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If your Child's Grandfathered Medical Exemption was written by a disciplined doctors, it will likely be revoked.
What does this mean for you?

SB276 and SB714 were signed into law in California in 2019, modifying the statute that was put in place in 2015 by SB277 with regard to vaccine medical exemptions for school. As of January 1, 2021 these laws have gone into full effect. A section of that law reads:

(4) Medical exemptions issued prior to January 1, 2020, shall not be revoked unless the exemption was issued by a physician or surgeon that has been subject to disciplinary action by the Medical Board of California or the Osteopathic Medical Board of California.

(5) The department shall notify the parent or guardian, issuing physician and surgeon, the school or institution, and the local public health officer with jurisdiction over the school or institution of a denial or revocation under this subdivision.

(6) If a medical exemption is revoked pursuant to this subdivision, the child shall continue in attendance. However, within 30 calendar days of the revocation, the child shall commence the immunization schedule required for conditional admittance under Chapter 4 (commencing with Section 6000) of Division 1 of Title 17 of the California Code of Regulations in order to remain in attendance, unless an appeal is filed pursuant to Section 120372.05 within that 30-day time period, in which case the child shall continue in attendance and shall not be required to otherwise comply with immunization requirements unless and until the revocation is upheld on appeal.

Until late last week, most schools were not strictly implementing this section of the law. However, the California Department of Public Health (CDPH) send a letter to all child care facilities and K-12 schools in California, alerting them to this section of the law, including a 92-page list of all 9,142 doctors who have ever faced disciplinary action in California. You can read the letter, which links to the list here: [link removed] [[link removed]] . If you have a grandfathered medical exemption from one of the disciplined doctors, your child has been in school on borrowed time.

In 2019, prior to SB 714 being voted on A Voice for Choice Advocacy brought it to legislators attention that this was ridiculous because, for example a doctor who was put on probation for tax fraud 15 years earlier, would have their medical exemptions revoked, with no medical reason. The bill was rushed through and the language remains. Now that this has been implemented AVFCA is working diligently towards getting it repealed, either through legislation, executive order or litigation, or all three!

If your doctor is not on the list, then your child can continue to go to school with their existing medical exemption until the next checkpoint (TK/K or 7th grade), including transfering schools.

What do you need to do i f your child has a medical exemption from a doctor on the list ?

- Complete the AVFCA Medical Exemption Disciplined Doctor Form ( [link removed] [[link removed]] ), which will allow us to help you individually, beyond the instructions in this email, and also to try to get this repealed.

- Wait for your school to send you an email stating that your medical exemption is revoked. Until this happens your child's can remain in school.

- When you get the letter stating their medical exemption has been revoked, complete the appeals form within 30 days ( [link removed] [[link removed]] ).

- Work out a plan for what you are going to do, if your child can no longer attend school. Your options are to get a new ME through the CAIR-ME system (close to impossible), homeschool, vaccinate, or move out of state, unless your child has special needs and an IEP in which case they are exempt.

- Help AVFCA with researching the doctor list to understand what these doctors were disciplined for and when, to show how crazy this part of the law is, and to help parents fight for their MEs to be valid. You just need access to a computer and the internet. AVFCA asks for a minimum of an hour of your time, but there are many hours worth of work, so the more the better! If you have an hour or more r eply to this email with "Volunteer" in the subject and AVFCA will send you directions.

AVFCA will be in communication with CDPH and will keep you posted on further information.

If you found this information helpful and appreciate the work A Voice for Choice Advocacy is doing, please support us by making a donation today.

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Together we can make change happen.

C
Christina Hildebrand
President/Founder
A Voice for Choice Advocacy, Inc.
[email protected] [[email protected]]
www.AVoiceForChoiceAdvocacy.org [[link removed]]
www.avoiceforchoiceadvocacy.org [www.avoiceforchoiceadvocacy.org]
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A Voice for Choice Advocacy
530 Showers Drive, #7404
Mountain View, CA 94040
United States