Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Perry: executive order requiring young girls to be vaccinated against HPV wasn't mandatory
PolitiFact Check ^ | January 29, 2010

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.


TOPICS: Business/Economy; Culture/Society; Extended News; Politics/Elections
KEYWORDS: cervicalcancer; enforcedmedicine; healthcare; hpv; nochoice4children; nochoice4you; vaccine
Navigation: use the links below to view more comments.
first previous 1-20 ... 141-160161-180181-200201-205 next last
To: TexasFreeper2009

Trust him? I dont think I could. Not after a move like this. IF he won the nomination I would vite for him, but I dont think he will. There is to much that will sink him. Immigration, guardasil fiasco, TransTexas corridor, the Bush comparisons. We will see though.


181 posted on 06/19/2011 8:14:46 AM PDT by allsouthern
[ Post Reply | Private Reply | To 180 | View Replies]

To: Cincinatus' Wife
What do you think of childhood vaccines in general?

For established diseases that are not sexually transmitted I'm OK with it, for anything else, I don't need Big Brother to force down my throat something.
182 posted on 06/19/2011 8:35:10 AM PDT by SoConPubbie
[ Post Reply | Private Reply | To 98 | View Replies]

To: Cincinatus' Wife
Texas is business friendly. Go shout it from the roof tops.

Yes, he's so business friendly that he'll require little girls to get an unproven vaccine in order to bolster that business. By ordering that this vaccine be made mandatory, it would've been part of our vaccine program and these expensive shots would've been paid for by Texans AND federal tax payers.

He's so business friendly that he was the FIRST governor to jump all over Eminent Domain and rob Texans of their land for the TTC. Texans are still fighting to keep their oil rights because of this.

Oh, yes. He's business friendly alright. So business friendly that he'll smash the property and parental rights of Texans.

But he'll be our next president because he's slick as oil. He comes across so well that nobody really wants to dig or find fault with this guy. Heck, *I* liked him.... until I started fearing for my own daughter and my own land.

America gets the president she deserves.

183 posted on 06/19/2011 9:14:11 AM PDT by Marie (Obama seems to think that Jerusalem has been the capital of Israel since Camp David, not King David)
[ Post Reply | Private Reply | To 22 | View Replies]

To: Cincinatus' Wife; ilovesarah2012
Ronald Reagan was also a Democrat (1932-1962) before joining the Republican Party.

That's like a comparison between a Tire Iron and an Orange and trying to state there is some level of similiarity.

The Democrat Party(in large part) of 1962 did not Support Abortion or the Gay RIghts Agenda.

The Democrat Party(in large part) of 1962 did not Support everything Marxist.

The Democrat Party of Rick Perry did, including when he endorsed Al Gore.
184 posted on 06/19/2011 9:25:32 AM PDT by SoConPubbie
[ Post Reply | Private Reply | To 108 | View Replies]

To: Cincinatus' Wife

If it wasn’t mandatory, then why issue the order at all?

The vaccine was already available to those foolish enough to want it.


185 posted on 06/19/2011 9:46:28 AM PDT by editor-surveyor (Going 'EGYPT' - 2012!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: truthfreedom

>> “Perry seems to have the globalist playbook and would move to implement NWO goals.” <<

.
Exactly, and that was the motive for the executive order.

Vaccines are a true win-win for the NWO gang:

Reduce world population

Massive wealth transfer to globalist corporations
.


186 posted on 06/19/2011 10:00:03 AM PDT by editor-surveyor (Going 'EGYPT' - 2012!)
[ Post Reply | Private Reply | To 63 | View Replies]

To: Cincinatus' Wife; browniexyz

Interesting how you sidestepped the question:

.
>> “What dog do you have in this anyway?

You are defending Perry’s close ties to Merck and the lobbyists and it’s a little mysterious to me. Facts are facts. Perry used bad judgement and bought the lies of the drug company about the efficacy and safety of this vaccine.” <<
.


187 posted on 06/19/2011 10:11:10 AM PDT by editor-surveyor (Going 'EGYPT' - 2012!)
[ Post Reply | Private Reply | To 159 | View Replies]

To: Cincinatus' Wife; browniexyz

Interesting how you sidestepped the question:

.
>> “What dog do you have in this anyway?

You are defending Perry’s close ties to Merck and the lobbyists and it’s a little mysterious to me. Facts are facts. Perry used bad judgement and bought the lies of the drug company about the efficacy and safety of this vaccine.” <<
.


188 posted on 06/19/2011 10:11:34 AM PDT by editor-surveyor (Going 'EGYPT' - 2012!)
[ Post Reply | Private Reply | To 159 | View Replies]

To: editor-surveyor

Read the thread e-s.

My point was made many, many, many times.


189 posted on 06/19/2011 11:16:05 AM PDT by Cincinatus' Wife
[ Post Reply | Private Reply | To 188 | View Replies]

To: Windflier

Opt in disappeared long ago when they found that parents would not opt in, so they figured they also would not take the trouble to opt out.

Because of that, all school perversity became opt out. Easy peasy.


190 posted on 06/19/2011 12:46:33 PM PDT by itsahoot (I Stand with Sarah Palin)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Windflier

Opt in disappeared long ago when they found that parents would not opt in, so they figured they also would not take the trouble to opt out.

Because of that, all school perversity became opt out. Easy peasy.


191 posted on 06/19/2011 12:48:27 PM PDT by itsahoot (I Stand with Sarah Palin)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Windflier

Opt in disappeared long ago when they found that parents would not opt in, so they figured they also would not take the trouble to opt out.

Because of that, all school perversity became opt out. Easy peasy.


192 posted on 06/19/2011 12:48:40 PM PDT by itsahoot (I Stand with Sarah Palin)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Windflier

Opt in disappeared long ago when they found that parents would not opt in, so they figured they also would not take the trouble to opt out.

Because of that, all school perversity became opt out. Easy peasy.


193 posted on 06/19/2011 12:48:51 PM PDT by itsahoot (I Stand with Sarah Palin)
[ Post Reply | Private Reply | To 17 | View Replies]

To: Windflier

Opt in disappeared long ago when they found that parents would not opt in, so they figured they also would not take the trouble to opt out.

Because of that, all school perversity became opt out. Easy peasy.


194 posted on 06/19/2011 12:51:17 PM PDT by itsahoot (I Stand with Sarah Palin)
[ Post Reply | Private Reply | To 17 | View Replies]

To: metmom

Ping!


195 posted on 06/19/2011 1:06:24 PM PDT by Politicalmom ("Obama has put the wrong gas in the tank of our economy."-Herman Cain)
[ Post Reply | Private Reply | To 194 | View Replies]

To: ejdrapes

I don’t need perfect, I would settle for someone Saved by Grace that knows it.

This thread is largely a straw man designe to get us to ignore much bigger things. The TNC was only part of the scam, few remember it was part of a larger project that would be a port of entry from Mexico.

Trucks could load south of the border and pass through to Kansas City without being inspected. How cool is that?

Perry made a red meat speech, taking Rush’s advice, and it worked, I however am not convinced it is coming from the heart.


196 posted on 06/19/2011 1:46:01 PM PDT by itsahoot (I Stand with Sarah Palin)
[ Post Reply | Private Reply | To 127 | View Replies]

To: ejdrapes

I don’t need perfect, I would settle for someone Saved by Grace that knows it.

This thread is largely a straw man designe to get us to ignore much bigger things. The TNC was only part of the scam, few remember it was part of a larger project that would be a port of entry from Mexico.

Trucks could load south of the border and pass through to Kansas City without being inspected. How cool is that?

Perry made a red meat speech, taking Rush’s advice, and it worked, I however am not convinced it is coming from the heart.


197 posted on 06/19/2011 1:48:50 PM PDT by itsahoot (I Stand with Sarah Palin)
[ Post Reply | Private Reply | To 127 | View Replies]

To: ejdrapes

I don’t need perfect, I would settle for someone Saved by Grace that knows it.

This thread is largely a straw man designe to get us to ignore much bigger things. The TNC was only part of the scam, few remember it was part of a larger project that would be a port of entry from Mexico.

Trucks could load south of the border and pass through to Kansas City without being inspected. How cool is that?

Perry made a red meat speech, taking Rush’s advice, and it worked, I however am not convinced it is coming from the heart.


198 posted on 06/19/2011 1:48:59 PM PDT by itsahoot (I Stand with Sarah Palin)
[ Post Reply | Private Reply | To 127 | View Replies]

To: momtothree

That was a big source of my anger over this issue. The state has NO legitimate business in this issue, especially since it is not possible to get HPV by sitting next to someone in class.


199 posted on 06/19/2011 2:16:35 PM PDT by Politicalmom ("Obama has put the wrong gas in the tank of our economy."-Herman Cain)
[ Post Reply | Private Reply | To 138 | View Replies]

To: indianrightwinger
So, that is deal killer for him? Who is the purist in your mind?

No, and I have no purist in my mind. Sarah Palin has my heart. She's not perfect, but anyone mentioning it to me again will walk funny.

I actually like Perry, I think he is a good man, and when he says he wants to protect our daughters, I believe he is truthful.

Be that as it may, he has absolutely no right to coerce, intimidate, or trick a person or parent into a vaccination they don't want.

Perry needs to fix all this before running and promise not to do it again.

The only way is a governor executive order rescinding the requirement and a "refusal on demand" order issued. Parents have the right to refuse the demand at all times and any time it is made by anyone. And Perry must see it is enforced, failure will be the inability and unwillingness to lead.

200 posted on 06/19/2011 2:26:02 PM PDT by Navy Patriot (Holy flippin' crap, Sarah rocks the world!)
[ Post Reply | Private Reply | To 30 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-20 ... 141-160161-180181-200201-205 next last

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.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson