Posted on 06/19/2011 1:02:01 AM PDT by 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.
Good facts but may I add that NOT all cervical cancer is linked to HPV. There have been people diagnosed with a pre-cervical cancer or cervical cancer and are negative with HPV. Bravo on the stats!!
Stupid decision. The schools heavily push for these vaccines and the average parent just complies. Yes, you can opt out but few parent sheep even bother.
Gardasil is a vaccine that does more harm than good. Plenty have died and thousands have damage. This vaccine supposedly at best keeps you from getting some of the many varieties of HPV. Plenty of the non covered varieties can still lead to cancer. At any rate, HPV does not usually lead to cancer and is treatable if a sexually active person gets regular checkups.
The whole vaccine is pointless for all but drug addled prostitutes.
But the makers want more customers: in parenting magazines right now, they have taken out huge pages of ads scaring parents to get their boys covered too. It’s a huge scam and perry should admit his mistake.
Ain’t you got google on your computer?
How does this have anything to do with Rick Perry and his vaccine order for protection against 4 HPV strains four years ago that could be opted out of and that was never put into effect?
If you do not know the typical staging, pathology,
treatments for girls and women afflicted with
cervical carcinoma, including their outcomes
(including 30 year disease free survival rates),
then what the heck are you defending the RINO Perry for,
in the first place?
Why are you wasting everyone’s time,
including mine?
Well effin’ DUH!
Why are you wasting everyone’s time, including mine?
Since I always provide links for my information (and I am quite generous with my time). I will conclude you have nothing more to say on the topic.
Thank you for your time.
Thank you for giving that information.
Which topic, darln’? The one you started with, the one you changed it to, the one you rechanged it to, or the one you re-restarted with? LOL. This was so cool!!! Look at this! A whole worthless crap thread with 168 posts~ Ain’t you just so proud of yerself?
A little early for the bottle isn’t it?
It is precisely those things that caused me to initially support Perry. However, the gardasil and TTC both have caused me to take a step back and .
He appears to be a man that can be bought. I don’t want that in a leader. I’m not completely discounting him but those 2 issues keep surfacing and they have not been explained in a satisfactory manner or in a way that makes me feel comfortable. In fact, this article that you posted only caused me greater concern.
And that is your choice.
As opposed to how sad it is for an individual on FR spending so much time bashing a conservative named Sarah Palin?
“A little early for the bottle isn’t it?”
Why? you offerin’?
Baby doesn’t do bottles anymore. She’s three now. Either way. Thanks for askin’. Mighty hospitable of ya.
OK. I'm foaming at the mouth now.
I am in Texas. I was *here* when all of this was going on and I was one of the thousands of parents who was dealing with this when it happened.
What I founnd was that, yes, I could fill out a conscientious objection affidavit and my daughter would not get the shot. BUT that meant that my daughter could not receive ANY other vaccines. She couldn't get MMR or pneumonia. Part of the reason that I didn't want my daughter to get this shot is that she's already immunocompromised. She does need vaccines, but I didn't want her to get *this* one because it was too new and I didn't know how it's react with her messed up immune system.
So I'd have had no choice. I'd have had to pull my daughter out of the public school system or submit to the shot. There was no way that a parent could avoid getting their daughter this shot, but allow her to get others. It was an all-or nothing proposition.
And it wasn't just that this was an unproven vaccine that was too new which was the problem. There were very real moral implications for giving a girl this vaccine.
Perry *was* forcing this vaccine on Texan girls. I was there and I was fighting with a thousand others to get this to STOP.
The Merck scandal was what caused him to back down on the issue.
Texans were highly outraged that this was done by executive order and didn’t go through the legislature. The legality of that was questioned.
In our eyes, the whole thing was hinkey.
Palins the one trying to win seats, not lose them, so she drug his sorry a** across the finish line.
This is not spin. Perry pushed this on us Texans and it was such a stink here he finally backtracked.
Correct. Especially with the Obama runs against Bush, again. To soon for another Texas govenor.
Yes it happened, yes Perry was wrong, but I am looking for someone who can beat Obama, that can bury mittens in the primary, and Perry can do both.
Is he perfect? no. Is he at least as conservative as Bush? yes, and probably a little more so. Is he head and shoulders better than Obama? easily? would I trust him to replace one of the conservative judges on the supreme court? yes.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.