Legislature(1999 - 2000)
03/23/2000 03:38 PM Senate STA
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SENATE STATE AFFAIRS COMMITTEE
March 23, 2000
3:38 p.m.
MEMBERS PRESENT
Senator Jerry Ward, Chairman
Senator Lyda Green
Senator Randy Phillips
Senator Kim Elton
MEMBERS ABSENT
Senator Gary Wilken
COMMITTEE CALENDAR
SENATE BILL NO. 292
"An Act relating to public school student immunizations."
-HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
SB 292 - No previous Senate action.
WITNESS REGISTER
Ms. Loretta Brown
Legislative Staff for Senator Jerry Ward
Alaska State Capitol
Juneau, AK 99802-1182
POSITION STATEMENT: Sponsor Statement on SB 292.
Dr. Peter Nakamura
Director of the Division of Public Health
Department of Health and Social Services
P.O. Box 110610
Juneau, AK 99811-0610
POSITION STATEMENT: Opposed to SB 292.
Dr. Robert Rowen
Address Not Provided
Anchorage, AK 99501
POSITION STATEMENT: Supports SB 292.
Mr. Craig Perry
3206 E. 18th Circle
Anchorage, AK 99508
POSITION STATEMENT: Commented on SB 292.
Ms. Karen Shumacher
Manager of Vaccine Information & Awareness Website
Address Not Provided
San Diego, CA
POSITION STATEMENT: Commented on SB 292.
Mr. Jerry McCutcheon
943 E. 12th
Anchorage, AK 99503
POSITION STATEMENT: Commented on SB 292.
Ms. Bonnie Long
14710 Park Hill Circle
Anchorage, AK 99516
POSITION STATEMENT: Opposed to SB 292.
Ms. Garnet Olson
6128 Geronimo Circle
Anchorage, AK 99504
POSITION STATEMENT: Supports SB 292.
Ms. Laura Monfore
17638 Kahiltna Dr.
Anchorage, AK 99577
POSITION STATEMENT: Commented on SB 292.
Mr. Lyle Axelarris
Address Not Provided
Tok, AK 99780
POSITION STATEMENT: Supports SB 292.
Ms. Glenda Berrios
9200 Independence Dr. #202
Anchorage, AK 99507
POSITION STATEMENT: Supports SB 292.
Ms. Katherine Harris
Address Not Provided
Tok, AK 99780
POSITION STATEMENT: Supports SB 292.
Ms. Tabitha Parker
Address Not Provided
Tok, AK 99780
POSITION STATEMENT: Commented on SB 292.
Ms. Gina Fiore
P.O. Box 353
Seward, AK 99664
POSITION STATEMENT: Supports SB 292.
Ms. Amy Jo Rist
Address Not Provided
Tok, AK 99780
POSITION STATEMENT: Supports SB 292.
Mr. Peter Porrino
Address Not Provided
Tok, AK 99780
POSITION STATEMENT: Supports SB 292.
Mr. Michael Reilly
Address Not Provided
Tok, AK 99780
POSITION STATEMENT: Commented on SB 292.
Mr. Dan Heincey(ph)
Pharmacist, Merck and Company
Address Not Provided
POSITION STATEMENT: Commented on SB 292.
ACTION NARRATIVE
TAPE 00-06, SIDE A
Number 001
CHAIRMAN WARD called the Senate State Affairs Committee to order at
3:38 p.m. Present were Senators Ward, Phillips, Green, and Elton.
The first order of business to come before the committee was SB
292.
SB 292-PUBLIC SCHOOL STUDENT IMMUNIZATIONS
MS. LORETTA BROWN, Legislative Staff for Senator Ward, stated SB
292 would require the Commissioner of Health and Social Services to
certify, in writing, the safety of vaccines that are mandated by
law for children who attend public and private schools. Ms. Brown
referred to AS 14.30.125.
SB 292 will provide for the parents' right to make health decisions
with their doctor for immunization requirements for school
attendance. Currently, children may be exempt from receiving
immunizations based on religious beliefs. A family history of
reactions to vaccines, a child's individual health needs, and
parental concerns should also be considered. Parents need to know
that their children are being vaccinated with safe vaccines and
someone in authority is responsible.
DR. ROBERT ROWEN, representing himself, stated he has been a
licensed medical doctor in Alaska for 20 years. Dr. Rowen stated
support for SB 292. If the State mandates vaccinations for
children, then it should be able to assure the families of the
safety of the substances it mandates. Children have no choice on
vaccinations. Published scientific studies on the safety of
vaccinations should be given to the parents.
Recently, the federal government changed the immunization schedule
for the first year of life. The small amount of mercury used as a
preservative in multiple vaccines exceeded the government's own
safety limit for children. These vaccines are loaded with
preservatives of mercury, formaldehyde, aluminum, phenol, and other
toxic chemicals. No studies have been done on the effects of these
toxic chemicals on the developing human brain.
ADD, hyperactivity, autism, and violence are epidemic in our
society. ADD and hyperactivity have increased nationally 500
percent in 10 years, autism has increased 300 percent in
California. Asthma strikes 1 in 10 vaccinated children. Hepatitis
vaccine has been associated with an increase in juvenile diabetes.
The MMR vaccine is grown in neurologic tissue; children with autism
have six times higher incidents of antibodies to neurologic tissue
than normal children, and those children are being injected with
animal proteins. Chronic Fatigue Syndrome, repeated infections,
allergies, asthma, and skin disorders are epidemic among the
younger generation. Vaccines are grown in pig or horse blood,
chicken and duck egg, dog and monkey kidneys, and rabbit brain
tissue. It is known that any foreign substance that has not been
filtered through the body's normal digestive processes can be
highly toxic and immune reactive.
DR. ROWEN referred to information from the Arthur Research
Foundation. Up to seven percent of the body's lifetime immune
capacity is committed to the usual childhood diseases when these
are acquired normally in the course of growing up. A child who is
vaccinated up to 70 percent may be committed to these diseases
leaving a reserve of 30 percent of the child's lifetime immunity
for the rest of his/her life. Changes in white blood cells occur
in AIDS patients following a tetanus vaccine.
These questions on safety need to be asked:
1. Have there been any long or short term studies on toxic effects
of all heavy metals and other preservatives on the developing human
brain and immune system?
2. Have there been long term studies on the interaction of
multiple vaccines?
3. Have there been any long term studies on the strength of the
immune system after vaccinations?
4. Have there been any long term studies on the psychological
effects of multiple vaccines, including the epidemic escalation of
ADD, hyperactivity, autism, violence, and depression?
5. Have studies looked at the all cause illness, morbidity and
mortality rates in a reasonably sized population of multiple
vaccinated children v. unvaccinated children over the 18 years of
their minority?
"All cause" ilnesses include asthma, eczema, allergies, immune
disfunction, autism, auto-immune disease, chronic fatigue, cancer,
and more. If those studies have not been done, the scientific
method cannot certify these agents as safe. Dr. Rowen referred to
a book by Leonard Goldstein about this topic.
Number 888
MR. CRAIG PERRY, representing himself, stated it should be the
parents' right to choose which vaccines are given to their
children. Medical facts should be issued to parents during
immunizations so they know the potential dangers and side effects
of the vaccines.
CHAIRMAN WARD stated Mr. Perry is in the process of being
prosecuted by the U.S. Government for refusing to take the Anthrax
vaccine.
MR. PERRY replied the State should not harm a child's education
because they have not received a vaccination.
SENATOR PHILLIPS asked Mr. Perry if his opposition is based on
religious beliefs or personal philosophy.
MR. PERRY stated it was a personal opinion.
MS. KAREN SHUMACHER, Manager of Vaccine Information & Awareness
Website in San Diego, stated concerns for language in SB 292. The
choice of immunizations for children does not lie with the parents.
Ms. Shumachers agenda is for informed consent, health freedoms, and
the rights of parents to make healthy decisions for their children.
Number 1253
MR. JERRY MCCUTCHEON, representing himself, stated about a decade
ago MTBE was a vaccination forced upon Alaskans after it reached
epidemic proportions Alaskans rebelled and refused MTBE. The EPA
admitted that MTBE was a national disaster that will affect the
"Lower 48", but not Alaska because Alaskans refused to take the
vaccination. Throughout the nation children are being forced into
having immunizations because it is good for their health.
Alaska needs to stop requiring immunizations until the cause of
emotional illness in children is found and proved not to be the
result of immunizations. The parents should not be forced to lie
and claim an exemption for religion, or spend money on a doctor's
decision.
Mr. McCutcheon suggested some changes to the language in SB 292.
On page 3, line 15, delete "shall" and insert "may". On line 18
delete "physician" and insert "parents", and on line 19 delete
"license in this state". Page 2, line 17, delete "a physician
licensed in this state," and insert "of the parents of the child."
SENATOR GREEN asked what MTBE was.
MR. MCCUTCHEON replied it was a gas additive vaccine.
MS. BONNIE LONG, Manager of the immunization program for the
Municipality of Anchorage, Department of Health and Human Services,
stated it is unrealistic to require any person to certify there is
no risk of harm from a vaccination. The disease far outweighs the
risk from a vaccine.
In 1998, Anchorage had the largest outbreak of measles in the
nation. 33 cases of measles occurred in high school students who
received one measles vaccine. Younger children were protected
because they received two measles vaccines. The measles outbreak
was effectively stopped when the State mandated another measles
vaccination be given to children in the Anchorage School District
or they would be banned from attending school.
If SB 292 passes it will dismantle the school requirements for
immunizations and subject the children and the population of the
State to future outbreaks of vaccine-preventable diseases.
Number 1525
MS. GARNET OLSON, representing herself, replied she has been
diagnosed with Chronic Fatigue Immune Disfunction Syndrome (CFIDS)
and believes that the disease will shorten her life span by 20
years. The possibility of causes for CFIDS being researched are
unintended viruses and micro-organisms ending up in vaccines. She
asked what percentage of CFIDS patients had childhood and adult
vaccinations.
The link between ADD, hyperactivity, autism, and other
developmental problems and vaccines is worth researching. It is
irresponsible for the State to blindly vaccinate the population
considering the serious lifelong illnesses prevalent in our
society, and considering the link between these illnesses and
vaccinations. Ms. Olson stated support for SB 292.
MS. LAURA MONFORE, representing herself, stated she is a soldier
that is disabled from a vaccination. She suffers from Gulf War
Syndrome, chronic fatigue, and encephalomyelitis. Ms. Monfore
referred to a Pentagon news briefing given by Dr. Sue Bailey on
Anthrax vaccinations. Ms. Monfore referred to research by Dr.
Carboni on linking polio vaccinations and cancer. Ms. Monfore
referred to measles and measles vaccination. [The remaining part
of Ms. Monfore's written testimony is contained in the committee
meeting file, available upon request from the legislative library.]
MR. LYLE AXELARRIS, representing himself, stated vaccinations are
potentially dangerous and sacrilegious to some people, and they
should be a personal choice not a government demand. Mr. Axelarris
stated support for SB 292, and asked what type of health care
practitioners are considered physicians.
CHAIRMAN WARD answered medical doctors.
MS. GLENDA BERRIOS, representing herself, stated support for SB
292.
MS. KATHERINE HARRIS, representing herself, stated concerns have
been raised about vaccinations, and the government should not
impose vaccinations upon the population until those concerns have
been addressed. Ms. Harris stated support for SB 292.
Number 2207
MS. TABITHA PARKER, representing herself, replied there is an
overwhelming amount of evidence that suggests vaccines are harmful.
To mandate that a child receive a vaccine is putting questionable
medicine into the blood of these children.
MS. GINA FIORE, representing herself, stated support for SB 292.
The choice should be given to the parent for a vaccination, it
should not be mandated by the government.
Number 2329
MS. AMY JO RIST, representing herself, stated she does not support
mandatory vaccinations. It should be the parents right to make
decisions regarding health care including vaccinations for their
children.
MR. PETER PORRINO, representing himself, stated support for SB 292
and a proposed amendment changing the language.
TAPE 00-06, SIDE B
Number 2351
MR. MICHAEL REILLY, representing himself, stated support for SB 292
and a proposed amendment. Mr. Reilly asked how the Commissioner of
DHSS would certify no risk of harm to the child from the vaccine.
CHAIRMAN WARD replied it is not clear how the Commissioner would
certify no risk of harm. The original request made the Governor
responsible, however, the jurisdiction falls under the Commissioner
of DHSS.
SENATOR PHILLIPS commented the Alaska Constitution states that the
"legislature shall provide for the promotion and protection of
public health."
MR. REILLY replied the general health of the State is in question
whether it can be maintained by a vaccination program.
SENATOR PHILLIPS stated the reason he referred to the constitution
was to make clear the legislature also has responsibility to the
public.
DR. PETER NAKAMURA, Director of the Division of Public Health,
Department of Health & Social Services, stated concerns about SB
292. The standard of "no risk of harm" is impossible to accomplish
since everything has a certain degree of risk involved.
Eliminating all vaccines in this country is not an option. The use
of vaccines has been very successful against many terrible
diseases. In 1969, Alaska had high mortality and morbidity from
these conditions. The introduction of vaccines to Alaska helped to
control diseases that would otherwise be potentially dangerous.
Linking autism to vaccinations is risky. It is easy to take any
condition with an undetermined cause and link it to something that
you are concerned about and fearful of. In 1950, 34,041 children
between the ages of 0-14 resided in Alaska. 101 children died of
infectious diseases, that is a rate of 296 for every 100,000
children. Half of those deaths were from tuberculosis, and not all
were vaccine related diseases. From 1980-1989, 133,855 children
between the ages of 0-14 resided in the State. 30 children died
from those infectious diseases, that is a rate of 2.2 for every
100,000 children. Significant credit for these changes should be
given to the availability of vaccinations.
DR. NAKAMURA gave statistics on Japan and Great Britain in the mid
1970's. DR. NAKAMURA stated opposition for SB 292. People may
feel like vaccinations are an infringement upon rights, but it is
for the health and well-being of the population.
SENATOR GREEN asked if follow-up had ever been researched on the
effects of vaccinations and unexplained deaths of children.
Number 1726
DR. NAKAMURA stated an Infant Death Review Committee (IDRC) has
been formed in Alaska. Every death of a child under age one is
reviewed by this committee.
SENATOR GREEN asked if the focus of that committee was child abuse.
DR. NAKAMURA replied there are two committees. One is a child
death review committee that the State medical examiner has started
researching. The second committee is an infant mortality review
committee that reviews all causes for all deaths.
SENATOR GREEN asked if age needs to be a factor. One year and
under shouldn't be the only age for which concerns are raised about
vaccinations. Senator Green explained her experience with "Typhoid
Shock."
DR. NAKAMURA stated it is hard to correlate a vaccination to a
death of a child.
SENATOR ELTON asked if, certification could be established of "no
risk of harm",the State could be liable.
DR. NAKAMURA replied that no certification could ever be given,
therefore liability would never be incurred. The State could
certify that the vaccines are significantly safer than the
illnesses they present.
SENATOR ELTON asked if a professional association of licensed
medical providers has suggested standards for vaccinations.
DR. NAKAMURA answered not to his knowledge. All vaccines go
through strenuous review and are approved by the Food & Drug
Administration (FDA).
SENATOR ELTON stated people assume that the FDA has a testing
regime for all vaccinations. He felt the FDA should assess the
risk of the vaccinations v. the risk of a non-vaccinated community.
DR. NAKAMURA stated during the outbreaks of hepatitis in the rural
communities, the State received approval to use the vaccine from
the government and the parents.
Number 1329
SENATOR GREEN asked what the batch number, certification, and
classification on all medication was.
DR. NAKAMURA answered if an adverse reaction to a medication or a
vaccine occurs, the doctors are able to identify every individual
that received material out of that specific batch.
SENATOR GREEN asked if that number was provided by the
pharmaceutical companies.
DR. NAKAMURA answered yes.
MR. DAN HEINCEY(ph), Pharmacist for Merck and Company, explained it
is a tracking device in case an adverse effect comes from a
vaccination.
CHAIRMAN WARD replied the State is mandating that toxic substances
be injected into children or they cannot attend public or private
schools. People are starting to question how safe the vaccines
are, and no one has been able to answer that question.
SENATOR GREEN asked what the certification is with batch numbers on
vaccines.
MR. HEINCEY(ph) replied the FDA certifies all vaccines before they
are shipped to the doctors who administer them. The medications
and vaccines that are administered by doctors all have some risk
involved.
CHAIRMAN WARD stated Craig Perry was court-martialed for not taking
a vaccine and was discharged from service. His children don't have
that choice.
MR. HEINCEY (ph) stated two exemptions exist in statute for
religious beliefs and a parent/physician exemption.
CHAIRMAN WARD asked about the parents who can't claim either
exemption, but who just don't see a reason to inject toxic
substances into their children.
MR. HEINCEY (ph) stated that a company can come forward with a
product they believe has medicinal value. It is researched, and
then presented to the FDA for consideration for approval of
labeling. The FDA process consists of doctors, researchers,
universities, and review panels. This is a biological certified
process where the FDA watches every stage of the production of the
products.
Number 709
DR. ROWEN replied the FDA does no studies on interactions between
people and vaccines; it is only reported later after a death has
occurred. Dr. Rowen asked for the doctors to inform a person who
receives a multiple vaccination with animal viruses, animal
proteins, and neurologic proteins that a study concluded the all
cause risk is less than if the child didn't receive the vaccination
at all.
DR. ROWEN reminded DR. NAKAMURA of an anti-histamine called
Seldane. Seldane by itself is innocuous, but combined with other
drugs it caused death in some individuals. No one is looking at
the combinations in the vaccinations.
SENATOR ELTON stated it is not uncommon for government to make a
decision that it is safer for the community to limit an individual
right. Children who are not vaccinated are not able to attend
schools. Adequate testing is needed for any drug that goes on the
market, the pharmaceutical companies are the ones being sued if
something goes wrong. The solution should start with the FDA
conducting before, during, and after tests.
CHAIRMAN WARD stated SB 292 would be held in committee until
further information from doctors and other states is obtained.
There being no further business to come before the committee
CHAIRMAN WARD adjourned the meeting at 5:13 p.m.
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