A closer look at S 1227 the Immunization Exemption Form. The contradictory IDAPA rule confuses the schools into believing that the parental right to an immunization exemption is contingent on Health Department's acceptance of their completed form. The statute is clear a parent's right to invoke vaccine exemptions for their children is NOT DEPENDENT on a form provided by the Health Department. The schools however, are being told during training from the Health and Welfare Department that not only is the form required, the schools are encouraged to complete the form on the parents behalf.
We need to require that the administrative policy adheres with statute. Regardless of your opinion on the efficacy of vaccines it is unacceptable to allow the department of health to mandate a discriminatory form for school and daycare enrollment that violates the intent of the law, invades privacy and is potentially self incriminating.
Idaho statute 39–4802(2) permits a parent/guardian:
1. The right to choose whether to vaccinate their child.
2. The right to choose to participate or decline participation in the state registry system (IRIS)
3. The right to opt out without explanation of objection.
AND most importantly - the right to opt out of vaccinations with a single sentence parental statement without completing a form.
It is ludicrous to be handed a statement from anyone else, much less a government department, and told that you have to sign your name to it. If you hand me a statement that YOU have prepared and told me to sign it I would say “NO, this is not MY signed statement!”
Once you sign this document is it now legally binding and it’s not even the actual intended statement of the parent.
The Health Department's Immunization form forces families to waive the right to privacy, violate their legally protected right to opt out of the state registry and provide the state an explanation for their reasoning to opt out of vaccines.
The state–prescribed form, based on IDAPA 16.02.15, is in violation of code 39–4802 and 39–4804. The form developed by IDHW falls far outside the scope of Idaho code 39–1118(2) and 39-4802(2).
Now, you might say, “Have you seen the new form? They have taken the offensive language out of it.” The Dept has changed that form on Feb 2017 and again on Oct 2017.
Still this form continues to request extraneous information that is not required by statute in order for a parent to invoke their vaccine exemption. The school administrators are being told by the Health Department to fill out this information even after the parents refused to do so. Allowing the Health Department to continue to supersede the statute with the administrative rule gives them a misplaced authority to change the form, demand additional information, and continue to cause confusion and outright discrimination at enrollment.
On August 17 2017 Idaho Health and Welfare hosted a training seminar for schools regarding vaccine reporting. This is the Idaho Provider Immunization Education lead by Mezzelle Moore is the Immunization Outreach and Assessment Coordinator for the Idaho Immunization Program. At the 45 minute mark of the presentation, during the question and answer session, Ms Moore is asked what to do if a parent refuses to fill out the form.
She says and I quote, "I know that has come up recently in some outlets and here's the deal with that so IDAPA requires the school to have that form on file. You've got a parent doesn't want to sign that... you can try and fill that out as best you can. It's really IDAPA that's requiring that form...so the form should be on file whether or not they don't want to sign it." <LINK TO QUOTE: https://youtu.be/c1zdRKj3sYU?t=45m2s >
The schools already have access to the child's immunization records through the tracking system IRIS, and if the parent has opted out of IRIS disclosures tell me how the school admin can possibly know which vaccines the child has or has not received. I am appalled that the school is being encouraged to fill out a form that has my signature on it without my consent. Do you, the parent, feel this falls in line with the definition of forgery?
Idaho Code 18-3203 . OFFERING FALSE OR FORGED INSTRUMENT FOR RECORD. Every person who knowingly procures or offers any false or forged instrument to be filed, registered or recorded in any public office within this state, which instrument, if genuine, might be filed, or registered, or recorded under any law of this state, or of the United States, is guilty of a felony.
Contact the Senators and ask them to please pass SB 1227. It is imperative for the protection of parental authority and also the protection of children's health information. #S1227 ”
Chair – Lee Heider- (208) 332-1347 [email protected]
Vice Chair – Mary Souza - (208) 332-1322 [email protected]
Fred S Martin - (208) 332-1407 [email protected]
Abby Lee - (208) 332-1325 [email protected]
Mark Harris - (208) 332-1429 [email protected]
Jeff Agenbroad - (208) 332-1329 [email protected]
Dan Foreman - (208) 332-1405 [email protected]
Maryanne Jordan - (208) 332-1352 [email protected]
Antony L. Tony Potts (208) 332-1313 [email protected]
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