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You Are Here: Home > Online Library > Articles > Life & Health > Article
Ohio Vaccine Legislative Alert! House Bill 200
BY Melanie Elsey
April 26, 1999

The Problem:

In 1998, with no committee hearings or discussion, the Ohio legislature mandated three hepatitis B vaccine injections for all kindergarten students in the state, effective autumn 1999. The mandate was added to a hazardous waste bill, as a House floor amendment, on the same day it was introduced. Vaccine manufacturers, who stand to sell $7-million worth of hepatitis B vaccine per year for each class of Ohio kindergarteners, personally lobbied legislators to pass this stealthy mandate.

Who catches hepatitis B?

In the U.S. hepatitis B is basically an adult disease. Adults at risk of contracting this disease include homosexuals and/or heterosexuals with multiple sex partners, intravenous drug users, or individuals whose occupations involve frequent exposure to blood. The disease is essentially unknown before age 10 years and is not spread by casual contact. More than 95% of U.S. citizens will never acquire hepatitis B in their lifetimes. Ohio already has a very low incidence of hepatitis B disease, without mandatory hepatitis B vaccinations. The Ohio Department of Health reports that more than 99.7% of Ohioans do NOT carry the virus. NO OHIO SCHOOL HAS EVER REPORTED HEPATITIS B TRANSMISSION. According to federal government statistics serious adverse reactions to the vaccine, including 48 deaths, are reported three times as frequently as cases of hepatitis B in children under the age of 14.

According to Dr. Jane Orient, Executive Director of the Association of American Physicians and Surgeons, "Considering the low risk of hepatitis B, and the published reports of serious adverse effects of the vacine, why can’t school mandates wait for more research? Mandates effectively use school children as research subjects without informed consent, in violation of the Nuremberg Code."

Existing Ohio law allows for an opt out of the mandate by the child’s parent. However, the provision is limited by the fact that the parent would have to know the option exists. The statute does NOT require that the parent be informed of this option. Since the federal government pays state health departments bonuses of up to $100 for every "fully vaccinated" child, there would certainly be NO MOTIVATION to inform the parent otherwise.

Vaccine adverse reactions:

Too many unanswered questions remain to inject all schoolchildren with this potentially dangerous vaccine. Late last year France discontinued mass hepatitis B vaccinations in schools due to reports that the vaccine can cause neurological disorders. On January 22, 1999 ABC News 20/20 reported on serious adverse effects of hepatitis B vaccine in children and adults. Individuals who testified in recent weeks before the Ohio House Health, Retirement, and Aging Committee included folks who have acquired neurological disorders and multiple sclerosis-like disorders as a result of receiving the hepatitis B vaccine.

The solution:

On February 23, 1999 Ohio House Bill 200 was introduced to put a one-year moratorium on the hepatitis B vaccine mandate, for the purpose of holding public legislative hearings. The bill’s sponsor, Ohio House Health Committee Chairman Rep. Dale Van Vyven, is joined by 17 cosponsors. Ohio House Health Committee hearings began in March and have continued in April.

The next and probably final hearing on HB 200 is scheduled for this Wednesday, April 28th. A vote is expected by the committee and the bill will be referred to the floor for a vote of the full House.

Chairman Van Vyven has introduced amendments to HB 200 which would: 1. REPEAL the mandate for the hepatitis B vaccine; and 2. REVISE the parent’s options in existing law for other required vaccines [see language below]

In part the amendment states: "At any time a school subject to this section provides information to a parent or guardian about the immunization requirements described in division (A)(1) or (2) of this section, the information shall include a complete and accurate description of the provisions of this section." "A pupil who presents a written statement of the pupil’s parent or guardian in which the parent or guardian, BASED ON PERSONAL BELIEFS, objects to an immunization for good cause, including religious convictions, is not required to be immunized. A statement shall be accepted only if it specifies all of the following: a) that the parent or guardian has received medical information about the immunization from an individual authorized to administer immunizations; b) that the parent or guardian understands based on the information received, the risks and benefits of the pupil receiving and not receiving the immunization; c) that the parent or guardian refuses to consent to the immunization and assumes full responsibility for the refusal; d) a child whose physician certifies in writing that such an immunization against any disease is medically contraindicated is not required to be immunized against that disease."

" A school district board of education may not deny admission to a school under its jurisdiction to a pupil described in division (B)(3) of this section, except that admission may be denied while there exists an immediate danger, as determined by the director of health or the board or department of health of the health district in which the school is located, of the spread of the disease for which the pupil was not immunized."

ACTION: Phone calls are needed before Wednesday’s committee vote.

Ask members of the committee to SUPPORT Chairman Van Vyven’s amendments to REPEAL the mandate for hepatitis B and provide medical informed consent on the rest of the required vaccines. It’s important to stress that there is NO NEED FOR THE MANDATE because there is NO PUBLIC HEALTH RISK for hepatitis B. It is almost unheard of in children and is NOT spread by casual contact [like chicken pox].

Remember, the mandate was put in place with NO public hearings NO research to substantiate the need. There is not even consensus in the medical community as evidenced by the number of letters and testimonies provided by physicians in opposition to the mandate.

Ohio House Health Committee members: Please note that Representatives Bryan Williams (R- Akron) and Kurk Schuring (R-Canton) are quoted in the Akron Beacon Journal (4/22/99) as saying that the "risks associated with the vaccine aren’t dangerously high." They said that the evidence they saw was not empirical, but anecdotal. They need help in understanding this from a "parental rights" perspective. They need to be reminded that there NO demonstrated public need to inject all kindergarten children 3 times with hepatitis B!!

Gentle reminder: Please be polite but firm when making your calls. A little bit of courtesy goes a long way!!

Dale Van Vyven, Chairman 614-466-8120 Please thank him for offering the amendments!! Kirk Schuring, Vice-Chairman 614-752-2438 Charles Brading 614-466-3819 Diane Grendell 614-644-5088 Nancy Hollister 614-644-8728 Jim Jordan 614-466-1507 Lynn Olman 614-466-1731 Joy Padgett 614-644-6014 Bill Taylor 614-466-1957 George Terwilleger 614-644-6027 Rose Vesper 614-644-6034 John Willamowski 614-466-9624 Bryan Williams 614-644-5085 Bill Ogg 614-466-2124 John E. Barnes 614-466-1408 Otto Beatty 614-466-5343 Dean DePiero 614-466-3485 Johnnie Maier 614-466-9078 Sylvester Patton 614-466-9435 Shirley Smith 614-466-7954 Betty Sutton 614-644-6037

Once the committee takes action on HB 200, I will send out an update. This will provide you with updated information to assist you in contacting your own state representative regarding the floor vote on the bill.

- Melanie Elsey