Posted on 02/05/2007 7:13:36 AM PST by Froufrou
Bypassing the Legislature altogether, Republican Gov. Rick Perry issued an order Friday making Texas the first state to require that schoolgirls get vaccinated against the sexually transmitted virus that can cause cervical cancer.
By using an executive order, Perry sidestepped opposition in the Legislature from conservatives and parents-rights groups who fear such a requirement would seem to condone premarital sex and interfere with the way Texans raise their children.
Beginning in September 2008, girls entering the sixth grade -- meaning, generally, girls ages 11 and 12 -- will have to receive Gardasil, Merck & Co.'s new vaccine against strains of the human papillomavirus, or HPV.
Perry also directed state health authorities to make the vaccine available free to girls 9 to 18 who are uninsured or whose insurance does not cover vaccines. In addition, he ordered that Medicaid offer Gardasil to women ages 19 to 21.
Perry, a conservative Christian who opposes abortion and stem-cell research using embryonic cells, counts on the religious right for his political base. But he has said the cervical cancer vaccine is no different from the one that protects children against polio.
"The HPV vaccine provides us with an incredible opportunity to effectively target and prevent cervical cancer," Perry said.
Merck is bankrolling efforts to pass state laws across the country mandating Gardasil for girls as young as 11 or 12. It doubled its lobbying budget in Texas and has funneled money through Women in Government, an advocacy group made up of female state legislators around the country.
Perry has ties to Merck and Women in Government. One of the drug company's three lobbyists in Texas is Mike Toomey, Perry's former chief of staff. His current chief of staff's mother-in-law, Texas Republican state Rep. Dianne White Delisi, is a state director for Women in Government.
The governor also received $6,000 from Merck's political action committee during his re-election campaign.
The order is effective until Perry or a successor changes it, and the Legislature has no authority to repeal it, said Perry spokeswoman Krista Moody. Moody said the Texas Constitution permits the governor to order other members of the executive branch to adopt rules like this one.
Texas allows parents to opt out of inoculations by filing affidavits objecting to vaccines on religious or philosophical reasons. Even with such provisions, however, conservative groups say such requirements interfere with parents' rights to make medical decisions for their children.
Texas Administrative Code
Next Rule>>
TITLE 25 HEALTH SERVICES PART 1 DEPARTMENT OF STATE HEALTH SERVICES CHAPTER 97 COMMUNICABLE DISEASES SUBCHAPTER B IMMUNIZATION REQUIREMENTS IN TEXAS ELEMENTARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF HIGHER EDUCATION RULE §97.62 Exclusions from Compliance
Exclusions from compliance are allowable on an individual basis for medical contraindications, reasons of conscience, including a religious belief, and active duty with the armed forces of the United States. Children and students in these categories must submit evidence for exclusion from compliance as specified in the Health and Safety Code, §161.004(d), Health and Safety Code, §161.0041, Education Code, Chapter 38, Education Code, Chapter 51, and the Human Resources Code, Chapter 42. (1) To claim an exclusion for medical reasons, the child or student must present a statement signed by the child's physician (M.D. or D.O.), duly registered and licensed to practice medicine in the United States who has examined the child, in which it is stated that, in the physician's opinion, the vaccine required is medically contraindicated or poses a significant risk to the health and well-being of the child or any member of the child's household. Unless it is written in the statement that a lifelong condition exists, the exemption statement is valid for only one year from the date signed by the physician.
(2) To claim an exclusion for reasons of conscience, including a religious belief, a signed affidavit must be presented by the child's parent or guardian, stating that the child's parent or guardian declines vaccinations for reasons of conscience, including because of the person's religious beliefs. The affidavit will be valid for a two-year period. The child, who has not received the required immunizations for reasons of conscience, including religious beliefs, may be excluded from school in times of emergency or epidemic declared by the commissioner of public health.
(A) A person claiming exclusion for reasons of conscience, including a religious belief, from a required immunization may only obtain the affidavit form by submitting a written request to the department. The request must include the following:
(i) full name of child;
(ii) child's date of birth (month/day/year);
(B) Written requests must be submitted through the United States Postal Service (or other commercial carrier), by facsimile, or by hand delivery to the department's Bureau of Immunization and Pharmacy Support, 1100 West 49th Street, Austin, Texas 78756.
(C) Upon request, one affidavit form for each child will be mailed unless otherwise specified (shall not exceed a maximum of five forms per child).
(D) The department shall not maintain a record of the names of individuals who request an affidavit and shall return the original request with the forms requested.
(3) To claim an exclusion for armed forces, persons who can prove that they are serving on active duty with the armed forces of the United States are exempted from the requirements in these sections.
Source Note: The provisions of this §97.62 adopted to be effective April 1, 2004, 29 TexReg 3188
I don't think anyone here is against the idea of the vaccine in general. The "government bureacracy" is everything.
Make the vaccine available, but the governor has no authority to order all schoolgirls to be given it.
http://www.mysanantonio.com/news/metro/stories/MYSA020307.01A.cancer_vaccine.1bb3b7b.html
I wish I'd found this first. The real problem with this is that it's sexual discrimination. The shots were ordered just for girls, yet boy also carry the HPV virus.
The more I think about it, the madder I get.
This is quite similar to the North Carolina former Speaker of the House Jim Black, an optometrist. He took thousands of blank checks as campaign donations from fellow optometrists.
Then the State Legislature passed a bill REQUIRING children 5 years old to take an eye test before being admitted to Kindergarten. Big mistake. His cohort was tried and convicted for crimes, and Black should be.
Which was implemented by the Texas legislature, NOT an Executive Order.
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BTW- Where in the Education code does the Governor or the legislature get a medical authority?
(Remember, in order to be a legitimate authority, the People have to give the power to the government, the government doesn't just get to say "We CAN do this")
"There are far many more reasons to opt out than Religious or Moral grounds."
Yes, and concern about the effecacy or safety of the vaccine is one as well.
That said, the REAL reason so many Freepers have their panties in a wad about this is they THINK their little ones will never sin and dance great joy at the thought of EVIL SINNERS dying a miserable death --- getting what they deserve --- for the sin of premarital sex.
(And yes, I know premarital sex is a sin. I also know this world.)
The education code gives the Governor the authority to mandate "such vaccines as are deemed necessary for the public health."
He can quaratine and do all sorts of other things, too, in the event of epidemics.
"Mike Toomey, former chief of staff to Perry, is a lobbyist for Merck. The pharmaceutical company has donated $6,000 to Perry since 2005 and $38,000 to legislative leaders and lawmakers.
Merck spokesman Ray Kerins downplayed the company's role in Perry's order, saying "we're working in all 50 states to achieve the widest vaccination possible." He said those efforts vary from state to state."
$360 per shot??? Out of my pocket???
Rubbish! On Today, a woman stated that Merck has tried and failed to get this passed in 3 states prior to TX!
The boys are free to get the shots, as well.
It would be wise for them to do so, even though they personally suffer no ill effects from the virus.
Regards, Ivan
SNORT!
And King Perry subjected us to a streamlined form of 'democracy'...no legislature required.
I SO hope this winds up biting him in the you-know-where!
Forcible rape is really rare even since illegals have infiltrated this country with their "sexual mores."
No 11 - 12 yr old should be forced to get any vaccine that "might" prevent them from "getting cancer" based upon presumed promiscuous sexual conduct.
Suppose, one day there is a 'discovery' of a "Gay Gene" and there is a vaccination that will pre-empt its activation before adolescence sets in. Would the Left have a hissy fit if the Governor of any state mandated its use before Middle School?............
Guess Rick Goodhair has seen how Queen Pelosi does it.
Why in the world does Texas have such a law on its books that allows a governor to make law and the people's representatives in the legislature can't over-ride it? Why vote, if this is so? I don't recall another Texas governor ever doing such a thing. At the very least, there definitely needs to be a thorough investigation of his ties to Merck. Something is rotten here.
Another thought...if this vaccine proves to be harmful to these girls later, will the state of Texas be liable for their injury or sterility?
As much as everyone wants to call it a cancer vaccine, it isn't.
It's a vaccination against a couple (of the hundreds) of viral infections that cause genital warts, which may or may not lead to cancer.To my knowledge, there have been no peer-reviewed papers published on this connection.
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He can quarantine and do all sorts of other things, too, in the event of epidemics.
If it were an issue concerning the 'public' health or an epidemic, boys would be receiving it as well since they too can have the HPV virus.
Check out the link in post #26.
"Nonsense. You can still opt out of all vaccinations"
With no repercussions?
This is what happens when one fails to engage brain prior to acting.
Exactly.
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