Are anti-vaxxers liable if their children spread preventable diseases? (accuse, California, Oregon)
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
How are schools dealing with the increasing number of students who aren't vaccinated?
They don't allow them in school, and exemptions are harder to get.
Quote:
Section 1. Section 20-5-403, MCA, is amended to read:
"20-5-403. Immunization required -- release and acceptance of immunization records. (1) The
governing authority of any school other than a postsecondary school may not allow a person to attend as a pupil unless the person:
One of my son's friends was forced out of High School because his mom is an anti-vaxxer/chem-trail believer. She tried to use a religious exemption however that didn't quite jive with doctrine.
There are different case numbers for different diseases.
All I can tell you is what happens in the districts in my local area. Most of my experience is with pertussis. Our local schools/day cares send the parents a letter saying there is pertussis in the school. They don't even say what grade/classroom. Parents are recommended to call their physician's office. AFAIK, kids aren't sent home if unvaxed. My oldest was in kinder during the big measles epidemic of 1989-91. Kids were sent home then. Also, shots were offered at school.
I have a friend who works in the health room at a local elementary school. She said all her exemptions last year were "personal belief". No medical, as there really are very few reason for medical exemptions. No religious, although this is an option here in CO.
California pulled it off. Eventually, I think all or almost all states will.
The first part of what you said is true. The school notified the parents, and staff, that 3 siblings had measles. Parents were not told who these kids were or what classes they were in. HIPPA. Of course, their classroom teachers, school nurse, and the Principal knew but no one else had that right to know under HIPPA. No parents, or other teachers, have the right to know under HIPPA what student is unvaccinated either. Only the Principal, School Nurse, Specific Classroom Teacher, and me knew the child I worked with was unvaccinated (Religious Exemption). Florida does not have a "Personal" Exemption. Both myself and the classroom Teacher were asked if we objected to working with an unvaccinated child. We had the "right to know" under HIPPA. There are only three states in US that have no Religious Exemption. Long way to go. FYI, No state in the country requires K-12 Teacher vaccinations. Recommends, not requires. Next on the list of Mandatory Vaccinations?
The measles notification letter only stated the fact and reminded parents, and staff, that if they wanted or needed a vaccination to speak with their own doctor. No vaccinations were given at school. Since the schools only had part-time nurses (state budget cuts), that would have been impossible anyway.
The three children with measles stayed home and came back with a doctor's note. Nothing happened. No other students caught measles whether vaccinated, or not. School just went on as usual. The 2009 Flu was far worse than that Measles Outbreak.
What is considered an "outbreak"? Three siblings in one school? While it says in that form, the school "can" send all unvaccinated children home, do they? Did they before the Disney Measles panic? Consider this purely "anecdotal" Internet information, but back in 2007 when those sibling came down with measles, they did not send home the unvaccinated kids, or demand staff to show their vaccination records either. I worked with an unvaccinated special needs child. Another in the class stood up and volunteered, "My Mom says shots are against our Religion". That was two in the school that I knew of. HIPPA. ONLY ones? Doubt it. Classes went on as usual but again this was before the Media Disney Panic. Hey, if you live in Florida with an unvaccinated child and they are send home for a Measles Outbreak, I will Tutor them. I had Measles myself in childhood and do not fear your unvaccinated child, unlike the VACCINATED do.
BTW, a Florida legislator proposed a bill last year to eliminate the State's Religious Exemption. He pulled his legislation after a few months. I suppose because of too many letters and emails against it.
Guess it's NOT spreading from California's legislation. Better write your FEDERAL Senators to push those Federal bills from LAST YEAR which are still dead in the water. Your Do Nothing Congress. ROFL.
An outbreak is three or more related cases.
There were five cases of measles in Florida in 2007, all linked to one outbreak in a Hare Krishna community with a 68% vaccination rate. None of the cases had been vaccinated. Someone from the group visited India and came back with measles. One case was a University of Florida student who had contact with the Krishnas. He was advised not to come on campus until he was no longer contagious. Unvaccinated students were advised not to come on campus unless they took the vaccine. Two community college students (dual enrolled high school students) also came down with it. One case was an infant.
"Health Department officials have asked members of the Krishna community to voluntarily restrict their travel and have advised them not to congregate in large groups or attend school until the danger of spreading the measles has passed."
A sample school policy from Hillsborough County Public Schools:
"The health department may exempt a student from being immunized if the student presents a signed statement from a parent indicating that the parent chooses not to have their child immunized. The student will be allowed to attend school only if a health care provider's statement indicates there is no danger of contagion. In case of an outbreak of the disease for which the student has not been immunized or an epidemic, the Superintendent shall not allow the student to attend school."
Quote:
Originally Posted by Jo48
The first part of what you said is true. The school notified the parents, and staff, that 3 siblings had measles. Parents were not told who these kids were or what classes they were in. HIPPA. Of course, their classroom teachers, school nurse, and the Principal knew but no one else had that right to know under HIPPA. No parents, or other teachers, have the right to know under HIPPA what student is unvaccinated either. Only the Principal, School Nurse, Specific Classroom Teacher, and me knew the child I worked with was unvaccinated (Religious Exemption). Florida does not have a "Personal" Exemption. Both myself and the classroom Teacher were asked if we objected to working with an unvaccinated child. We had the "right to know" under HIPPA. There are only three states in US that have no Religious Exemption. Long way to go. FYI, No state in the country requires K-12 Teacher vaccinations. Recommends, not requires. Next on the list of Mandatory Vaccinations?
None of the measles cases in Florida in 2007 were elementary school students. One was an infant, one an adult (who had traveled to India), two were siblings (high school age, also attending community college), and one was also an adult (college student).
Either it was not 2007 or whatever disease was in your school was not measles.
HIPAA (not HIPPA) does not apply to schools, though there are privacy laws that do.
We probably will not see tightening of exemptions unless there continue to be large outbreaks. If we have as many cases as we had in the last two years there will eventually be more deaths. When that happens, expect to see the rules changed. It's unfortunate that people will have to get sick before our legislators sit up and take notice.
Last edited by suzy_q2010; 04-20-2016 at 08:18 PM..
I love the premise of this thread. I can see the multi-million dollar wrongful death lawsuit against a nutty anti-vaxxer when their kid gives some very young child one of the preventable diseases and it kills them. If I sat on the jury, I'd be an automatic in favor of the plaintiff.
Good point. While we are getting our flu shot, it's a great idea to get the pneumonia vaccine too. While it is only recommended for senior citizens, I got my first pneumonia vaccine when I was 45, and was very pleased with the reduction in secondary infections for even something as innocuous as a cold. As far as I'm concerned, anything that reduces the after-cold bronchitis is a wonderful thing.
Are people now supposed to be tested if they think they have the flu? Really? Why?
Yes.
To get treatment via Tamiflu in order to avoid unnecessary time out of school or work. Or keep your contagious rear-end/kid's rear-end at home.
Like I said, my child had the flu last year. Wouldn't have thought he did unless he had told me/school sent an email to parents that confirmed cases of the flu had been reported by parents of the school children.
Got him to the doc within 12 hours of the onset of symptoms. Which came out of nowhere and started with a high fever. Tested positive. Was prescribed Tamiflu. Didn't miss too many days of school unlike his counterparts who were dx'd days in, missed 10+ days, and had to trudge through all of the nasty that comes with actually having the flu.
Last edited by Informed Info; 04-20-2016 at 10:38 PM..
It was the flu.
------------------------------------
And to the coward who left me a nasty rep comment. If you can't say it in on the thread, what makes you think it's ok to say it via rep. You're not as anonymous as you think.
So that people can spread the flu at the doctor's office.
Seeing as how you have taken care of multiple family members with the flu and never ended up with it? Apparently it's not that easy to spread around. So no need to worry about folks who have the flu sitting in a doc's office.
Quote:
The only reasons I can think that a person would got to the doctor for the flu would be either to get Tamiflu or because they didn't know that what they had was the flu and thought it was something more serious. But then again, people go to the doctor for colds and all kinds of things that they don't need to go for so who knows. Maybe it's just because they are that clueless.
Huh?
The flu is serious.
Most people who aren't clueless go to the doctor/bring their kids to the doctor when they need to. Like when they think they might have the flu.
Good point! In addition to people calling gastroenteritis "flu", there are people who are sick with something non-specific and just call it flu. It's called "ILI", influenza-like illness.
Friend of mine has a daughter (friend is a pediatric ICU nurse) who was dx'd last week as having "cold with flu-like symptoms". Including fever. Hit her entire spring sport team to the point they called it "the plague" & said "plague" took whomever was lucky enough to "get it" out of school for a good week (or less, depending on the day it hit the individual child).
In sort of similar news, have you heard of the women in Idaho who wants her parents prosecuted for neglect? Now 20, her parents denied her medical intervention as a child due to religious reasons. She is now facing permanent health issues because of it, and she wants the state to prosecute her parents.
If a child as permanent effects from say having measles as a child (like Subacute sclerosing panencephalitis), should they be able to sue their parents or should their parents or have them held criminally responsible?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
