Perry: executive order requiring young girls to be vaccinated against HPV wasn't mandatory

PolitiFact Check ^ | January 29, 2010

[Cincinatus' Wife]

When Gov. Rick Perry issued an executive order in 2007 requiring all Texas girls to receive a vaccine against the human papillomavirus before entering the sixth grade, lawmakers balked and blocked it.

Critics said the vaccine, Merck & Co.'s Gardasil, was too new to declare safe. Some said too that Perry's order would infringe on parental rights or give girls a false sense of security, leading them to be sexually active too young.

Sen. Kay Bailey Hutchison, one of Perry's opponents in the GOP gubernatorial primary, frequently slams Perry's stilled order.

Perry has stood by his action, most recently casting it as having created an optional vaccination requirement.

"That piece of legislation was not mandatory, in the sense of when you can say no, something's not mandatory," he said during the second Republican gubernatorial debate Jan. 29.

A just-say-no gubernatorial order? We decided to check.

What we found: On Feb. 2, 2007, Perry issued an executive order — not a piece of legislation, as he said — requiring the Texas Health and Human Services Commission to adopt rules mandating all girls entering sixth grade to receive a vaccination against the types of HPV, a sexually-transmitted virus, that causes most cases of cervical cancer and genital warts.

The order included an opt-out "in order to protect the right of parents to be the final authority on their children's health care." Perry ordered the Department of State Health Services to allow parents dissenting for philosophical or religious reasons to request a conscientious objection affidavit form. That form, which has been available since 2003, enables parents to enroll their children in public school even if they lack state-required immunizations. It's automatically granted as long as parents provide all required information.

According to the Department of State Health Service's 2008-09 immunization report, which uses data from kindergarten and seventh-grade students at 1,300 independent school districts and 800 private schools, 0.28 percent of the students filed conscientious objection forms.

Parents must renew exemption affidavits every two years to maintain their validity, according to Allison Lowery, assistant press officer at the Texas Department of State Health Services.

We thought the opt-out form for public-school students proved Perry correct until we learned that not all private schools accept the affidavit. That means some private schools may not allow their students to exempt themselves from any state-required vaccinations. Some 15 percent of more than 1 million Texas girls in fifth through 12th grade in 2008 were enrolled in private schools, according to the U.S. Census Bureau.

According to a 2006 Texas Attorney General's opinion: "A private school that does not accept state tax funds is not required to accept for enrollment a child who has received an exemption from the immunizations required by the Texas Health and Safety Code."

In its policy for Catholic schools, the Catholic Diocese of Austin states: "Immunizations are not in conflict with the Catholic faith. Conscientious objections or waivers, which may be permissible for enrollment in public schools, do not qualify as an exception to this policy." Catholic schools in the diocese do accept medical exemptions, meaning if the immunization could somehow harm the child, it's not required to enroll.

We wondered if the diocese's policy in favor of requiring state-mandated immunizations would have extended to refusing the opt-out form for girls subject to the HPV vaccination.

Perry aides may have had the same question. According to internal e-mails published online by Hutchison's campaign (also obtained by the Austin American-Statesman under Texas open records laws in 2007), Brandon LeBlanc, then the governor's community affairs public liaison, wrote Feb. 6, 2007: "I don't have an answer for the questions I'm getting regarding private schools. Apparently Catholic schools in particular will require all state vaccines, but won't except (sic) the exemptions. My first inclination, assuming this is true, is that this is for the parents and the schools to sort out. Is there a better answer to this 'problem'?"

Nora Belcher, then assistant director at the Governor's Office of Budget, Planning and Policy, replied: "I believe in the short term your answer is the correct one, plus, enrolling in Catholic school is a CHOICE (for parents, anyway)."

In February 2007, the Roman Catholic Bishops of Texas came close to saying they wouldn't require the vaccine, issuing a statement recommending that "civil authorities should leave this decision to parents."

But would parochial schools absolutely have left that particular vaccination decision to parents? Margaret McGettrick, director of education at the Texas Catholic Conference, the statewide association of the Roman Catholic diocese in Texas, recently said the superintendents, bishops and accreditation commission at the association responsible for setting school policies never formulated policy specific to the HPV vaccine.

McGettrick said "it's a non-issue for us" because the HPV vaccine was never added to the state's list of required immunizations once lawmakers froze the order until the starting date of the 2011 regular legislative session.

Allison Castle, Perry's press secretary, said: "We consider (the order) null and void and (Perry) will not pursue it in the future."

En breve: Perry did issue an order requiring schoolgirls receive the HPV vaccine. In arguing that his order was not a mandate, Perry points to the Conscientious Objection to Immunization form that lets parents of public school students decline immunizations without consequence. The burden to file and refile the notarized forms on time falls on the parents.

However, our research determined that it's not certain the opt-out would have been accepted for the 15 percent of Texas girls attending private schools. Also unknown: Whether every Catholic school would have allowed students subject to Perry's order to abstain from the three HPV shots in the vaccination series.

Ultimately, the governor issued an order for the Health and Human Services Executive Commissioner to "adopt rules that mandate the age appropriate vaccination of all female children for HPV prior to admission to the sixth grade."

According to the Merriam-Webster dictionary, a mandate is "a clear instruction, authorization or direction." Perry says the executive order wasn't mandatory, which, according to Webster, means "demanded or required."

But that's what Perry's order did: it set up a requirement. Just because there's a loophole — a way to "say no," in the governor's parlance — doesn't mean the requirement doesn't exist. Physical education classes are also mandatory to graduate high school, but if you have any number of health conditions, you can skip the timed mile.

We rate Perry's claim Barely True.

[MestaMachine]

Simple yesses or noes would be good. Would you support this mandate? Yes or no? If it was a dem, would you still be trying to defend it? Yes? Or No? If you had a nine year old daughter, would you fight this? Yes? or no?

[Outlaw Woman]

Well I can see that point was missed. So I’ll try it the blunt way. What happened was wrong. Period. k?

Futher if you are trying to convince people of Perry’s ability and that he would make a great president, this article doesn’t do that. In fact, this article added to my concern on this subject. I’m starting to have real doubts about Perry.

[MestaMachine]

Not hardly. There is a real big difference between healthcare legislation, bad as it is, and A government hack telling you, as a parent, that YOUR child must submit to an unproven vaccine becwuse I say so. Healthcare in Mass was done by legislation, not by executive order. You are way overeaching here and you know it. You adked for opinions and discusaion, but you will accept none of it if you don’t “win” the argument? masscare is a red herring. It has nothing to do with this.
And in case you hadn’t noticed, we don’t forgive romney for mass care either.

[PastorBooks]

“Anyone who so freely twists facts should be challenged”

Do you have a daughter?

Do you think the State has a right to say what drugs are put into your daughter’s body? Against your consent?

What kind of man would sign that order?

I don’t care what his excuse is, he signed the paper.

He forced his will on all the girls of Texas. He VIOLATED their bodies. The only difference is that he did it with a needle.

[gemoftheocean]

Sun, of course no girl is ever raped, and even if she maintains her virginity and only has sex after married, of course the man she married is 100% guaranteed not to alley cat around on her. Right? Right? [oh]

I’m not suggesting the Perry was right for doing what he did. New vaccines are not the place to mandate that minor daughters should be guinea pigs. An opt in would have been better.

To imply that there aren’t any good reasons for a girl to have the vaccine is wrong.

[xzins]

Every vaccine and every medication has drawbacks. That’s why those tv commercials spend so much time warning about side effects. However, vaccinations are best for the majority of the population.

Government has for centuries had a legitimate role in controlling disease. It even has the power of quarantine...and in such circumstances you would want it to have that power.

A large part of prostitution and homosexuality being illegal derives from their history as vectors for disease. Therefore, their behavior was made illegal and controlled.

Carriers of communicable disease continues to be the best argument against allowing prostitution.

[COgamer]

Opposing Perry on the basis of this, especially with the opt-out, would be silly. There’s been enough misinformation presented in this thread that I feel maybe some people don’t understand why this vaccination is important.

While I agree the government shouldn’t dictate health, and I agree there should always be opt-outs, there are other posters who seem to believe women who develop cervical cancer have no one to blame but themselves. Or that the vaccine is pushed as a means of just trying to excuse sexual conduct.

While it’s true HPV can be categorized as an STD and this is why they want to protect girls early, it shouldn’t be thought of in the same way as something like syphilis or chlamydia which is solely aquired via promiscuity.

First, HPV is incredibly common with estimates nationwide of 50-80% (odds are pretty decent that whoever is reading this has had it if you’ve ever had sex). Most people who have HPV don’t even know it, but they can still transmit it. It being a virus, it’s not going to be stopped by any method of birth control whatsoever except 100% lifetime abstinence (although it can even be acquired during delivery if the mother has HPV). So if your spouse has it, you just have to accept that risk (assuming either of you even know your spouse has it). The kind that cause genital warts, the most obvious sexually contracted variety, are not the same kind that cause cancer - so lack of warts does NOT assure safety.

Not all types of HPV can cause cancer, but some can. And it’s not just girls who are at risk for HPV causing problems. Basically, I just want to address the idea that monogamy can prevent cervical cancer (or even HPV) is just flat out false. Someone can have cancer and not be a bimbo.

[9YearLurker]

“The notarized forms”? Tell me you didn’t have to get your opt-out forms notarized!?!

[ilovesarah2012]

And who exactly won’t the national media “wipe the floor with”?

[Cincinatus' Wife]

I’m starting to have real doubts about Perry.

Do these add to your doubts?

Rick Perry Hits Obama on Abortion Before Possible GOP Campaign [excerpt] At the United for Life event at the Los Angeles Memorial Sports Arena in Los Angeles on Sunday, Perry received a standing ovations following his remarks, during which he said “Every life is precious.”

He hit Obama for overturning the Mexico City Policy during his first week in office. That’s a policy that prevents taxpayers from funding groups like the Planned Parenthood abortion business under international programs. Planned Parenthood has promoted and performed abortions in other countries and the Mexico City Policy, first instituted under President Ronald Reagan, cuts off their funding internationally and directs it to programs that provide legitimate help and support for poor people in other nations.

Perry said that, under Obama “our federal tax dollars can now be used to fund abortion all over the world. With the stroke of a pen, abortion essentially became a U.S. foreign export.”

On embryonic stem cell research, he said Obama was “turning the remains of unborn children into nothing more than raw material,” according to an AP report. Obama is ignoring “the overriding responsibility of every government — that is to protect citizens at every stage of their lives, especially those who cannot protect themselves,” Perry said. [end excerpt]

Gov. Perry Calls for More State Power [excerpt] In his speech Saturday, Mr. Perry highlighted the job growth in Texas on his watch, particularly since Mr. Obama took office, and cited his ability to lower taxes and balance the budget. He also highlighted achievements bound to resonate with conservative voters, including legislation that requires voters to have valid identification and anyone seeking an abortion to review a sonogram of the fetus. [end excerpt]

[Cincinatus' Wife]

Thank you for the post. Your information is important to the discussion.

[Diogenesis]

Gov. Rick Perry having FORCED Guardisil on children for financial reasons (there ARE no Constitutional
or medical reasons to remove choice)
puts him in line with ... Mitt Romney and Obama.

NO SALE.

[Cincinatus' Wife]

Do you have a daughter?

I have two daughters. Do you have daughters?

Do you think the State has a right to say what drugs are put into your daughter’s body? Against your consent?

You're presenting a straw man argument. There was no "force" in this vaccine program.

What kind of man would sign that order?

One who wanted to save lives?

I don’t care what his excuse is, he signed the paper.

He never said he didn't.

He forced his will on all the girls of Texas. He VIOLATED their bodies. The only difference is that he did it with a needle.

Better check your BP. You've worked yourself into hysteria.

[wolfman23601]

He definitely falls behind Bachmann in the pecking order, but is ahead of Mitt.

[Cincinatus' Wife]

Gov. Rick Perry having FORCED Guardisil on children for financial reasons (there ARE no Constitutional or medical reasons to remove choice) puts him in line with ... Mitt Romney and Obama.

No one forced or FORCED this on children.

[Elendur]

” Sorry, Perry is either a ruling elite statist issuing orders, or too stupid to make sure it doesn’t look that way. “
“ Big screw up for those who believe in small government, liberty, and parental rights. “
///
many good comments. I can still vote for Perry, but i agree with the ones above.

but, we ALL need to agree, that NO candidate will be perfect! if Perry would simply admit this was a very bad idea, i would think higher of him.
Palin likes him, and Perry is world’s better than Romney.

i would have no problem voting for Perry. I think he’d make a fine President.

but, Gardasil was a huge mistake!!! for MANY reasons.
a true measure of his character, would be to admit it.
(note Romney still insists that Romneycare is good...)

Even if exceptions were allowed, this was a VERY bad idea, to require MULTIPLE injections, at a HUGE HUGE cost.
I studied this issue years ago, look before i ever heard of Perry.

this doctor, was one of the DEVELOPERS of Gardasil:
“...Dr.Diane Harper, lead researcher in the development of two human papilloma virus (HPV) vaccines and director of the Gynecologic Cancer Prevention Research Group”
Even many LIBERALS now admit Gardasil was a very bad idea.
here is just one TINY example (of MANY) from CBS:

http://www.cbsnews.com/stories/2009/08/19/cbsnews_investigates/main5253431.shtml

and here:
“At a cost of $360 dollars for the full 3-shot course of vaccine, that comes to about $900,000,000 to prevent one death.”

“Gardasil is intended to protect againist FOUR types of HPV. But there are over 120 different strains of HPV.”
http://truthaboutgardasil.org/about-2/

Gardrasil offers NO benefit for a girl unless she is sexually active. (and those are minimal.)
It offers very REAL dangers and side-effects, for ALL girls who take it.

i respectfully suggest, that Cincinatus’ Wife and others, simply admit this is one flaw on an otherwise fine conservative candidate.

I don’t know much about Perry, and would be happy to read more about his good points, and true accomplishments.

[Agamemnon]

I rate this Truth-O-Meter misleading and spun to hurt Rick Perry.

If Rick Perry simply admits that he got it wrong here, I'll forgive him.

Speaking as one who is in drug development Guardasil was always promoted as something more than it could deliver and the safety stuff showing up post-marketing made it clear that it was rushed to market more for political reasons rather than therapeutic.

It supposedly protects against 4 strains of HPV, but there are more than just 4 strains of HPV out there.

It gives a false sense of confidence, sort of like the empty barrels that don't contain the bullet in Russian Roulette.

FReegards!

[Cincinatus' Wife]

What should worry you, is that this is nanny-statism.

What do you think of childhood vaccines in general?

[Ken H]

Gov. Rick Mitt Perry having FORCED Guardisil on children for financial reasons...

Fixed it.

[MestaMachine]

Look, every candidate is going to get slammed. No one disputes that for an instant. But rick perry is fresh meat. No one outside of Texas really knew or cared about rick perry. it will be a new toy mouse for the msm kitty and I am just not that confident in perry’s bona fides. I think conservatives chomping at the bit for him to get in this race will be surprised and disappointed.
Besides which, he promised the people of his state that if they trusted him and reelected him, he would NOT do this.