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Dr. Richard Pan is a California State Senator in District 6. Photo courtesy drrichardpan.com.

Health Impact News Editor Comments

California State Senator Dr. Richard Pan is a co-sponsor of a new proposed California bill, SB 277, which seeks to remove the personal belief exemption to vaccinations in California.

AB 499 – California Allows Children as Young as 12 Years Old to be Vaccinated Without Parental Consent

California is already one of the most tyrannical states in the U.S. when it comes to forced vaccination policy. In 2011 Governor Jerry Brown signed into law AB 499 which allows minor children as young as 12 years old to be vaccinated with the Gardasil vaccine without the knowledge or consent of their parents. Legislators, which included Dr. Richard Pan, felt that they knew better than parents which children needed these vaccines and took away parental choice. Today, school officials and other medical professionals in California can usurp parental choice when it comes to certain vaccines designed for sexually transmitted diseases, and give the Gardasil vaccine and the hepatitis B vaccine to minor children as young as the age of 12 without the consent or knowledge of their parents.

Merck is the manufacturer of the Gardasil vaccine, and in 2011 John Seiler of Cal Watchdog cross-matched the votes for AB 499 in the Legislature with Merck Corporate PAC Contributions in 2010 and came up with this list (which included Dr. Pan, then an assemblyman):

Senate:

Kevin De Leon, D-Los Angeles, $2,000
Ed Hernandez, D-West Covina, $2,500
Elaine Alquist, D-San Jose, $1,000
Noreen Evans, D-Santa Rosa, $1,500
Juan Vargas, D-Chula Vista, $3,500
Alex Padilla, D-San Fernando Valley, $300
Curren Price, D-Los Angeles, $1,700
Roderick D. Wright, D-Inglewood, $1,500
Lois Wolk, D-Vacaville, $2,000
Leland Yee, D-San Francisco, $1,500

Assembly:

Ben Hueso, D-Chula Vista, $1,000
Bob Blumenfield, D-Van Nuys, $1,500
V. Manuel Perez, D-Indio, $1,500
Richard Pan, D-East Sacramento, $1,000
Bill Monning, D-Santa Cruz, $1,500
Felipe Fuentes, D-Arleta, $1,500
Holly J. Mitchell, D-Culver City, $2,500
Speaker John A. Perez, D-Los Angeles, $1,500
Ricardo Lara, D-South Gate, $1,000
Mary Hayashi, D-Hayward, $1,500
Roger Dickinson, D-Sacramento, $1,000
Nancy Skinner, D-Oakland, $2,500
Jose Solorio, D-Santa Ana, $1,500
Steven Bradford, D-Inglewood, $1,500
Toni Atkins, D-San Diego, $1,000

Total that Merck donated to legislators voting yea on AB 499: $39,500

Dr. Pan was the author of another California bill that sought to remove parental rights to vaccines, AB 2109. Dr. Pan did not believe parents were smart enough to make health decisions for their children, so he wanted every exemption to require a medical doctor’s approval. Dr. Pan insisted that parents could always get medical exemptions from doctors if they really needed them. When parents and members of the Canary Party pointed out to Dr. Pan that many doctors were kicking families out of their practice if they did not conform to the CDC vaccination schedule, Pan reportedly ridiculed the parents and did not believe them. A quote from one of the Canary Party members who talked with Dr. Pan:

“Dr. Pan insisted repeatedly that doctors will sign off on these exemptions, no problem. He did not believe the first hand accounts of doctors harassing, bullying, and kicking parents out for vaccine refusal that those I was with were giving.” (Source.)

SB 277 – Dr. Pan Leads the Way Again to Take Away Parental Rights in California

Dr. Pan is now a State Senator in California, and he has co-authored SB 277 which seeks to remove the personal belief exemption to vaccinations in California.

Who is Dr. Pan?

He is an “industry insider” when it comes to the medical industry. He is a teaching faculty member at UC Davis Children’s Hospital, and has served in many organizations that set medical policy and determine medical funding, such as the American Medical Association, the United Way, Sacramento First 5 Commission, Healthy Kids Healthy Future, Sacramento Health Improvement Project, and others. (Source.)

SB 277 is another example of the type of medical tyranny we are seeing in other states where doctors become lawmakers. Oregon State Senator Elizabeth Steiner Hayward is also a medical doctor, and recently proposed a bill in Oregon to strip parents of their rights to make medical decisions for their children in regards to vaccines. The bill was vigorously opposed by citizens in Oregon, including lawyers and doctors, and she withdrew the bill (for now). (See: Medical Tyranny in Action in Oregon: Doctor and Senator wants Medical Freedom for herself, but Not Oregon Citizens.)

Will These Bills Stand Legal Challenges?

Legal experts have also weighed in on these proposed state bills that strip parental choice from making medical decisions for themselves or their children.

See Constitutional Attorney Jonathan Emord’s commentary here: Are Proposed Forced Vaccination Laws Comparable to Eugenics Forced Sterilization Laws in the U.S.?

NYU Law Professor Mary Holland’s perspective is found here: Could Proposed Mandatory Vaccine Laws Survive Legal Challenges?

California attorney Victoria Ikerd-Schreiter weighs in on California SB 277 below.

A Review of the Effects of SB 277 on All California Children

By Victoria Ikerd-Schreiter, Esq.

Introduction

Senate Bill 277 (Pan), seeks to eliminate Personal Beliefs exemptions for all California children from the Health and Safety Code by amending Section 120325, and to repealing and adding to Section 120365.

Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her admission to that institution he or she has been fully immunized against various diseases, including measles, mumps, and “Any other disease deemed appropriate by the department”, subject to any specific age criteria.

Existing law authorizes an exemption from those provisions for medical reasons or due to personal beliefs (which includes Religious), if specified forms are submitted to the governing authority pursuant to Section 120365 (as a result of AB 2109, Pan, from the 2013-2014 legislative session).

Key Bill Language of SB 277

Section 120325 of the Health and Safety Code is amended to read:

(c) Exemptions from immunization for medical reasons or because of personal beliefs.

Section 120365 is repealed and the following is added to the Health and Safety Code, to read:

(a) Immunization of a person shall not be required for admission to a school or other institution listed in Section 120335 if the parent or guardian or adult who has assumed responsibility for his or her care and custody in the case of a minor, or the person seeking admission if an emancipated minor, files with the governing authority a letter or affidavit that documents which immunizations required by Section 120355 have been given and which immunizations have not been given pursuant to an exemption from immunization for medical reasons.

California’s Compulsory Education Law

California’s compulsory education law requires children between six and eighteen years of age to attend school. [1] The allowable options in California to meet compulsory education requirements are to attend a California public school or a private school. [2] Homeschooling is not specifically mentioned as an option in California law or education code; therefore, people in this state homeschool by either enrolling in a public homeschool charter, or they are allowed to enroll in a private school in their own home or a private school satellite program. [3]

Under California law, a pupil who, without a valid excuse, is absent from school for three full days in one school year, or is tardy or absent for more than 30 minutes during the school day on three occasions in one school year, is considered truant. [4] Once a student is designated a truant, state law requires schools, districts, counties, and courts to intervene to ensure that parents and pupils receive certain services to “assist” them in complying with attendance laws. When these various interventions fail—meaning parents or guardians still do not send a child to school or a student misses an unlawful amount of school—the matter is referred to the courts. [5] Courts can then use penalties or other measures to seek compliance including taking the child into custody and the parents being placed in County Jail. [6]

Conclusion

Should a child not provide proof of full immunization to public school, private school (which includes, as stated above, homeschoolers), child care center, day nursery, nursery school, family day care home, or development center the child shall be excluded from further attendance if they do not obtain the required immunizations within no more than 10 school days following receipt of notice. This is herewith leaving all California parents with health concerns regarding immunization, and their children, at the mercy of the punishments and penalties of the Courts resulting from SB 277 when combined with California’s already existing compulsory education laws.

References

[1] Cal. Ed. Code § 48200.

[2] Cal. Ed. Code § 48222.

[3] Jonathan L. v. Superior Court (2008) 165 Cal.App.4th 1074 [81 Cal.Rptr.3d 571].

[4] Cal. Ed. Code § 48260.

[5] Cal. Ed. Code § 48263.

[6] Cal. Ed. Code §§ 48264 and 48293; Cal. Penal Code §272.

[7] Title 17, CCR § 6055.

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