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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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To: mtbopfuyn
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.

Apparently if the Bush administration had not defeated one of Hillary's bills, there would be enough flu vaccine to go around.

Or so one of my Dem friends tells me.

I'm not sure how one could "stockpile" flu vaccine; I thought it was formulated differently each year based on expected strains. I also recall last year when a shortage developed they said it took a long time to make more, so that wasn't an option.

21 posted on 10/16/2004 6:36:35 AM PDT by Amelia
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To: foolscap

I believe the legislators in MI are out of session. I heard nothing of such a law being passed in the state, unless it was done before the recess.

If our communist governor signed an executive order, it would be illegal. She should be impeached. If a bureaucrat did it, I expect to see him arrested and in jail within 24 hours.

I find this story very strange.


22 posted on 10/16/2004 6:49:23 AM PDT by sergeantdave (ATTENTION - Republicans vote Tuesday. Democrats on Wednesday.)
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To: foolscap
"But there are people who are unsure and there are consumers who are not necessarily being as civic-minded as we would like"

This line sums up the entire problem of American self-government. What are we: citizens or "consumers"?

For the past 20 to 30 years the ruling elites have restyled citizens as "customers." This is the way they have wanted us to think of ourselves. Customers have no responsibilites only rights to gratify their own desires without considering anyone else but customers also don't have any direct say over how businesses conduct themselves. At most "customers" may attempt to influence businesses by refusing their patronage, an often very slow and indirect method not at all comparable to traditional republican self-government in which citizens have an obligation to activly participate in determining public policy.

Then comes one of those occasions when the ruling elite needs the populace to act in an unselfish way (like a citizen) putting the needs of others over their own self-interest. I am not surprised that people (citizens?) who have been trained to think of themselves as "customers" will continue to think of themselves as such even during a vaccine shortage. This problem is entirely created by the ruling elites of both parties in government but as usual it will be the people (customers?) who have to suffer the consequenses.

23 posted on 10/16/2004 7:09:52 AM PDT by politeia
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To: foolscap
We are getting a small peek behind the curtain of what government-run health care is like...

..laundry lists of who's eligible for what
..shortages of medicines and care
..designated priority lists for scarce resources
..bureaucrats and lawyers running the system
..the marketplace made illegal
..exemptions for certain classes of preferred "customers"
..fines and jail time for "offenders" who try and skirt the system
..anguish and/or panic by those "left out" of care they need or want

Welcome to HillaryCare!

24 posted on 10/16/2004 7:32:28 AM PDT by Gritty ("Going back 9/10 means you'll have to learn the lessons of the morning after all over again-Mk Steyn)
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To: Amelia

There is plenty of flu vaccine --- but a large portion of it didn't pass quality checks. I would never get a flu shot in the first place --- but I definitely would not want to take any this year when they could either release some of that batch that didn't pass the quality checks or quickly whip up some more and release it without the proper checks.


25 posted on 10/16/2004 7:41:21 AM PDT by FITZ
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To: politeia

This is also a good example of globalism. The shortage happened in a foreign country, it's not even the result of a shortage here in this country. Luckily this isn't some shortage of something critical that we really need. Monopolies like this are not good thing because it makes us too dependent on foreign sources.


26 posted on 10/16/2004 7:43:52 AM PDT by FITZ
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To: foolscap

Boy, is this news "futuristic" like out of a Hollywood film ala "Soylant Green" or what?

Seems that gov't control of anything causes the need for gov't control of EVERYTHING, leaving no one resposible for anything.

The beat goes on...


27 posted on 10/16/2004 7:46:19 AM PDT by Blue Collar Christian (Drivers of SUVs without brush scratches should be horsewhipped! ><BCC>)
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To: MetalHeadConservative35

To me it's funny how these big stories are going --- West Nile for example --- the media tried to scare people about West Nile --- and there isn't a vaccine for that -- but we're still all here --- many of us likely with our own antibodies against West Nile --- we never even knew we got it.


28 posted on 10/16/2004 7:46:28 AM PDT by FITZ
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To: foolscap

Rush did a great piece on this and guess who is to fault? HITLERY!


29 posted on 10/16/2004 7:50:18 AM PDT by longfellow (You're either with US or from Hollywood! Ultimateamerican.com)
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To: foolscap
I'd bet the farm that several of these "lines of old people" are manufactured for the media by DNC operatives. This is top of the hour news now & the theme is to tie this W...once again.

I hate the slimey media like poison.

30 posted on 10/16/2004 7:55:35 AM PDT by Archie Bunker on steroids (.)
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To: FITZ

I don't take the flu vaccine either, but my parents and grandmother do....of course, they are older...


31 posted on 10/16/2004 8:41:41 AM PDT by Amelia
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To: Archie Bunker on steroids

It's funny --- they keep having local news questioning people about the flu shot shortage --- but it seems almost everyone just shrugs and says they weren't planning to get a shot anyhow. It's probably because those people they find to poll in the stores and public places never did need the shot.


32 posted on 10/16/2004 8:53:29 AM PDT by FITZ
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To: Archie Bunker on steroids

All those lines of old people have to do is get out of public places and put on a mask. They can take some steps to prevent breathing in viruses. It's silly that anyone is trying to make this into some kind of national hysteria.


33 posted on 10/16/2004 8:56:00 AM PDT by FITZ
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To: foolscap

I am absolutely stunned! Unbelievable!

I tell you what, I am 66 years old and diabetic. I would MUCH rather a young mother or father get my flu shot. Makes more sense to me.


34 posted on 10/16/2004 9:25:34 AM PDT by JudyB1938 ("A paranoid schizophrenic is somebody who just found out what's going on." - Wm S. Burroughs, Jr.)
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To: foolscap
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.

The monster has already been created. It's not a "public health crisis". It's a manufactured panic, in that the public has been "educated" about the importance of flu vaccination; now that it's not available, many people are in a panic. Don't misunderstand; I'm still an advocate for getting the vaccine, but if you don't get it, you most likely will still make it through the flu season alive. And it's rhetoric like this that makes things worse.

35 posted on 10/16/2004 6:01:36 PM PDT by Born Conservative (20 years of votes can tell you much more about a man than 20 weeks of campaign rhetoric-Zell Miller)
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To: Darnright
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?

The reason for the push to vaccinate children in recent years is based on the recommendation of the American Academy of Pediatrics to vaccinate those 6-23 months, and other children who are high risk (heart disease, asthma, other lung disease, etc.). Although the AAP is a borderline communist organization, the recommendation seems appropriate.

I have seen children under the age of 23 months who get the flu, and in several it has been a life-threatening situation. The risks associated with the vaccine are less than the risks of complications from the flu. However, there are conflicting studies over whether flu shots given to asthmatics actually help them or make their symptoms worse. If your kid is healthy, and above the age of 23 months, skip the shot.

36 posted on 10/16/2004 6:09:36 PM PDT by Born Conservative (20 years of votes can tell you much more about a man than 20 weeks of campaign rhetoric-Zell Miller)
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To: WilliamWallace1999

A pile of those older people would do well to get a shot for pneumonia. Normal, "healthy" adults are too eager to shoot themselves (and their kids up) with all kinds of stuff. Then they go out and eat junk food, drink beer, and drive too fast. Oh my!

I've heard the 36K numbers, and also much lesser ones due to categorical issues at the CDC. Either one is a very small number population-wise. Who do I believe? I just don't know.


37 posted on 10/17/2004 9:56:34 AM PDT by AmericanChef
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To: JudyB1938
I tell you what, I am 66 years old and diabetic. I would MUCH rather a young mother or father get my flu shot

I would MUCH rather my 66 year old mother get the flu shot than a bunch of illegal kids. May sound selfish but I think citizens should come before non-citizens and illegals at that.

38 posted on 10/17/2004 10:09:22 AM PDT by Gator Bill
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To: ItsOurTimeNow

absolutely right. they are creating a panic about this for political purposes.


39 posted on 10/17/2004 10:11:29 AM PDT by oceanview
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To: Gator Bill

You get no argument from me on that one! I do not believe anybody other than United States Citizens should get the benefits of our medical and social programs.

I may sound cruel and uncaring, but that's the way the cookie crumbles. I have no sympathy with the way foreignors are coming to our country and using up our tax dollars that could be best spent on our CITIZENS.

Look at how many middle class families can't afford medical care for themselves, but ... (I have to stop at this - otherwise I'd get banned for the horrible words that are spewing out of my head!)

To put it into a nutshell, I believe our first priority is to young mothers and fathers who are trying to raise the next generation of our nation.


40 posted on 10/17/2004 11:19:01 AM PDT by JudyB1938 ("A paranoid schizophrenic is somebody who just found out what's going on." - Wm S. Burroughs, Jr.)
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