that state has even less authority.

"The real value of the order is this: When a provider has a relationship with a patient who is demanding a flu shot, the provider can point to the order...said health services spokesman Ken August. "It emphasizes the seriousness of the situation, not just in California, but nationwide."


TOPICS: Crime/Corruption; Culture/Society; Extended News; News/Current Events
KEYWORDS: fluvaccine
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1 posted on 10/16/2004 5:33:17 AM PDT by foolscap
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To: foolscap
"It's a strong step," agreed Dr. Gregg Pane, acting director of the District of Columbia Department of Health, whose order took effect Friday. In Washington, violators could be fined up to $1,000, and Pane said the health department would investigate complaints.

Any takers for a $5 bet that Members of Congress are exempt?

2 posted on 10/16/2004 5:36:32 AM PDT by Jim Noble (FR Iraq policy debate begins 11/3/04. Pass the word.)
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To: Jim Noble

Sucker bet.


3 posted on 10/16/2004 5:44:06 AM PDT by rockprof
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To: foolscap

Classic example of a media-manufactured crisis.


4 posted on 10/16/2004 5:49:29 AM PDT by ItsOurTimeNow (Amos 6:1-7)
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To: foolscap

How many people have had pediatricians suggest they vaccinate toddlers or children for the flu, before the last couple of scares? My doctor told me kids didn't need flu shots.

What gives? Is it simply a position to keep from being sued?


5 posted on 10/16/2004 5:51:21 AM PDT by Darnright
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To: foolscap

This ruling is over the line. This is America, not old Russia. Not that I'd want to get a flu shot not believing they're effective, but it's wrong to fine people of any age not to have the freedom to get a shot if they wish.


6 posted on 10/16/2004 5:52:22 AM PDT by mtbopfuyn
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To: ItsOurTimeNow

I'm saving all the media stories on the vaccine cris on 15 new hard drives. I'm stockpiling the news in case it's needed later this year after Bush is reelected.

Stockpiled news is always a good thing to have in emergency.


7 posted on 10/16/2004 5:53:40 AM PDT by bert (Peace is only halftime !)
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To: foolscap

Enough already!! You're not going to die from the flu!!


8 posted on 10/16/2004 5:54:00 AM PDT by AmericanChef
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To: mtbopfuyn

Big Brother will decide who will live or die after we get complete health care. That used to be the job of The Almighty but since man has been determined to be so infallible, he now has to be given the job.


9 posted on 10/16/2004 5:59:21 AM PDT by meenie
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To: Jim Noble
Any takers for a $5 bet that Members of Congress are exempt?

That's because they have Blue Cross-Blue Shield :)

10 posted on 10/16/2004 5:59:52 AM PDT by foolscap
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To: AmericanChef

36,000 people last flu season would disagree!


http://www.cnn.com/2003/HEALTH/conditions/01/07/flu.deaths/

....An estimated average of 36,000 people die from flu-related complications each year in the United States, up from 20,000 in previous estimates, according to data published in Wednesday's issue of the Journal of the American Medical Association......


11 posted on 10/16/2004 6:07:04 AM PDT by WilliamWallace1999
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To: foolscap
I just had a major tinfoil moment. What if this is all a giant setup and these so-called "flu" shots are actually a more nefarious kind of medication that the government actually wants ALL citizens to get?

The scenario is Machiavellian in its simplicity: claim a sudden shortage of a basic commodity, whip up artificial hysteria in the media about it, then slowly make substitute stocks of the "vaccine" available over the coming month. The media stories about long lines for flu shots are Advertising 101 - make a commodity desirable by inducing an artificial shortage of it.

Hey, it worked for Cabbage Patch Dolls ...

(Tinfoil OFF)

12 posted on 10/16/2004 6:11:58 AM PDT by asgardshill (Got a lump of coal? Tell Mary Mapes to 'shove it' - in 2 weeks you'll have a diamond.)
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To: AmericanChef

Influenza-Associated Deaths in Children Aged <18 Years
A few kids disagree too.


http://www.cdc.gov/mmwr/preview/mmwrhtml/mm5313a2.htm



....As of March 27, 2004, CDC had received reports of 142 influenza-associated deaths in U.S. residents aged <18 years occurring in the current season (3). This number represents 21 additional deaths reported since the previous update (1). All patients had evidence of influenza virus infection detected by rapid-antigen testing or other laboratory tests. These data are preliminary and subject to change as more information becomes available.....


13 posted on 10/16/2004 6:12:50 AM PDT by WilliamWallace1999
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To: Jim Noble
The vaccine debacle is just a preview of coming attractions if the Democrats realize their plan to totally take over healthcare.
14 posted on 10/16/2004 6:13:43 AM PDT by Uncle Vlad
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To: foolscap

"Forget about it in Michigan. Or Washington, D.C. Or Massachusetts."

Not surprising that it is two blue states and one blue appendage is it?


15 posted on 10/16/2004 6:19:19 AM PDT by pepperdog
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To: foolscap
Socialized Medicine coming to your town soon yesterday?
16 posted on 10/16/2004 6:21:08 AM PDT by tubebender (If I had known I would live this long I would have taken better care of myself...)
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To: Darnright

True --- I've never had a flu shot, never had one as a child, my kids never had one either, none of us died.


17 posted on 10/16/2004 6:27:12 AM PDT by FITZ
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To: asgardshill

The government tells you what you need and tells you if you can have it.


18 posted on 10/16/2004 6:28:49 AM PDT by FITZ
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To: FITZ
The government tells you what you need and tells you if you can have it.

if the government resorts to telling us what we can and cannot have and what we need.. are we still free

despite popular belife nowadays by liberals, its still we the people the govt answers to us,less of course you dont vote,and people wonder why things are how they are

if you dont vote,then your voice isnt heard

such an idea kerry would love nothing more than to have is to silence the voice of the people and go with his , oh what was it.."father knows best" im sorry but to me bush is a better father figure than Hanoi john ever could be

19 posted on 10/16/2004 6:32:05 AM PDT by MetalHeadConservative35 (George Bush : The man of the 21st century)
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To: FITZ
The government tells you what you need and tells you if you can have it.

"You'll get NOTHING and like it!"


20 posted on 10/16/2004 6:33:29 AM PDT by asgardshill (Got a lump of coal? Tell Mary Mapes to 'shove it' - in 2 weeks you'll have a diamond.)
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