Wednesday, October 17, 2012

What To Do If You Disagree With A Vaccination Waiver Form

  1. The following conversation was taken off Facebook.  A mother of a vaccine injured child was struggling with signing the specific wording of the vaccination waiver.  You can read what happened. I only highlighted the responses of the author of the initial post.

    I'm really struggling being forced to sign a waiver agreeing to this - 
    "By signing this waiver, you acknowledge that you are placing your child and others at risk of serious illness should he or she contract a disease that could have been prevented through proper vaccination."

    NO. I do NOT believe this and I do not believe I should have to sign it.

    Question is this - does federal law require w

    e use their waiver? In the past, it didn't and I was able to use the MOMS form. I was also able to mark out that line when using their form. Now I'm being told new federal law says we can't alter their form in any way.

    Ok fine then. Can I still use the MOMS form? I did and turned it in a couple weeks ago, it was returned and was told I couldn't, but I'm not finding anything in regards to new law saying I have to use the govt form.

    Got another call today about it. I haven't found the answer yet myself so wondering if anyone knows off hand. Running around until late tonight and not sure if I'm just overlooking it or what, but man am I having a hard time finding the answer to this one. TIA

    Like · 
    • 4 people like this.
    • Author of Post:  - any idea?
    • I thought waivers were State laws and not federal. I am interested in the answer to this one.
    •  Can you cross out the part you don't agree to?
    • Author: that's what I did in the past (and did this year again) but I'm being told new law says it can't be altered at all and I have to re-do it. After I sent in the MOMS form (which doesn't include that line) and they're saying they have to accept the govt form. Have been searching for days and haven't confirmed either way.
    • Author:  the laws are state but I think the forms are coming from federal.
    •  put the burden of proof on them. ask for the new laws, and say until you can show me, this will have to do.
    • Author:  I messaged Mary  as well. She's from Michigan so she knows our laws. Frustrating part is we have ALL exemptions and up until this year have been one of the easiest states to get exemptions through. 

      I'm out and about but plan on emailing them requesting a copy of the law I'm being told about. Pulled up the emails, just haven't had a chance to email yet (too annoying to do from phone).
    •  The laws are state, but I'm not aware of any state that REQUIRES you to sign a particular waiver. I think there are some, though. Many doctors will try something like the above here in New York, but there is NO requirement for them to do so. The requirement is theirs and theirs alone. Call other docs and see what they do. I found a doc whose form says something like, "We have discussed these vaccines (and they are checked off) and have decided to forego at this time." That covers their butt and that's all they need to do. When faced with such a form, I alter it until it is in some kind of shape that I feel I CAN sign.
    • Author:  This is for school and of course she played the 'well i just want michael's file to be up to date and in compliance like all the other kids' yadda yadda yadda.. Different lady then who called the other day. Apparently she didn't like my response to her 'well you could just get the shots and be done with it'.
    •  Personally I wouldn't sign it. How can they force us to sign something stating we agree to something when we don't agree.
    • School, huh? Definitely NOT federal. The school requirements are by state law. I would definitely try and track down the facts on this. I suspect you're getting a fake runaround.
    •  DON'T sign it! It is a form of coercion and they WILL use it against you if they get a chance. Tell them you are researching it since you cannot sign something you do not agree with.
    •  what on earth can they do to you if you refuse to sign the form?
    •  I would tell them they have to show me the law that says I have to sign that form. I would refuse to sign it.
    • "Apparently she didn't like my response to her 'well you could just get the shots and be done with it'." My response to that would have been something like... "Lick my girlie parts!"
    • Author:  I commented and it didn't post.

      I'm not signing anything without seeing this supposed law. If I don't find the info myself, I'm calling/emailing the health dept tonight when I get home for their 'proof'.
    •  Right! Sure, no prob...let me just go ahead and inject all these chemicals in my 7 year old whos has two strokes and suffers from brain damage, epilepsy, mitochondrial disease, etc....just so we can make y'all shut up. No thank you.
    •  I am so lucky that I have never had any trouble. I sign the form, check the box and that is that. Here in PA, and in LA and OK. No one ever said a thing. No one ever asked for more than the form... just a one sentence reason. And I always write, "I am claiming religious exemption in accordance with law xyz" Once the local school asked my brother to provide supporting documents (which is weird b/c it is NOT required and this is the same school district where I have never had any trouble). He ended up writing up a letter --but if he would have called me, my advice to him would have been to tell them to hold their breath while they wait for it smile
    • Author:  I never had to do more then that either.
    •  I just had to fill out one for Thomas more as a technicality. THIS WAS NOT ON OUR FORM! We are in MI, too. Was this for a public or private school?
    • Author:  Public.
    •  I wouldn't sign the damn thing either. One option would be to cross out the part you disagree with and write in your own statement that you understand the risks of not vaccinating and that you also understand that if there is an outbreak that's confirmed by the county health department and at the state level, that your child will be excluded from school until the outbreak is over. I'd also cover your butt and state that in such a case, the absences from school will NOT be counted as truancy.
    •  You don't have to sign it. Nor should you. You can cross out the parts you don't agree with and put "I don't agree" or you can refuse to sign it entirely.
    • Author:   ^^^ that's what I did and was told new law states it can't be altered at all.
    • I like the part about crossing out the clause you disagree with. Instead, you can add, "Any school officials who have direct contact with my child are welcome to pay any and all medical/therapy/new service bills related to future vaccinations of said child."
    • I revise my former statement. It is on both the 2011 and newer 2012 forms. It is not a box to check off.
    • Author: I submitted my own also (the moms version) and was told i had to use the one they have.
    • Do you have any documentation of your kiddos being allergic to egg or gelatin? This is the case for Thomas.
    • Author:  I have a few more places to look for these changes but otherwise (since i don't expect to find them) I'm just gonna wait for them to show me this 'law'.
    •  Want the URLs PM'd to you?
    • There's a Mom in Tx last week here with form probs that are state sanctioned. I personally would not sign it.
    •  I got a waiver from my daughter school today and it does state that sentence on it as well in bold black letters. Hmmm
    •  i blacked out all the things I don't agree with and then signed. most of it was blacked out.
    •  I think you should cross it out and write what YOU feel should go in there...that is BS and if you believed it, you'd be vaccinating.
    • Author:  Like I said...blacking out the line wasn't accepted. There's plenty I'd love to put there. Lol
      Yesterday at 1:57pm via mobile · Like · 1
    •  I would Put a tiny star with my initials on the offending lines
      Sign the bottom
      Below my signature put the same reference star and write: per the recommendation of legal counsel I have noted the parts of this document for which I do not offer my ascent but have signed to comply with state laws to secure my right to waive listed vaccinations
      Yesterday at 2:18pm via mobile · Like · 1
    •  Would love to know what you find!
    • They changed the laws here last year in 2011 (which I fought against) and took away our phil exemption unless we had a doc sign off on it stating that we had been edumacated (yes that was intentional) about vaccination and the choice we were making for our children to not vaccinate. The night before our stupid Governor signed it in to law (over the  SUMMER) I filled out a new one for each of my kids including my youngest who did not start kinder until this fall and emailed them to a whole bunch of people. I got a call last winter from the school nurse telling me my oldest was due for vaccines and I had to get them. I told her, ummmm, no he doesn't, I submitted new exemptions for all my kids including one who hasn't started school yet. I sent them on to her and not another word was said, except making friends with her. Turns out she uses homeopathy for her families healthcare, and minimally vaccinates her own kids. HA! Not a word was said when I submitted the exemption I filled out for Samantha in the summer of 2011, and I know nothing will be said. I would say the biggest thing is to not be adversarial (sp? lazy right now) and to write something up demonstrating that you are educated when it comes to vaccination. Provide detailed info. Pain in the rear for sure, but if you can come out of it with a friendly, you might not have to ever worry about it again. I know that's the case for my kids because of how I handled the situation. Find an old form if you have to go that route. Get on the state website and use the most recent one they have available. They can not argue with that. Period. The one I submitted was the most recent at the time and it was from 2008. They had multiple one's floating around when I registered Sam this fall, and no one batted an eyelash at what I submitted. I had the date stamp on it from emailing it. The other thing to point out to them for consideration, of course in a "friendly" manner, is that the CDC schedule, is recommended, NOT MANDATED, and also look at the Bill of Rights along with the Constitution and find any conflicts. Federal trumps state, and I know this from being a military spouse and fighting for legislation for ABA coverage for all the years that I have. Sorry to ramble, but I just felt like this was some good info to pass along, as others in this thread might be able to use some of it. Sorry for potty mouth on your thread, but that's who I am LOL! Long line of service (I'm a DAR) and I have a Sailor's mouth, along with that of a truck driver LMFAO! You've got my # somewhere if you want to call. xx oo and praying for good results.
    •  Thanks for the I information!
    •  I would definitely make them show you the specific words in the legal code where it's required for you to agree to that crap. I have always submitted my own form too, quoting our specific state code word for word. A public school cannot require you to do anything more than the law requires.
    • Author:  absolutely. I have a good relationship with everyone in the schools/community and def need to keep it like that. I just sent an email to 9 people at the health dept to ask for more information and a link on where I can read about this 'law' and what-not so will see what they say. 

      I'll let you guys know what they say. I sent to so many in hopes I'd get a response asap (tomorrow hopefully).
    • Author:  The response I got!

      Dear XXXXX,

      I have been asked to respond to your question about exemption forms.

      Michigan’s PUBLIC HEALTH CODE discusses the local health department’s authority concerning immunization requirements. 

      These references can be found at:

      -A local health department has authority to adopt regulations to require a parent to use a specific immunization exemption form in order to claim an exemption from vaccination requirements under section 9215(2) of the Public Health Code, MCL 333.9215(2).

      -The broad authority conferred on local health departments to prevent disease and promote the public health includes the power to require a parent to provide a statement explaining the nature of the "other objection" to immunization claimed by the parent under section 9215(2) of the Public Health Code, MCL 333.9215(2).

      -A local health department may promulgate a regulation requiring its approval to confirm that an immunization exemption has been properly claimed under section 9215(2) of the Public Health Code, MCL 333.9215(2).

      -Local health departments may also adopt regulations to properly safeguard the public health and to prevent the spread of diseases, MCL 333.2435(d), and are specifically empowered to "adopt regulations necessary or appropriate to implement or carry out the duties or functions vested by law in the local health department." MCL 333.2441(1).

      In 2007, there was a written opinion of Michigan’s Attorney General that stated,

      “These clear statements of legislative intent and case law support the conclusion that local health departments may adopt a regulation requiring the use of a specific form to claim an exemption from immunization requirements. Developing a uniform format for claiming an exemption and establishing procedures for assuring compliance with statutory requirements represent a "necessary or appropriate" means for assuring that a health department is positioned to fulfill its educational and monitoring responsibilities. “

      “It is my opinion, therefore, that a local health department has authority to adopt regulations to require a parent to use a specific immunization exemption form in order to claim an exemption from vaccination requirements under section 9215(2) of the Public Health Code, MCL 333.9215(2).”

      If you are interested in learning more about immunizations and the diseases that they prevent, I would be happy to discuss the scientific facts that support this statement "By signing this waiver, you acknowledge that you are placing your child and others at risk of serious illness should he or she contract a disease that could have been prevented through proper vaccination."

      Please let me know if you are interested in learning more about immunizations.

    •  Wow! Are you going to respond?
      9 hours ago via mobile · Like
    • Author:   That's what I'm currently debating. I have a headache so going to mull over it a bit.
      9 hours ago · Unlike · 1
    • If I were you, I'd ask this Pat person to show you all the vaccine inserts for the particular vaccinations they want your kid to get, and ask where the safety and efficacy is proven for each of them, and especially when they're given in combination with other vaccines. As JB said, SHOW ME THE STUDIES!!! There are none. If this Pat person is with the local health department and not the school that is definitely what I would do. And I wouldn't bat an eyelash. Auto-pilot response - that's how I roll. What a load of shit. And if they can't prove to you with the inserts how safe and effective the vaccinations are, then that's when you say, this is why I'm opting out and it's my right to do so.
    • Author:  This Pat lady is with the health dept. That's what I was contemplating though...asking for study's proving things (that I know aren't done). Right now I've just responded, asking for my county's specific law/guidelines in regards to it all as what she gave me is all state law stating locals can do what they want. Well, show me where local's have it written.
    •  Good job. If she shows you anything, anything at all, then ask her what I suggested. Under the health department at the state level, I do not think they would be able to require you (meaning county) to do anything other than state level. They could ban your kids from school for that period if there was an outbreak, but that would be about it. I'd also pose the simple question that if vaccines are so effective and I don't vaccinate my kids and if there is an outbreak am more than willing to have them home with me, what are you so worried about? God, this shit gets my blood pressure up just thinking about how much we've suffered as a result of vaccines. GRRRRRRRR.
      8 hours ago · Unlike · 1
    •  Oh I would so have my own attachment to add ... by signing this waiver I am acknowledging that YOU think that I am placing my child and other children at risk, but considering all the outbreaks of contagious diseases have been amongst Vaccinated children ... I feel they are placing MY child at harm because vaccines cause non-repairable harm to their immune systems, thus making them more susceptible to communicable diseases apparently. Please inform me when they are getting their shots so that we can help to inform our children and keep them far away from these children who may be offshedding diseases that my child would not otherwise be exposed to. Thanks ...
      7 hours ago · Like · 1
    • Author:  I talked to the school again (I don't believe a nurse, assuming secretary). She said she has paperwork from the health dept about it all and that I'm allowed to staple my own letter. 

      I just emailed the local health dept as well to ask for the local law/guidelines on exemptions. Cuz I'm sure not finding it on the website.
      7 hours ago · Edited · Unlike · 4
    • Author:  It should not be this difficult. All I'm asking for is a link to the information they're telling me is law. WHY is that such a hassle? *smh*
    • Author:  Response from the local health dept was that I'd be receiving something from the state health dept soon. Apparently they don't know either.ha
      7 hours ago · Unlike · 2
    • Author:  Her response - 

      This is not a local law, we have the authority under state law. None of which is on our website, we will be contacting you regarding our internal policies shortly.

      - Am i missing something...Why is this so difficult? Yet I'm expected to be at the school before 3pm today to sign something I don't agree with. *smh*
    • Author:   Such an unnecessary headache.
    • Can you include a statement that says you disagree with it, have researched it, but are signing it under duress? BTW, our state made it a lot more difficult this yr. Wonder where the pressure is coming from.
    • Author:  Yep. That's what I'm about to type up now. Any ideas on what to say?
      7 hours ago · Like · 1
    • I would add a statement from the Dr that stated "one more vaccine, he would have died" UGH this is crap they are doing to our already sick kids.
    • By vaccinating my child I would be putting his life and health at risk. Any potential benefit to a vaccine is outweighed by the known risks and potential risks to my son and it is unwise for him to be considered for vaccination. This in no way puts others at harm, but rather fulfills my duty to make sure the potential benefits are not outweighed by the potential risks. My duty is to my child and his health. It is in no one's best interest to jeopardize his health. I am signing this under duress and do not agree with the statement provided.
    • Author:  Ok this is what I have - anything missing/too much? I have to leave so kinda rushing. lol 

      To Whom It May Concern, 

      I am writing because of an issue I have in regards to exemption of vaccinations for my son. I’ve been informed by his school, that per the health dept, I must sign the vaccine exemption form given to me by them. In the past I signed it, but marked out the line I disagreed with. I’ve been told that new law states I must sign it as is, without altering it. After several years, and thousands of hours of research into vaccination and my child’s health, I do not believe or agree with this statement:

      "By signing this waiver, you acknowledge that you are placing your child and others at risk of serious illness should he or she contract a disease that could have been prevented through proper vaccination."

      This statement assumes that I acknowledge something that I don’t believe to be true. I believe this to be putting unjust liability on my shoulders. 

      I disagree with the statement but am signing it under duress, 

      7 hours ago · Like · 1
    • Author:  I added to the form itself in the reason section;

      After several years and thousands of hours of research into vaccines and the diseases they are meant to prevent, I do not believe the benefits outweigh the risks for my son.
      6 hours ago via mobile · Unlike · 2

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