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Grandfathered CA Medical Exemptions Written by an Accused (but not Disciplined) Doctor CANNOT be Revoked!

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.

We live in a country where you are innocent until proven guilty. A doctor who has been "accused" has had an accusation filed against them, but they have not had a hearing or have been found guilty of any charges. Grandfathered CA Medical exemptions written by doctors who have been accused, but not been subject to disciplinary action, cannot be revoked.

Over the summer, A Voice for Choice Advocacy started getting emails from parents telling us that their grandfathered medical exemptions, written by "accused" doctors, were being revoked and their children were being prevented from coming to school without vaccines or a new medical exemption. As we have done in the past, AVFCA went to work helping to advocate for these parents and was successful in keeping their children in school using the argument that accused does not equal disciplined.

AVFCA found out last week that these revocations were because of a letter sent out by the California Department of Public Health (CDPH) ( [link removed] [[link removed]] ) to all schools on June 21, 2022 with a revised list of doctors who have been disciplined for schools to check against. However, included in this June list were doctors who have been accused but not (yet) been disciplined. A Voice for Choice Advocacy contacted the California Medical Board and verified that "A pending accusation is not discipline, however, it means that the Attorney General’s Office has determined that there is sufficient evidence to file charges against the licensee." AVFCA then reached out to CDPH and requested they remove all "accused" doctors from the list and send a letter alerting schools to the error. AVFCA found out today that CDPH sent out a letter on Friday to all schools doing exactly that ( [link removed] [[link removed]] ). Included on page 2 of this letter is a list of doctors who were incorrectly included on the June CDPH Disciplined Doctor's list. So if you have a child with a grandfathered medical exemption which has been revoked even though your doctor has only been accused, but not been disciplined, please share this letter with your school and the will reinstate your medical exemption.

Note: Doctors who have been accused are usually disciplined within 12-18 months of being accused, so if your doctor is one of these, you need to work out your plan B for when they are disciplined. Your options are to get a new ME through the CAIR-ME system (close to impossible, and if you do, it will likely be revoked by CDPH), homeschool, vaccinate, or move out of state, unless your child has special needs and an IEP in which case they are exempt.

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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