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.