By Barbara Loe Fisher
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With the exception of Pearl Harbor and Sept. 11, 2001, Americans have not been attacked by an enemy on our own soil. Unlike countries in Europe during World War II, America has never been occupied by a military force or locked down under martial law. We have never seen soldiers in armored vehicles patrolling the streets, warning us to stay in our homes or face arrest – or worse. Beginning in 1776, when our freedom seeking founders wrote the Declaration of Independence1 and stood their ground from Lexington and Concord to Saratoga and Valley Forge,2 and then came together to create a constitutional Republic dedicated to protecting individual and minority rights, 3 the United States of America has defined and served as a beacon for liberty for people around the world. 4
This summer, we watched soldiers patrolling the streets of Sydney, Australia with helicopters overhead blaring warnings to a stunned, locked down people to stay in their homes in the name of the public health.5 6 7 We have watched hundreds of thousands of people, young and old, gather together again and again in the streets of Paris, London, Rome, Athens, and Berlin.8 9 10 11 12 They are marching against authoritarianism, the kind of Orwellian authoritarianism embodied in government issued vaccine passports that punish citizens for simply defending the right to make a voluntary medical decision for themselves and their minor children,13 a decision about whether to be injected with a biological pharmaceutical product that can cause serious reactions,14 15 16 17 injure,18 19 20 21 kill22 23 24 or fail to work.25 26 27 28
The signs they carry say:
“No forced testing, no forced vaccines”
“Stop the dictatorship”
“Hands off our children:
“My body is mine”
“Big Pharma shackles freedom”
“No to the Pass of shame”
“Better to die free than live as a slave”
In what has become a prophetic primal scream for liberty, governments are ordering the police to break up the largely peaceful demonstrators29 30 flooding the big cities and small villages of western Europe, the first populations to organize massive public protests against old fashioned tyranny dressed up in 21st century clothes.
The people of Europe were the first to stand up for freedom during this government declared public health emergency because they know how tyranny begins. They know what it looks like and they remember what it feels like. They remember and are declaring, “Never again.”
In America, We Have Taken Our Freedom for Granted
Most Americans living today do not remember World War II or, if they do, it is through what their parents or grandparents told them about it. World War II was not fought on American soil. Americans went to war in Europe to stop the slaughter of millions at the hands of an authoritarian fascist government commanding the Army of the Third Reich that killed in the name of the public health and safety,31 32 even an authoritarian communist government slaughtered many more millions during a “Reign of Terror” in the Soviet Union. 33 Most American children today are not taught what happened in China after World War II, when the Chinese Communist Party (CCP) implemented the Great Leap Forward and the Great Proletarian Cultural Revolution. Those militant ideological cleansing campaigns imprisoned and killed tens of millions of citizens because they criticized or opposed authoritarian government policies.34 35
In America, we have taken our freedom for granted because, while we have been willing to fight to defend the freedom of others, we have never been called upon to defend it in our own backyard. Most Americans have never imagined we would experience a serious threat to autonomy and freedom of thought, 36 37 speech,38 39 conscience40 41 and assembly.42 So deep has been our trust in the laws and cultural values which have, for the most part, ensured fundamental freedoms in our country, that we never believed it could happen here.43 44
But the last 20 months have changed everything. Many Americans have begun to understand that tyranny can be disguised to look like safety, even as many others still cannot bring themselves to believe it.
America’s Move Toward Authoritarianism
Striking fear into the hearts and minds of the people, the move toward authoritarianism in America began with government officials suddenly telling us – even children as young as two years old – that we could not breathe fresh air or enter public spaces without a mask covering our face.45 46 47 48 49 Millions of American workers judged to be “non-essential” lost the ability to earn a living so they could eat and pay rent during “flatten the curve” lockdowns we were told would only last a few weeks but, instead, went on for months.50 51 52 Anyone who criticized government narratives about the origin of SARS-CoV-2 virus53 54 or questioned social distancing restrictions was immediately publicly shamed and censored.55 56 57 Any doctor, who tried to provide early treatment to COVID-19 patients by repurposing safe and effective licensed drugs and nutritional supplements to help their patients survive the infection, 58 were also publicly shamed and censored.59 60
After the FDA granted Pfizer and Moderna an Emergency Use Authorization (EUA) 61 in December 2020 to distribute their liability free experimental mRNA COVID-19 vaccines in the U.S.,62 63 64 65 public health officials enlisted big corporations to launch a hard-sell national vaccine advertising campaign targeting all Americans over the age of 12. 66 67 68 69 70 71 72 73 Anyone who asked questions or challenged the hard sell was immediately censored on social media.74 75 76 77 State governments and employers were encouraged to threaten workers,78 especially health care workers and emergency responders, with loss of their jobs for refusing the vaccine.79 80 81 82 Private businesses were encouraged to deny unvaccinated citizens entry to restaurants, stores and other public venues.83
By the end of July 2021, the Department of Veteran Affairs directed all VA health care workers to be fully vaccinated or lose their jobs. 84 In early August, the Department of Defense announced that all military service members must be fully vaccinated when the FDA officially licenses a COVID-19 vaccine or lose their jobs. 85 Suddenly, on Aug. 23, the Pfizer mRNA vaccine was licensed without a public meeting of the FDA Vaccines and Related Biological Products Advisory Committee (VRPBAC) and full disclosure of the scientific data supporting licensure.86
By the end of August, about 176 million Americans had been “fully” vaccinated, representing 53.6 percent of our population of 333 million people,87 which is the third largest in the world. And studies had confirmed that the SARS-CoV-2 infection mortality ratio (IFR) in the U.S. remains at less than one percent.88
Federal Government Declares War on Unvaccinated Americans
But the Executive Branch of the US government was not happy. Federal health officials had publicly set the goal of persuading 90 percent of Americans to get the COVID vaccine,89 although it is clear now that the real goal all along was a 100 percent vaccination rate: no exceptions and no questions asked.
At the beginning of September, the politics of persuasion gave way to an iron fisted approach using the heel of the boot of the State to try to club 100 million unvaccinated Americans into submission.
On Sept. 9, 2021, the President of the United States followed the advice of top public health officials and, in effect, declared war on unvaccinated Americans.90 91 He scapegoated and placed all the blame for the ongoing COVID-19 pandemic on the unvaccinated, even though federal health officials admit that fully vaccinated people can still get infected and transmit the virus to others;92 93 94 95 and even though breakthrough COVID infections, hospitalizations and deaths in fully vaccinated people are on the rise; 96 97 and even though evidence shows individuals who have recovered from the infection have stronger natural immunity than those who have been vaccinated; 98 and even though officials at the World Health Organization now say that the SARS-COV-2 virus is mutating like influenza and is likely to become prevalent in every county - no matter how high the vaccination rate.99 100
The President told 100 million unvaccinated Americans that “our patience is running thin” and issued an Executive Order that every person working for the Executive Branch of the federal government – more than two million people - must get fully vaccinated or lose their jobs.101 That order also applied to about 17 million health care professionals working in medical facilities that accept Medicare and Medicaid.102
There is no option for Executive Branch employees to get tested - the rule is get vaccinated or be fired. It is interesting that the order does not apply to workers in the Judicial Branch or Legislative Branch, which includes members and staffers in Congress.
The President also ordered the Department of Labor to issue a rule that carries penalties of $14,000 per violation to force private companies with more than 100 employees to get their workers fully vaccinated or be tested weekly. He also called for all teachers and school staff in all schools to be fully vaccinated.103 104
The next day, the Director of the National Institute of Allergy and Infectious Diseases, Dr. Anthony Fauci, criticized the President for not going far enough.105 Fauci said the government should give Americans no option but to get injected with the biological product that some describe as a vaccine, others characterize as a genetic therapy or cell disrupter biological, and others allege is a bioweapon made in a lab in China with U.S. funding.106 107 108 Then Fauci said all children must be vaccinated or denied a school education109 and all unvaccinated people must be banned from getting on an airplane.110 At the same time, a Virginia congressman introduced the Safety Travel Act that would require travelers getting on a plane or Amtrak train in the U.S. to show proof of COVID vaccination or a negative COVID test within 72 hours of boarding.111
Destroying the Lives of Those Who Dissent
Today, people in some cities are being denied entrance to restaurants and stores if they can’t prove they have been “fully” vaccinated.112 Doctors are refusing to provide medical care to the unvaccinated.113 Hollywood entertainers are celebrating the deaths of unvaccinated people, saying they deserved to die, and are calling for the unvaccinated who get COVID to be denied admission to hospitals for treatment. 114 115 Judges are separating children from mothers who have not gotten a COVID shot. 116 Influential scientists are insisting lawmakers make it a hate crime for anyone to publicly criticize scientists and government health officials. 117
Dissenters are told they are “selfish”118 and characterized as an enemy of the state119 for simply defending the human right to informed consent to medical risk taking.120 The normalizing of the ritualistic persecution of Americans who are refusing to give up the right to autonomy - which is the first and most fundamental human right - is underway. The Orwellian message is: the life of any person who dissents from government policy must be systematically destroyed.
Demanding obedience, government health officials characterize public health policies that segregate, discriminate and turn people against each other as “the good.” Yet, a lot of Americans instinctively know segregation and discrimination is not good. They know that persuading a majority of citizens to scapegoat a minority of citizens to cover up the failures of government is allowing evil to triumph.
Dissenting Americans, both vaccinated and unvaccinated, fill the ranks of every socio-economic class, every political party and every faith-based community. They understand the meaning of the warning that, “The only thing necessary for triumph of evil is for good men to do nothing,” and they are not going to stand by and do nothing.
When government threatens to take away an individual’s right to employment, education, health care and the ability to enter a store to buy food, enter a hospital or travel on public transportation, there is no other word for it but tyranny.
Weaponizing a Virus and A Vaccine Against the People
This virus, which has a 99 percent survival rate, and this leaky vaccine, which fails to reliably prevent infection and transmission in the fully vaccinated, has racked up a record breaking more than half a million vaccine adverse event reports in the U.S. alone.121 It will not be the last virus and vaccine to be weaponized against the people in the name of the greater good.
That is because forced vaccination is the tip of the spear in a culture war that has been going on for much longer than the 40 years that I have been a vaccine safety and human rights activist publicly warning that this day would come.122 123 124 It is a war that will cause more suffering until enough of us refuse to be siloed and, instead, join together to change dangerous laws that abuse the trust and good will of the people.
Every single American, whether you have been vaccinated or not, should stop to reflect upon what is happening in our country. Think about what liberty means.
Imagine What Life Will Be Like in the Future
Imagine what life will be like in the future if you cannot leave your home without being harnessed to a government issued digital ID, which contains personal information about your body and your life, and is hooked up to an electronic surveillance system that records and controls every move you make.
Imagine if you are a health care worker and your medical license is taken from you for refusing to get a government mandated vaccine, which is a public health policy being implemented in Washington, DC,125 a city where doctors can now vaccinate children as young as 11 years old without the knowledge or consent of their parents.126
Imagine if you cannot hold any type of job or enter a grocery store to buy food to feed your family, or enter a drug store, cafe, gym, school,127 cinema, museum, park or beach without showing proof you’ve been vaccinated.
Imagine if you are denied entrance to a doctor’s office or lose your Medicare and social security benefits because you don’t have the vaccine passport, a suggestion made recently on national television.128
Imagine if you cannot get on a plane or bus to visit your children or elderly parents because federal government officials have exercised authority over inter-state commerce and banned the unvaccinated from crossing state borders, an action that some proponents of forced vaccination are urging the current administration to invoke.129 130
Imagine if you cannot get a driver’s license, file your taxes, open or access your bank account or use a credit card to make a purchase if you fail to produce the required vaccine paperwork stamped by the government.
Imagine if you or your child have already suffered a previous serious vaccine reaction or have an underlying inflammatory immune disorder that increases your risk for being harmed by vaccination,131 132 133 but doctors refuse to see you because you are unvaccinated - which is already happening in America – and you are denied admission to a hospital for a life saving operation.
Forced Vaccination Was Always the End Game Before and During this Pandemic
If you think that that the vaccine passport is only about this virus and this vaccine, think again. Forced vaccination was always the end game both before and during this pandemic and the proof of that lies in the decades of federal legislation and federal agency rule making paving the way for what we are experiencing today.134 135 136 137 138 Right now, forced vaccination is the quickest means to what the World Economic Forum transparently describes on its website as “The Great Reset.”139 You, your children and grandchildren are the commodity, and in the name of the greater good, you are expected to obediently allow others to “reset” your lives in all kinds of ways without making a sound.
The government issued passport allowing you to function in society, is just the first step on the slippery slope to what will be many more requirements and restrictions on your freedom in the days, months and years to come. The question is, will you allow yourself to be used and abused by those currently holding the power to do what they want to do to you, or will you defend your God-given right to life, liberty and the pursuit of happiness?
This pandemic of deception and incompetence has stolen from our daily lives the peace and joy we deserve to have, leaving too many of us confused and paralyzed by fear, divided from our family and friends, crippled with anxiety and despair, allowing hopelessness to rule our days.
We Can Refuse to Live in Fear and Push Back Against Authoritarianism
It doesn’t have to be like this. We can refuse to be psychologically manipulated so we are unable to engage in rational thinking and are crippled by fear. We can push back against the authoritarians taking away our freedom and trying to divide us. We can do it the way that all successful social reform movements before us have done it: through actively participating in local, state and federal government and by engaging in non-violent civil disobedience,140 if that becomes necessary.
Instead of allowing ourselves to be separated from one another, we can stay connected and meet together in small groups in our homes and neighborhoods. We can develop personal relationships with our elected officials at every level of government – from our local sheriff and elected members of local school boards and city and county councils, to our elected state and federal legislators. If we don’t like the way the people we have elected are governing, we can vote them out, or run for office ourselves and help change the laws.
We can talk to the young men and women serving in our community police departments and the U.S. military to remind them of how important it is to value and protect human rights and civil liberties, so that if they are ever called upon to implement authoritarian rule, they will make the right choice.
Above all, we can be self-disciplined and make rational decisions that do not lead to violent confrontations, because that kind of behavior only plays into the hands of those, whose ultimate goal is to take away autonomy and more individual freedoms in the United States. During the civil rights movement of the 1950s and 60s, the most profound statements were made by those who sat down in the front of the bus, or in a chair at a segregated restaurant or other public place, and simply refused to move.141
Standing Our Ground During This Time of Oppression and Suffering
There are restaurant owners in New York City, who are refusing to follow orders directing them to discriminate against and deny service to the unvaccinated. 142 143
There are veteran health care workers on the frontlines caring for patients during the pandemic, who are being fired for supporting informed consent rights, 144 145 and giving up their careers to stand on principle. Many of them suspect that the next cruel order they will be told to obey is to deny life saving medical treatment to unvaccinated patients.
There are corporate CEO’s and union leaders, who are refusing to bow to political pressure to require rank and file workers to get the vaccine or risk losing their jobs.146 147
There are courageous doctors and scientists, who have never spoken out publicly before, who are risking their careers by demanding that mass vaccination policies be backed up by good science;148 149 who are challenging the government’s narrative that natural immunity is not as good as vaccine acquired immunity; 150 who are criticizing the long term safety of mRNA vaccines,151 and providing convincing evidence that the SARS-CoV-2 virus did not spontaneously jump out of a bat but was genetically engineered by scientists in biohazard labs. 152
There are state lawmakers, who are listening to the people and refusing to vote for the passage of forced vaccination laws that perpetuate the illusion that vaccine passports are the only solution to ending the pandemic.153 154
These Americans are rejecting authoritarianism. They are heroes, and they are on the right side of history.
They and many other brave Americans are helping us make our way through this time of fear, oppression and suffering when the cultural values and beliefs that have guaranteed freedom in this great country of ours are being tested.
Restoring the Spirit of Freedom to the Center of Our Culture
I believe we will come together and pass this test. We will act responsibly to protect our liberty. We will restore the spirit of freedom to its rightful place at the center of our culture.
We will do it because we know that if the state can tag, track down and force individuals against their will to be injected with biologicals of known and unknown toxicity today, then there will be no limit on which individual freedoms the state can take away in the name of the greater good tomorrow.
You can choose to be a hero wherever you live. You can choose to reject the ugly call to shame and punish your friends, family members, neighbors, colleagues and fellow citizens for defending the human right to autonomy and protection of bodily integrity, which is the essence of the informed consent ethic. You can choose freedom over fear.
Be the one who never has to say you did not do today what you could have done to change tomorrow. Do it for yourself, your children and grandchildren, and for all the generations to come.
It’s your health, your family, your choice. And our mission continues:
No forced vaccination. Not in America.
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105 Alexander H. Fauci tells Biden to go FURTHER: CDC chief says president’s sweeping COVID-19 vaccine mandate is a ‘MODERATE’ plan and he would not give Americans the option of testing instead. Daily Mail Sept. 10, 2021.
106 Gertz B. Coronavirus link to China biowarfare program possible, analyst says. The Washington Times Jan. 26, 2020.
107 Shepherd I. mRNA Vaccines: The Silent Weapon. Lew Rockwell Aug. 28, 2021.
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110 Blanco A. 'If you travel on a plane you should be vaccinated': Fauci demands vaccine mandate for air travel and public schools in bid to reach herd immunity. Daily Mail Sept. 13, 2021.
111 Beyer D. Beyer Introduces Legislation Requiring Vaccination or Testing for Airport, Amtrak Travelers and Workers. Press Release Sept. 9, 2021.
112 Milligan S. No Shot, No Shoes, No Service. US News & World Reports July 30, 2021.
113 Parpia R. US Doctors Refuse to Provide Care for Unvaccinated COVID Patients. The Vaccine Reaction Aug. 30, 2021.
114 Garvey M. Howard Stern to anti-vaxxers: ‘You had the cure and you wouldn’t take it.’ CNN Sept. 10, 2021.
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117 Hotez PJ. Mounting antiscience aggression in the United States. PLOS Biology July 28, 2021.
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125 Segraves M. DC Health Care Workers Could Lose Licenses if Unvaccinated. NBC Sept. 7, 2021.
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All Proposed COVID-19 Vaccine Mandates Rejected by State Legislatures
Update: The error in the video about our texting program has been corrected. This is the reissued video. The legislative report was not impacted by the initial error.
By The NVIC Advocacy Team
2021 has been a most extraordinary year, and the filing and passage of state-based vaccine legislation in response to the COVID-19 pandemic has proven to be historic as well.
Even in spite of the sometimes divisive and hostile political climate, active citizen involvement in the legislative process to protect the human right to exercise informed consent to vaccination was the most successful it has ever been.
The non-profit educational charity National Vaccine Information Center (NVIC) reports that during the 2021 legislative session, NVIC analyzed, tracked and issued positions on an unprecedented 473 vaccine related bills in 49 states through the NVIC Advocacy Portal. This was the highest number of bills in the history of NVIC’s advocacy program, which was established in 2010, and more than double the bills last year.
NVIC provides well-referenced, accurate information to the public about vaccine science, policy and law but does not make vaccine use recommendations. In 2010, NVIC launched the NVIC Advocacy Portal (NVICAP), a free online vaccine choice advocacy network, for the purpose of securing and defending informed consent protections in vaccine policies and laws.
Over the last 12 years, the NVIC Advocacy Program has analyzed, tracked and issued positions on close to 2000 vaccine related bills. NVICAP staff work alongside and share legislative information with many health freedom groups that support NVIC’s four-decade call for the protection of vaccine informed consent rights in America. The NVIC Advocacy Portal team, including NVIC Advocacy state directors and aligned groups, work with families and enlightened health care professionals to educate legislators and protect vaccine informed consent rights. NVIC issues action alerts and sends them through email, posts them online and shares them through social media and our text alert program.
At the time this report was written, many states still have active vaccine-related bills filed in regular or special sessions; have bills prefiled for next legislative session or are in recess and will come back to work on bills; or have bills that carry over until next session, so it is especially important for everyone who uses the Portal to check in regularly.
Bills referenced in this report are published on the NVIC Advocacy Portal. Registered users can obtain a more detailed bill analysis, including current status, as well as NVIC’s position on the bill and recommended action. Many bills published on the NVICAP also contain language that falls outside of NVIC’s mission, but analysis and positions published on the Portal are only focused sections of these bills that fall within NVIC’s mission. Additionally, states and local regions both gained and lost rights this session from executive and local orders, but these orders were not tracked on the Portal attached to grassroots advocacy action items because they were not voted on, so there was no way for citizens to affect the outcome.
Highlights from 2021 To-Date
There are significant positive take away points from the initial outcomes of the 2021 legislative session:
- Out of the 30 passed bills that contained COVID-19 related measures, 29 were bills that had positive elements that protected vaccine informed consent rights and only one restricted rights. No state legislatures passed bills with COVID-19 mandates. The only COVID-19 vaccine mandates enacted so far were created by state Governors, state or local officials, or by private employers.
- So far, 20 states have passed some form of protective language from COVID-19 vaccine mandates or vaccine passports in some capacity. These states are: Alabama, Alaska, Arkansas, Arizona, Florida, Iowa, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Utah. Specific protections are broken out in detail below.
- The 2021 legislative session featured 278 bills worthy of NVIC’s support, which is more than any legislative session since the launching of NVIC’s Advocacy Portal in 2010. This is up from only 18 good bills that NVIC supported in 2016. This is the first year in which NVIC has supported more vaccine-related bills than we opposed, and the ratio of bills supported to bills opposed is more than 2 to 1. An impressive 29 positive bills supporting vaccine informed consent rights passed.
- Out of the 473 bills filed, NVIC supported 278 bills, opposed 130, and watched 65. Of the 65 bills being watched, there were 52 that included some positive elements.
- Out of the 55 vaccine-related bills that passed, NVIC supported 29 and opposed 14. Out of the 12 bills being watched, 7 included some positive elements worthy of support.
The vaccine-related bills for the 2021 session that passed are broken out and described below by category.
2021 Passed Bill Analysis by Category
NVIC Advocacy has categorized the 55 bills that passed so far in 2021 in the following categories:
- Vaccine Exemptions and Mandates
- Informed Consent
- Minor Consent
- Vaccine Tracking
- Expanding Vaccine Administrators
- Unnecessary Bills
- Vetoed Bills
Some bills may be included in multiple categories.
The NVIC Advocacy Team provides referenced, accurate vaccine information and talking points for NVICAP users to background legislators. Some of the position statements NVIC posted on the Advocacy Portal in 2021 were listed as bills to “watch.” Sometimes this is done because our analysis indicated that the bill was well-intentioned, but contained some problems needing amending before we could support. Sharing this information resulted in many positive changes to bills.
The breakout and analysis of bills that passed in these different categories identifies trends across the states. This serves as a guide to educating your state legislators and community in 2021, and it shows why it is so important to speak up and protect vaccine informed consent rights. Your voice is making a difference!
COVID-19 Related Bills (30)
Many of the bills filed in 2021 attempted to protect people from being mandated to take a COVID-19 vaccine or being discriminated against for not showing proof of vaccination or post-infection recovery, including bills opposing vaccine passports in some form.
In November of 2020, NVIC Advocacy created and shared model language to address the real threat of vaccine mandates and forced vaccination in the states in all areas (society, employment, health care, emergency powers etc.) with NVIC state directors and leaders of groups that work closely with NVIC. NVIC hosted a leader training session and, subsequently, these dedicated freedom and informed consent leaders reached out to their legislators, which assisted in the filing of bills in 49 states with various types of protection from COVID-19 vaccine passports or COVID-19 vaccine mandates.
One of these bills, which was derived from NVIC model language - Texas SB 1669 - offered the most comprehensive protections of all state bills filed this legislative session. Although SB 1669 did not pass in Texas, the amazing statements, which were made in public hearings by the bill author, Texas doctors and citizens opposing proposed COVID-19 vaccine mandates, helped shift the public conversation for the country. Read NVIC’s full report on the May 6, 2021 historic hearing, which includes transcripts of selected testimony.
So far, 20 states have passed some form of protective language that prohibit COVID-19 vaccine passports or COVID-19 vaccine mandates in some capacity. These states are: Alabama, Alaska, Arkansas, Arizona, Florida, Iowa, Indiana, Kansas, Kentucky, Louisiana, Missouri, Montana, New Hampshire, North Carolina, North Dakota, Ohio, Oklahoma, Tennessee, Texas, Utah.
Of the 30 COVID-19 related bills that passed, 29 were bills that had positive elements that protected informed consent rights and only one restricted informed consent rights.
No state legislature passed bills with COVID-19 mandates.
Regarding employer COVID-19 vaccine mandates, Montana passed legislation prohibiting this and Arizona passed legislation prohibiting teachers from being forced to be vaccinated in-order to keep their jobs.
Prohibiting discrimination or segregation against those declining COVID-19 vaccines or preventing citizens from being required to show documentation of proof of COVID-19 vaccination (or showing a vaccine passport) has been included in bills passed in many states this year. Alabama, Arizona, Arkansas, Indiana, Iowa, Kansas, Missouri, Montana, New Hampshire, North Dakota, Tennessee and Texas all passed various types of bills prohibiting discrimination or a requirement to show proof of COVID-19 vaccination in certain circumstances.
Students have gained protection from school COVID-19 vaccine mandates in certain circumstances in Alaska, Arizona, Florida, Kentucky, Louisiana (disclosure of existing right to decline) Oklahoma, Tennessee, and Texas.
Requirements to obtain parental consent to vaccinate minor children in certain circumstances have been added in North Carolina and Ohio.
COVID-19 vaccine mandates have been prohibited outright in certain circumstances in Arizona, Arkansas, Florida, Indiana, New Hampshire, Tennessee, and Utah, and new rights to decline COVID-19 vaccines in certain circumstances were added in Arizona, Kentucky and Montana.
Citizens of Iowa and Indiana are protected from having their vaccine status tied to their drivers’ license or state identification, and Utah has prohibited specified financial incentives to vaccinate with taxpayer money.
The only state to pass a bill limiting rights was Virginia, which penalizes unvaccinated workers in workman’s compensation benefits if they have COVID-19.
It is important to note that the COVID-19 mandates that are being implemented today have all been through orders by governors, state health or local officials, or by private employers. None have been enacted through passage of legislation by elected representatives in state legislatures.
Some of the state governors have issued executive or emergency orders for COVID-19 mandates. These include:
- Connecticut Governor Ned Lamont - Executive Order 13D - COVID-19 vaccine mandates for state employees and schools;
- Hawaii Governor David Ige - Emergency proclamation - COVID-19 vaccine mandates for state and county employees;
- Illinois Governor JB Pritzker - Executive Order 22 - COVID-19 vaccine mandates for health care workers and school personnel;
- New Jersey Governor Philip Murphy - Executive Order 253 - COVID-19 vaccines for all school workers;
- Oregon Governor Kate Brown - Executive Order 29 - COVID-19 vaccine mandates for employees of the executive branch;
- Virginia Governor Ralph Northam - Executive Directive 18 - COVID-19 vaccine mandates for state worker; and
- Washington Governor Jay Inslee - Executive Order 21-14.1 - COVID-19 vaccine mandates for state workers and health care providers.
Some state health agencies that have issued rules or orders for COVID-19 vaccine mandates. These include:
- California Department of Public Health Director and State Public Health Officer Tomás J. Aragón MD DrPH - Public Health Order - COVID-19 vaccine mandates for health care workers;
- Colorado Board of Health - Emergency Rule 6 CCR 1011-1 Chapter 2, General Licensure Standards and the COVID-19 Vaccine - COVID-19 vaccine mandates for health care workers;
- Maine Department of Health and Human Services (DHHS) and Center for Disease Control and Prevention (Maine CDC) - Emergency Order - COVID-19 vaccine mandate for health care workers; and
- New York State Department of Health Board and Commissioner of Health Howard Zucker - order for summary action - COVID-19 vaccine mandates for staff and volunteers at hospitals and nursing homes.
Some local governments or departments have issued rules or orders for COVID-19 mandates. These include:
- Denver Department of Public Health and Environment - Denver Public Health Order - August 2, 2021 - COVID-19 vaccine mandates for city and county employees;
- Honolulu Mayor Rick Blangiardi - Emergency Order NO. 2021-11 - COVID-19 vaccine mandate for employees and customers of restaurants, bars, gym and fitness facilities, and entertainment and recreational settings and proof of COVID-19 vaccination to enter;
- Los Angeles Unified School District School Board - School Board File #: Rep-091-21/22, Version: 1 - COVID-19 vaccine mandates for students over age 12;
- Los Angeles City Council - Council File Number: 21-0921- COVID-19 vaccine mandates for all city employees;
- New York City Mayor Bill de Blasio - Emergency Executive Order 225 - COVID-19 vaccine mandate for all entry into indoor entertainment, recreation, dining and fitness settings;
- New Orleans Mayor LaToya Cantrell - emergency order - COVID-19 vaccine mandate for indoor dining, indoor fitness, indoor entertainment and performance spaces and certain outdoor performance spaces;
- District of Columbia Mayor Muriel Bowser- Mayor’s Order 2021-099 - COVID-19 vaccine mandates for all DC employees including health professionals, contractors, grantees, and interns.
Some private employers who are already mandating COVID-19 vaccines are Facebook, Google, Microsoft, United Airlines, CNN, Ascension Health, Disney, Amtrack, and Goldman Sachs.
Mixing government mandates with employer mandates, the San Antonio Independent School District and Superintendent Pedro Martinez enacted an employment policy that all district employees must be vaccinated against COVID-19. The state of Texas is suing the school district to stop implementation of the mandatory vaccination policy because it is in violation of the Texas Governor’s executive order that prohibits COVID-19 vaccine mandates in the state. There are multiple lawsuits challenging these types of COVID-19 vaccine mandates.
Looming on the horizon are threats of more COVID-19 vaccine mandates from President Joe Biden for federal workers in the Executive branch, employers with 100 or more employees, and military personnel in the armed forces.
Now more than ever, it is critical that people continue to be involved in the legislative process at all levels of city, county, state, ad federal government, which includes learning where candidates stand on issues important to your family and voting accordingly, and continuing to educate legislators, your governor, and local officials in order to protect informed consent and reject discrimination, segregation and forced vaccination. Your voices are making a huge difference as you can see in this report, including all the positive bills that were passed protecting informed consent rights listed below.
Passed Bills Improving Rights to Refuse COVID-19 Vaccines
Alaska HB 76 adds the right of an individual, as well as the parent or legal guardian of a minor child, to object to the administration of a COVID-19 vaccine based on religious, medical, or other grounds. Additionally, the legislation prohibits requiring a person, who is declining the COVID-19 vaccine for themselves or a child, to provide justification or documentation for that declination.
Alabama SB 267 prohibits entities from denying benefits, services and access based on vaccination status.
Arizona SB 1825 prohibits public universities or community colleges from requiring or showing proof of receiving COVID-19 vaccines, with the exception of studies being done at a health care institution.
Arizona HB 2898 prohibits school district and charter schools from requiring teachers or students to receive COVID-19 vaccines.
Arizona SB 1819 allows individuals to decline vaccination orders based on personal beliefs during state of emergency declarations.
Arizona SB 1824 prohibits state and local government from requiring a COVID-19 vaccine or establishing a vaccine passport, and it prohibits EUA vaccines from being mandated.
Arkansas HB 1547 prohibits the mandating of COVID-19 vaccines for two years after FDA licensure.
Arkansas SB 615 prevents any state or local government official from requiring a vaccine passport and prohibits the use of a vaccine passport as a condition for entry into stores or other public venues, travel, education, or services.
Florida SB 2006 prohibits government, business and educational institutions from requiring proof of COVID vaccination or post infection recovery. The bill, however, exempts health care facilities, which could leave Floridians vulnerable to being denied health care because of vaccination status.
Indiana HB 1405 prohibits the state from issuing and requiring an immunization passport. This bill was not limited to just COVID vaccines.
Iowa HB 889 prohibits the state from including vaccination status of COVID-19 vaccines on state issued ID cards. The bill would also prohibit a business or governmental entity from requiring a customer, patron, client, patient or other person invited onto the premises from having to furnish proof of having received a COVID-19 vaccine. However, NVIC opposed that bill because it specifically excludes health care facilities. This makes people vulnerable to being denied healthcare over a COVID-19 vaccination status.The only penalty in the bill for a business in violation is that it can be denied grants or contracts funded by the state. There would be no penalty for a business that does not utilize state grants or contracts.
Kansas SB 159 prohibits the use of state general funds to issue or require a COVID-19 vaccine passport without an individual’s consent or deny access because of COVID-19 vaccine status. This was an appropriations bill affecting fiscal years ending through June 30, 2023 for state agencies.
Kentucky SB 8 adds vaccination exemptions for all and for children attending school during a declared emergency, and requires the Cabinet for Health and Family Services to make vaccine exemption forms available.
Louisiana HR 20 directs each licensed day care center, kindergarten, elementary or secondary school, college, university, proprietary school, or vocational school that requires a vaccine for COVID-19 being distributed under and Emergency Use Authorization (EUA) to fully inform each student or parent or legal guardian of a student that a COVID-19 vaccine, which has not yet been fully licensed by the US Food and Drug Administration (FDA), is experimental, and that he or she has a right to refuse the vaccine for reasons of health, religion, or conscience. Because it is a resolution, it does not enact a new law, nor does it carry any mechanism for enforcement or imposition of a penalty for not complying with the law. This could be helpful if any daycares, schools or colleges try to require COVID-19 vaccines being distributed under an EUA.
Missouri HB 271 prohibits a county, city, town or village, which receives public funds, from requiring documentation of an individual having received a vaccination against COVID-19 in order for the individual to access transportation systems, services, or any other public accommodation. This section would only apply to local government entities receiving public funds and it does not prohibit private businesses or state government entities from requiring documentation of COVID -19 vaccination.
Montana HB 435 grants COVID-19 liability limits and protects people’s right to refuse a COVID-19 vaccine. If a federal or state statute, regulation, order, or public health guidance related to COVID-19 recommends or requires a vaccine, an individual is not required to receive a vaccine and a government entity is not required to ensure employees or agents are vaccinated to meet the standard of care.
Montana HB 501 prevents people from being charged with a criminal trespass violation for not having a vaccine, not providing vaccination status, or wearing a mask in a public place by adding a new section to the existing criminal trespassing statute.
Montana HB 702 protects those not wanting to be vaccinated with any vaccine, including COVID-19 vaccines, in many areas by prohibiting government, private employers or a public accommodation from penalizing, segregating, discriminating, withholding goods or services or privileges based on the person's vaccination status or whether the person has an immunity passport.
There are several exceptions to the protections in Montana HB 702 that NVIC does not support. The law exempts health care facilities from having to comply. Health facilities could require employees, patients or visitors, who are not vaccinated or unable to prove immunity, to divulge their private vaccination status. Based on that information, they could implement “reasonable” accommodation measures. There are no definitions or limits for exactly what those reasonable accommodations would look like.
Permitting a medical facility to require visitors to divulge their vaccination status to have access to visit family or friends is discrimination and this new law permits that type of discrimination. The legislation also exempts nursing homes or long-term care and assisted living facilities from complying with informed consent protections for individuals when compliance would result in a conflict with guidance or regulations from the U.S. Centers for Disease Control (CDC) or the Centers for Medicare and Medicaid services. The bill also exempts the protections from applying to schools or day care.
New Hampshire HB 220 establishes limited medical freedom regarding vaccination and prohibits governments from compelling a person to receive a COVID-19 vaccine to secure, receive, or access any public facility, any public benefit, or any public service from the state of New Hampshire or any subdivision. There are exceptions for which these protections do not apply, including schools or state or municipal health facilities, which can still require vaccination for treatment or for inmates, who can still be compelled to be vaccinated. There are no protections from vaccine mandates by private employers or businesses.
North Carolina HB 96 requires parental consent for minors to be vaccinated with vaccines being distributed under an EUA. COVID-19 vaccines are already starting to receive full FDA approval, so this offers no additional parental consent requirements to COVID-19 vaccines that have been fully licensed.
Current law 90-21.5 in North Carolina already allows any minor to consent to medical health services for the prevention, diagnosis and treatment of venereal disease and other diseases reportable under G.S. 130A‑135. Parents in North Carolina should be warned that the North Carolina Health Department is using this current law, that was intended for communicable diseases such as sexually transmitted diseases, to allow doctors to give minors COVID-19 vaccines without parental consent. The parental consent protection passed in HB 96 will become non-applicable for any vaccine that moves from an EUA to full licensure.
North Dakota HB 1465, for vaccines being distributed under an EUA, prohibits a state or government entity or private business from requiring documentation of administration of a vaccine, the presence of antibodies or evidence of post transmission recovery, in exchange for access to goods or services. The limited protections do not apply during a public health disaster or emergency declaration and do not apply to any fully licensed vaccine. The bill also does not apply to a health care provider, including a long-term care provider, or to vaccines required for schools or colleges.
Ohio HB 6 requires written parental consent before a minor can be vaccinated with COVID-19 vaccines.
Ohio HB 244 prohibits schools from requiring a vaccine that has not been fully licensed by the FDA and prevents discrimination against those who have not received such a vaccine. This bill will not provide protections from COVID-19 vaccine mandates in schools once the vaccines are fully licensed by the FDA. The protections provided in the bill do not apply to colleges owned or operated by hospitals. HB 248 is still moving in Ohio and deserves support because it provides protections missing in HB 244.
Oklahoma SB 658 prohibits school requirements for COVID-19 vaccines or vaccine passports as a condition of admittance to or attendance in schools, and prohibits masks for those who have not received COVID-19 vaccine. It also requires the State Department of Education to require schools to educate parents about vaccine exemptions each time references are made to vaccination requirements.
Tennessee HB 13 prohibits government entities from forcing, requiring or coercing a person to receive COVID-19 vaccines. The protections don’t apply to higher education students in healthcare, dentistry, or pharmacy.
Tennessee SB 858 prohibits a government entity from mandating that a private business or government entity require proof of a COVID-19 vaccination as a condition of entering the premises of the business or government entity, or utilizing services provided by the business or government entity.
Texas SB 968 prohibits all government entities in Texas from issuing a vaccine passport, vaccine pass, or other standardized documentation to certify an individual’s COVID-19 vaccination status or to publish or share a person’s COVID-19 vaccine record for a purpose other than health care. It also prohibits all businesses from requiring a customer to provide any documentation certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry or access to or to receive service from the business. A business that fails to comply is not eligible to receive a state grant or enter into a contract payable with state funds. Each appropriate state agency shall ensure that businesses in Texas comply and they may require compliance as a condition for a license, permit, or other state authorization necessary for conducting business in Texas. What the new law does not cover is a prohibition on COVID-19 vaccine mandates by private employers. Texas vaccine informed consent advocates are working to pass a bill in special session to stop private employer mandates.
Utah HB 308 prohibits government mandates for emergency use COVID-19 vaccine only, except for certain individuals in section 4 of the new law, who are subject to mandates even with vaccines being distributed under an EUA. Also, the prohibition of mandates will expire on July 1, 2024. Once the available vaccines are fully licensed by the FDA, protections will not apply. Also, this does not protect employees from employer mandates.
Utah SB 1001 prohibits monies appropriated by the legislature from American Rescue Plans federal funding, or by any other appropriation relating to COVID-19 vaccines, from being used to provide financial incentives, awards, drawings or prizes, or any similar incentive to anyone for receiving a vaccination.
Passed Bills Limiting Rights of those Refusing COVID-19 Vaccines
Virginia HB 1985 allows discrimination against and economic sanction for unvaccinated employees by removing presumption for coverage in workmen’s compensation law for employees, who decline to get the COVID-19 vaccine.
Censorship Bills (1)
For a significant win passed in a second special session, Texas HB 20 prevents social media companies with more than 50 million monthly users from banning users simply based on their viewpoints. The law also requires social media sites to disclose their content management and moderation policies; implement a complaint and appeals process for content they remove, and provide a reason for the removal and a review of their decision. The law prohibits email service providers from impeding the transmission of email messages based on content.
A social media user could bring an action against a social media platform that violated the bill by censoring and banning the user from the platform. A user proving a violation would be entitled to recover declaratory relief, including costs and reasonable attorney's fees, and injunctive relief. The attorney general can also take action.
NVIC has been a victim of the type of censorship this new law will prevent in Texas. NVIC’s Facebook page grew from 800 followers in 2008 to 218,000 in 2020. After 39 years of being a highly respected well known non-profit charity advocating for vaccine safety and informed consent, NVIC’s 13-year-old Facebook page with over 200,000 followers was permanently de-platformed in March 2021. NVIC’s Instagram account was eliminated in April 2021 and NVIC’s Twitter account was eliminated in May 2021. Some of NVIC Advocacy’s email subscribers have reported that their email provider has censored email subscription verifications and action alerts.
Vaccine Exemptions and Mandate Bills (5)
Legislators fought hard to stop bills attempting to add more vaccine mandates or restrict or remove vaccine exemptions. Out of 38 bills filed attempting to add more vaccine mandates, restrict or remove vaccine exemptions, only two of the proposed bills passed.
Connecticut HB 6423 eliminates the religious exemption for public and private schools, colleges and daycare for the 2022-2023 school year. The act grandfathers into the exemption individuals enrolled in grades kindergarten or higher who submitted a religious exemption prior to April 28, 2021. It also adds data collection and a review of medical exemptions.
Washington SB 5151 requires outdoor “nature-based” child care provider employees and volunteers to have MMR vaccine.
Oregon HB 2359B would have required health care interpreters to be registered and receive all recommended vaccines. Opposition helped get this offensive section removed before passage of the bill.
On the other hand, three good bills passed that expanded informed consent protections in specialized circumstances.
Montana HB 334 strengthens the medical exemption to vaccination, prohibits the health department from reviewing exemption for the purpose of approving or denying it, and provides privacy protections.
Tennessee SB 1337 prohibits an individual or members of the individual's household to undergo an immunization as a condition of adopting a child unless the child is under eighteen (18) months of age or has significant documented health condition that would necessitate vaccination of the caregiver or members of the caregiver's household. NVIC supports the prohibition of the vaccine requirement on adoption of children but opposes the exceptions to the prohibition.
Utah HB 233 prohibits the Utah Board of Higher Education and institutions within the higher education system from requiring proof of vaccination unless vaccine exemptions are available, and prohibits higher education institutions and local education agencies that offer both remote and in-person learning from requiring a vaccine-exempt student to participate remotely rather than in-person. The law does not apply to students studying in a medical setting at an institution of higher education. It also does not prohibit employees of the institution from having to show proof of vaccination.
Arizona SB 1353 initially was filed to allow an antibody test in lieu of a rabies vaccination booster for animals, and NVIC supported the bill in that form. Unfortunately, that section was removed as the bill moved forward, but we continued to watch it in case the animal vaccination exception was added back. This was one of only five bills that we had in the watch category that passed with no positive provisions.
Informed Consent Bills (5)
In the 2021 legislative session so far, five bills have passed making improvements to securing the legal right to informed consent to vaccination. This is a significant gain over 2020 where 30 bills were filed attempting to improve informed consent protections with none of those bills passing last year.
Florida HB 241 adds sweeping parental rights protections. Specifically related to vaccines, it adds vaccine exemption disclosure. It requires school boards to develop and adopt a policy to promote parental involvement in the public school system, which includes procedures for a parent to learn about parental rights and responsibilities under general law, including the right of a parent to exempt his or her minor child from immunizations.
Idaho HB 298 requires schools to provide information on vaccine exemptions. It specifically requires school officials to describe vaccine exemptions and provide a citation to the exemption law in any communication to parents and legal guardians regarding immunization.
Idaho SB 1212 requires when the State of Idaho is using funds from the federal law PL 117-2, The American Rescue Act, to promote vaccines, they would also have to include informed consent language similar to that required by the FDA. It stipulates that an equal amount of funds may be expended on the promotion of health education, including but not limited to exercise and fitness, consumption of vitamin D supplementation, and a reduction in non-nutritional foods such as high-fructose corn syrup.
Oklahoma SB 658 (also listed under COVID-19 bills), prohibits school requirements for COVID-19 vaccines or vaccine passports as a condition of admittance to or attendance in schools, and prohibits masks for those not vaccinated against COVID-19. It also requires the State Department of Education to require schools to educate parents about vaccine exemptions each time references are made to immunization requirements.
Tennessee SB 1175 requires any communication provided to students or parents by any school, nursery school, kindergarten, preschool, child care facility or public institution of higher education regarding immunization requirements to include information on the grounds for exemptions to the immunization requirement.
Minor Consent Bills (3)
In our 2020 NVIC State Legislative Report, issued in September of 2020, we reported that in the troublesome new category of doctors allowing minor children to consent to vaccination on their own without the knowledge of their parents, there were 39 bills filed across 2019 and 2020, but none had yet passed at the time we released our report.
In October 2020, the worst minor consent bill of them all, DC B23-0171 started to move, and was ultimately passed and allowed to go into effect by Washington, DC Mayor Muriel Bowser effective December 23, 2020. A lawsuit was filed in federal court by the Parental Rights Foundation in July of 2021 to halt DC’s Minor Consent Act of 2020. To read more about this, please link to an article written by NVIC Co-Founder and president, Barbara Loe Fisher, entitled “Doctors Given Power to Vaccinate Young Children Without the Knowledge of Parents.”
In the 2021 legislative session to date, the six states of Colorado (1), Minnesota (3), New Jersey (1), New York (4), Pennsylvania (1), and Vermont (1) have bills filed to allow for minor consent. So far, only one has passed. Colorado SB 16 allows minors to be vaccinated with vaccines for sexually transmitted infections without parental knowledge or consent.
Parents in Oregon should be aware of a bill that passed this session, which puts their children in danger of being pressured to consent to vaccination without the knowledge or consent of their parents. Oregon HB 2591A expands funding for mobile medical vans to provide vaccines at schools. The problem with this bill is that in Oregon, children 15 years and older can consent to medical treatment, including vaccination, without parental consent.
While NVIC does not take a position on school-based health clinics or funding for them, when laws and policies are expanded to exert more pressure on minor children to get vaccinated behind parents’ backs, we speak out. Vaccination vans will be appearing at schools and parents need to be prepared to respond if their children are targeted for coercion into receiving vaccines without the knowledge or consent of parents.
On a positive note, Ohio HB 6 requires written parental consent before a minor can be vaccinated with COVID-19 vaccines. This bill was also listed above in the COVID-19 vaccine section.
Vaccine Tracking Bills (6)
NVIC has opposed the forced inclusion of Americans in government operated electronic vaccine and health records tracking systems since the 1990s. Once personal medical information is put into a state database, federal law allows that information to be shared without knowledge or consent for conducting public health surveillance, investigations, research or interventions and public health purposes. See 45 CFR 64.512(b)(2) and see a list of core data elements that can be gathered and put into vaccine tracking registry systems.
Forced inclusion, forced reporting, and opt-out electronic vaccine tracking registries and enforcement systems continue to threaten the medical privacy of citizens and their legal right to refuse vaccines without being subjected to harassment or punishment. Making all vaccine tracking registries opt-in informed consent and prohibiting public funding for vaccine registries that do not adhere to opt-in informed consent for inclusion should be a priority.
Four bills were passed by state legislatures this session that NVIC opposed that expanded vaccine tracking.
Arizona SB 1505 expands access to the personal information collected by the vaccine tracking registry system to include contractors doing external review, as well as certain nonprofit organizations.
Colorado SB 137 requires the statewide perinatal substance use data linkage project to utilize data from the Colorado Immunization Information System (CIIS).
Georgia SB 46 allows individually identifiable vaccination information regarding a person, without the consent of the person or the person's parents or legal guardians, to be provided to and released by the department to a local health department, hospital, physician, or other providers of medical services to the person; or to a school or childcare facility in which the person is enrolled if the person is 18 years of age or younger; or a third party during a declared public health emergency. During a declared public health emergency, physicians can issue standing orders to pharmacists to give vaccines and all vaccines that are given as a result of a declared public health emergency will be recorded in the registry, whether a person wants that or not. It also requires a signed informed consent stating the patient does not have a contraindication to receiving the vaccine. The informed consent form shall list the contraindications to the vaccine. This requirement only applies to live attenuated virus vaccines, not to inactivated or any type of vaccine.
Virginia HB 2061 mandates that all vaccine providers report to the VIIS (Virginia Immunization Information System), which is the state’s vaccine tracking system. Under previous law, reporting to VIIS was voluntary. Inclusion in Virginia’s vaccine tracking registry should be opt-in informed consent only. However, currently it operates as an opt-out system.
Parents shouldn't have to opt-out if they don't want their child’s personal medical information in the state electronic vaccine tracking registry. Data from these registries are shared with other entities and this puts families at risk of having personal information shared when they did not know or want to be tracked. Expansion of mandatory reporting of all vaccines given by vaccine providers will increase these occurrences. This is especially concerning with COVID-19 vaccines, where discrimination and segregation is occurring based on vaccination status. Here is a link to Virginia’s state vaccine tracking opt-out form.
Vaccine tracking tied to state identification was successfully limited in two states.
Indiana HB 1285 prohibits the Division of Motor Vehicles from collecting or indicating vaccine status on state credentials (identification documents).
Iowa HB 889 (already mentioned in the above COVID-19 section), prohibits the state from including vaccination status of COVID-19 vaccines on state issued ID cards, such as driver’s licenses.
Authorizing More Professions to Administer More Vaccines (3)
Three states passed bills that NVIC was watching that expanded the professionals who can administer vaccines. Our concern with these bills passing is that often health care workers, such as pharmacists, have less training for identifying and screening out those, who should not be vaccinated, and for recognizing and ultimately reporting vaccine reactions to the federal Vaccine Adverse Event Reporting System (VAERS).
Indiana HB 1079 allows dentists to administer vaccines to patients. The bill does not restrict the vaccines that are allowed to be given or the age of the patients.
Iowa SF 296 allows pharmacists to administer all vaccines, including COVID-19, to children ages 3 years old and up.
New Hampshire SB 155 allows pharmacy technicians to administer COVID-19 vaccines to adults.
California AB 526 allows dentists and podiatrists to administer flu and COVID-19 vaccines to children. It passed the legislature, but is not officially enrolled and is waiting on the governor to take action to let it go into effect or veto it.
There were other states that passed bills to expand who can give vaccines that we did not track for different reasons, including if there were consent provisions or they did not include young children.
Unnecessary Bills (1)
Sometimes bills are passed that don’t do anything useful and are a waste of time.
Texas SB 239 requires the Department of State Health Services to develop and implement a disease prevention information system for dissemination of immunization information during a declared state of disaster or local state of disaster.
The department should already be disseminating all relevant health information during a disaster as part of their charge to protect the health of the people of Texas. The department’s myopic fixation on vaccine rates over what make people truly healthy has caused trouble during COVID lockdowns and social distancing restrictions. Vaccines don’t need a separate disaster dissemination database. The state health department has a website that can be updated.
Governors in Three States Veto Passed Vaccine Bills (5)
Three governors were responsible for knocking down 5 passed bills with their veto powers.
John Bel Edwards, Governor of Louisiana, vetoed the following bills:
Louisiana HB 498 prohibited state and local government agencies from discriminating against unvaccinated citizens based on Emergency Use Authorization COVID-19 vaccines. Read his veto statement.
Louisiana HB 103 created liability protection for businesses that do not require COVID-19 vaccines. Read his veto statement.
Louisiana HB 349 prohibited including vaccination or immunity status on a driver's license or state ID. Read his veto statement.
Tom Wolf, Governor of Pennsylvania, vetoed Pennsylvania SB 618 which prohibits government entities and state funded colleges from requiring proof of COVID-19 vaccination. Read his veto statement.
Tony Evers, Governor of Wisconsin, vetoed Wisconsin AB 23 which prohibits the Department of Health and local health officials from mandating COVID-19 vaccines. Read his signed veto letter.
Comparing Recent Sessions to 2021
473 bills represent the most proposed vaccine-related bills NVIC has recorded in the history of the NVIC Advocacy Portal, surpassing the previous all-time high of 232 bills introduced in 2020 and 221 in 2019. It is important to note that four states (Montana, Nevada, North Dakota, and Texas) meet biennially to consider new bills and do not hold a legislative session in even numbered years. The biennial sessions that include these states contributes to the sharp rise in bills in odd years. 2020 was the first even year where there was still an increase in vaccine-related bills proposed, even though these four states were not participating in that session.
In 2021, 49 states proposed vaccine related bills falling under NVIC’s mission. This is the highest number of states involved in one session in the history of the NVIC Advocacy program, with the only state not having a bill this year being Nevada. The highest number of states before was 40 plus Washington, DC in 2019 and 39 plus DC in 2020.
There was a similar number of bills that NVIC opposed in 2021 - 130 - compared to the last two years, 137 and 123 respectively.
There were far more bills filed that NVIC supported in 2021 than in any other session. NVIC supported 278 bills this session, which is more than two times the 99 bills we supported in 2020, and more than three times the 77 we supported bills in 2019. We are happy to report that the gap between supported and opposed bills has officially been closed in 2021!
Enlightened legislators are not only listening to concerned constituents in greater numbers, many more are continuing or beginning to resist aggressive lobbying efforts by the vaccine industry, medical trade and other groups, whose positions and profits benefit from laws that force children and adults to use every vaccine sold by pharmaceutical companies and recommended by public health officials.
Only 14 bad vaccine bills passed out of the 130 proposed bills that NVIC opposed in the 2021 legislative session, which is only three more bills than the average of 11 bills over the last seven years.
Individual citizen involvement in the legislative process, through personal communications and education of legislators, continues to make a tremendous impact on the outcomes of vaccine related bills in state legislatures. As the federal government is attempting to insert itself in state vaccine policy decisions for COVID-19, NVIC predicts this will drive even more Americans in every state to get more involved in the legislative process at every level in the years to come to protect their informed consent rights.
WHAT CAN YOU DO?
NVIC expects that the federal government, the vaccine industry and their medical trade association partners will continue to step up efforts to force COVID-19 vaccination and restrict or remove vaccine exemptions in 2022 since all COVID-19 vaccine mandate bills failed in the states and many protective bills were passed in 2021.
We have to hold the line in the states and we need you. Please become a registered user of the free online NVIC Advocacy Portal and check in often to learn about ways to personally educate your legislators when vaccine bills that affect your rights are moving in your state. Please encourage your family and all of your friends to do the same. Also, register for our text alerts by texting the full name of your state to (202) 618-5488.
Clearly your efforts are making a much more significant difference than the mainstream media and those pushing “no exceptions” forced vaccination policies and laws are willing to admit, and your active participation is vital to protecting informed consent rights and vaccine choices in America.
If you see inaccurate information in the media, please take the time to respond by making a constructive comment online. You can also email the journalist or call the media outlet and provide accurate, well referenced Diseases and Vaccines information and accurate state vaccine law information, which you can find on our website NVIC.org. NVIC’s illustrated and fully referenced Guide to Reforming Vaccine Policy and Law is another good vaccine education tool for legislators and friends and family, too.
We have many excellent referenced articles you can use published on current issues, including those on COVID-19 in our free weekly journal newspaper The Vaccine Reaction. The same holds true if you are censored online for providing accurate information about vaccination, infectious diseases and health. Contest it and educate those doing the censoring. The information seeds you plant today can make a difference tomorrow and into the future.
Yes, the challenges are great, but so are the opportunities to educate and empower legislators and residents of every state to defend vaccine freedom of choice. NVIC is committed to continuing to make that happen, and we look forward to working with you through the NVIC Advocacy Portal to help you protect vaccine informed consent rights in your state in the remaining days of 2021, and 2022 and beyond.
By Barbara Loe Fisher
To activate and view hyperlinked references, please click once and then click any superscripted number below to access a hyperlinked reference, or scroll down to the bottom of the article to view all hyperlinked references.
This past year, we have seen many lawmakers in the U.S. and other countries vote to eliminate or severely restrict civil liberties in the name of the public health.1 2 3 One of the most outrageous legislative actions violating parental and human rights took place in Washington, DC in November 2020 when City Council officials gave doctors the power to vaccinate children as young as 11 years old and hide what they did from parents.4 5 6 7 8 The DC Mayor refused to veto the bill 9 10 and, in January 2021, the U.S. Congress sat on its hands11 12 and gave tacit approval to enactment of the most dangerous child vaccination law in America.
In a breathtaking violation of medical ethics and several federal laws, the new vaccine concealment law in Washington, DC allows doctors to extract “informed consent” from young children too immature to know what informed consent13 means or what a vaccine reaction looks and feels like.14 15 16 The DC City Council majority, with only three members dissenting, cruelly disempowered parents by voting to make it illegal for a doctor, insurance company or school administrator to divulge a child’s vaccination history in records that can be seen by the child’s mother or father.17
Parents Won’t Have Information to Protect Child From Vaccine Injury
An 11-year old child does not know or understand his or her personal health history but most parent do. If a child has experienced previous vaccine reactions, has severe allergies or other health conditions that could increase vaccine risks,18 19 parents kept in the dark will not have a way to protect their child from further harm.
Parents who don’t know which vaccines their children have been given will not be able to monitor them for signs of a potentially life-threatening vaccine reaction that requires immediate medical treatment.20 If the child is injured or dies after vaccination, parents will not know they must apply to the federal Vaccine Injury Compensation Program (VICP) before the filing deadline expires.21
Parents will not know their insurance company has been billed for vaccines. Parents will not know that a school the child attends is in possession of their child’s secret vaccination records even when there is a vaccine exemption for religious belief reasons on file with the school.
This blatant violation of a parent’s moral right and legal responsibility to make medical risk decisions on behalf of a minor child was endorsed by the American Academy of Pediatrics22 and pushed through by the DC City Council, while the Mayor and the US Congress looked the other way.
Washington, DC Vaccine Concealment Law Violates Federal Laws
First, DC’s vaccine concealment law violates vaccine safety provisions of the National Childhood Vaccine Injury Act of 1986, a federal law that confirmed vaccine injuries and deaths are real and made preventing vaccine reactions a national priority. Parents of DPT vaccine injured children secured vaccine safety provisions in the 1986 Act, which directs doctors and other medical workers to give parents written vaccine benefit and risk information before a child is vaccinated 23 and also mandates that vaccine providers record which vaccines the child is given in a record the parents can access.
Specifically, the 1986 Act mandates that “health care providers who administer a vaccine” must give a child’s legal representative ”a copy of the information materials” developed by the Centers for Disease Control QUOTE “prior to the administration” of a vaccine.24 25 The 1986 law also requires each person administering a vaccine to QUOTE “ensure that there is recorded in such person’s permanent medical record or in a permanent office log or file to which a legal representative shall have access upon request” certain information: Number 1: the date of administration of the vaccine; Number 2: the vaccine manufacturer and lot number of the vaccine; and Number 3: the name and address and, if appropriate, the title of the health care provider administering the vaccine.”26
These informing and recording vaccine safety provisions were included in the 1986 Act specifically to provide parents with information they need to make well informed vaccine decisions for their minor children; and to help parents recognize and prevent vaccine reactions; and to ensure a vaccine reaction is reported to the government’s Vaccine Adverse Event Reporting System (VAERS).27 28
If a doctor can secretly inject a young child with one or more vaccines and hide the vaccination records, how will parents know what is happening when a vaccine reaction occurs? They won’t have the information they need to take their child to an emergency room or be able to make the connection between the vaccinations and a child’s regression into poor health.
This lack of critical information about their child’s medical history also means parents will likely miss the deadline for filing a claim in the federal Vaccine Injury Compensation Program (VICP), which has awarded more than 4.5 billion dollars to the vaccine injured over the past three decades.29
DC’s vaccine concealment law violates the Family Educational Rights and Privacy Act, known as FERPA, which guarantees parents the legal right to have access to their children’s education records, including health and vaccine records, at the primary and secondary school level.30
Vaccine Concealment Law Violates Informed Consent Rights
DC’s vaccine concealment law also violates the long standing ethical principle of informed consent to medical risk taking,31 which has governed the ethical practice of human research and medical practice since the Nuremberg Code was published in 1947 after the Doctor’s Trial.32 33 Informed consent is exercised on behalf of minor children by parents, who are morally and legally responsible for the well-being and financial support for their children until they are old enough to live independently.34 35 36
Child development specialists have documented how young children and teenagers lack the critical thinking skills and emotional maturity to exercise good judgment when assessing risks.37 38 39 40 Pre-adolescents are more susceptible to pressure from peers and authority figures.41 42 43 44
Doctors and Other Vaccine Administrators Have No Liability for Vaccine Injuries and Deaths
Doctors are the ultimate authority figures in our society today, and many are serving as authoritarian implementers of one-size-fits-all federal vaccine policies and state vaccine mandates.45 46 Like vaccine manufacturers, doctors and other persons who administer vaccines cannot be held liable in civil court when a child dies or is injured.47 Congress passed special legislation in 2020 to make sure that doctors or anyone else who administers a Covid-19 vaccine cannot be sued.48
When the risks of vaccination turn out to be 100 percent for a child, it is the mother and father raising that child on a day-to-day basis who will be left with the life-long consequences - not the doctor who has been given the power to secretly persuade the child to take vaccines, and not the politician who voted to give doctors that power.
The DC Council sponsor of the bill entitled the “Minor Consent for Vaccinations Amendment Act” originally wanted doctors to be able to vaccinate children of any age – no matter how young - without the knowledge or consent of their parents. She argued that minors of any age can get an abortion in Washington, DC and get treated for a sexually transmitted disease or substance abuse without the knowledge or consent of their parents.49
She told Medscape Medical News that parents with “anti-science” beliefs were not vaccinating their children based on a “disproven belief” that vaccines may cause harm, which puts other people at “extreme risk” for disease.50
A dissenting DC City Council member countered with “Medical professionals and schools should not be permitted to coerce impressionable minors into procedures capable of causing injury or death behind their parents’ back.”51
DC Vaccine Concealment Law A Profound Betrayal of Public Trust
The Universal Declaration of Bioethics and Human Rights states that:
“The interests and welfare of the individual should have priority over the sole interest of science or society;” and “For persons who are not capable of exercising autonomy, special measures are to be taken to protect their rights and interests;” and “Any preventive, diagnostic and therapeutic medical intervention is only to be carried out with the prior, free and informed consent of the person concerned, based on adequate information.”52
It is a profound betrayal of public trust for any city, state or federal government to strip parents of their God given right to protect their children from harm by allowing a doctor to give a child a pharmaceutical product without getting a parent’s permission. Science is not perfect, doctors are not infallible, and pharmaceutical products like vaccines come with risks that can be greater for some individuals than others,53 54 55 which is why parents must retain the human right to exercise informed consent to medical risk taking on behalf of their minor children.
Will the vaccine concealment bill that is now law in Washington, DC be exported to your state next?
Take Action Today To Protect Parental Rights
If you want to protect parental and informed consent rights, register for the free online NVIC Advocacy Portal today and stay up to date on vaccine laws being proposed in your state so you can contact your legislators and take positive action.
Never be the one who has to say you did not do today what you could have done to change tomorrow.
It’s your health. Your family. Your choice.
And our mission continues: No forced vaccination. Not in America.
Click the plus sign at the bottom of this page to view and/or post comments on our commentary.
1 Fisher BL. How Fear of a Virus Changed Our World. NVIC Newsletter June 1, 2020.
2 Anderson A. These Endless Public Health Mandates Threaten American’s Liberty. Heritage Foundation Mar. 15, 2021.
3 Weisberg L, Molnar P. With vaccination rates up and COVID-19 cases way down, California is poised to ditch masks and social distancing, but there are still some rules and protections in place as we navigate a new pandemic landscape. LaJolla Light June 14 2021.
4 Council of the District of Columbia. B23-0171-Minor Consent for Vaccination Amendment Act of 2019. (Effective from Mar. 16, 2021).
5 Al-Arshani S. Kids as young as 11 years old would be able to consent to vaccinations under a new bill proposed in Washington, DC. Business Insider Oct. 21, 2020.
6 Richardson D. DC Bill B23-0181 Allowing Children 11 Years Old and Older to Be Vaccinated Without Parental Knowledge or Consent Advances. The Vaccine Reaction Oct. 26, 2020.
7 Smith W. D.C. to Legalize Vaccination of 11-Year Olds Without Parental OK. National Review Nov. 5, 2020.
8 Turner M. DC Council to make final vote on bill that would allow minors to get vaccines without parental consent. WUSA-9 Nov. 12, 2020.
9 Austermuhle M. D.C. Activists Want Bowset to Veto Bill That Would Allow Minors to Consent to Vaccines. NPR Dec. 7, 2020.
10 Ault A. 11-Year-Olds Could Receive Vaccines Without Parental Consent in DC. Medscape Dec. 24, 2020.
11 McNeely M. Bill to Let 11-Year Olds Make Medical Decision: Will Congress Say No? Home School Legal Defense Association (HSLDA) Feb. 24, 2021.
12 Parentalrights.org. Breaking DC Update: Lee Attempts “Common Consent.” Mar. 3, 2021.
13 FindLaw. Understanding Informed Consent and Your Rights as a Patient. June 6, 2018.
14 Blakemore SJ, Robbins TW. Decision-making in the adolescent brain. Nature Neuroscience 2012; 15: 1184-1191.
15 Fisher BL. Do You Know How to Recognize A Vaccine Reaction? NVIC Newsletter Aug. 27, 2018.
16 National Vaccine Information Center. If You Vaccinate, Ask 8 Questions.
17 Austermuhle M. D.C. Activists Want Bowser to Veto Bill That Would Allow Minors to Consent to Vaccines. NPR Dec. 7, 2020.
18 CDC. Contraindications and precautions to commonly used vaccines. May 4, 2021.
19 CDC. COVID-19 Vaccines: Summary Documents for Interim Clinical Considerations. June 1, 2021.
20 Fisher BL. Do You Know How to Recognize A Vaccine Reaction? NVIC Newsletter Aug. 27, 2018.
21 Health Resources Services Administration (HRSA). National Childhood Vaccine Injury Compensation Program. June 2021.
22 Ault A. 11-Year-Olds Could Receive Vaccines Without Parental Consent in DC. Medscape Dec. 24, 2020.
23 English A, Shaw FE, McCauley MM et al. Legal Basis of Consent for Health Care and Vaccination for Adolescents. Pediatrics 2008; 121 (Supplement 1): S85-S87.
24 42 U.S.C. United States Code, 2016 edition. Title 42 – The Public Health and Welfare Chapter 6A – Public Health Service. Subchapter XIX – Vaccines. Part 2 – National Vaccine Injury Compensation Program. Subpart c – ASSURING A SAFER CHILDHOOD VACCINATION PROGRAM IN THE UNITED STATES. Sec. 300aa-26. Vaccine information.
25 CDC. Vaccine Information Statements (VISs): Required Use. July 28, 2020.
26 42 U.S.C. United States Code, 2016 edition. Title 42 – The Public Health and Welfare Chapter 6A – Public Health Service. Subchapter XIX – Vaccines. Part 2 – National Vaccine Injury Compensation Program. Subpart c – ASSURING A SAFER CHILDHOOD VACCINATION PROGRAM IN THE UNITED STATED STATES Sec. 300aa-25. Recording and reporting of information.
27 MedAlerts. Search the U.S. Government’s VAERS Data and Reporting Vaccine Reactions to VAERS.
28 Fisher BL. DIY If Your Doctor Won’t Report Vaccine Reactions to VAERS. NVIC Newsletter June 2, 2021.
29 Health Resources Services Administration (HRSA). National Childhood Vaccine Injury Compensation Program. VICP Data & Statistics June 2021. Who Can File A Petition and Filing Deadlines.
30 Family Education and Privacy Act. Title 34: Education.
31 Nunez K. What You Need to Know About Informed Consent. Healthline Oct. 11, 2019.
32 Encyclopedia.com. Nuremberg Code Establishes the Principle of Informed Consent.
33 Komesaroff PA, Parker M. Ethical Aspects of Consent. Issues Magazine March 2009.
34 Otterstrom K. The Legal Right and Responsibilities of a Parent. Lawyers.com Apr. 9, 2015.
35 Findlaw. How Long Do Parents’ Legal Obligations to Their Children Continue? Nov. 17, 2018.
36 Fisher BL. The Moral Right to Conscientious, Philosophical and Personal Belief Exemption to Vaccination. Oral and referenced presentation to the National Vaccine Advisory Committee May 2, 1997.
37 Kelley AE, Schochet T, Landry CF. Risk taking and novelty seeking in adolescence: introduction to part I. Ann NY Acad Sci 2004; 1021-1032.
38 Steinberg L. Cognitive and affective development in adolescence. Trends Cogn Sci 2005; 9(2): 69-74.
39 Harvard Mental Health Letter. The adolescent brain: Beyond raging hormones. Harvard Health Publishing Mar. 7, 2011.
40 Blakemore SJ, Robbins TW. Decision-making in the adolescent brain. Nature Neuroscience 2012; 15: 1184-1191.
41 Steinberg L. Monahan KC. Age Differences in Resistance to Peer Influence. Dev Psychol 2007; 43(6): 1531-1543.
42 Knoll LJ, Magis-Weinberg L, Speekenrbrink M et al. Social Influence on Risk Perception During Adolescence. Psychological Science May 25, 2015.
43 Koleva G. Authoritarian Doctors, Timid Patients, and a Health Care Gridlock. Forbes May 29, 2012.
44 Heath S. Understanding the Power Hierarchy in Patient-Provider Relationships. Patient EngagementHIT July 23, 2019.
45 Koleva G. Authoritarian Doctors, Timid Patients, and a Health Care Gridlock. Forbes May 29, 2012.
46 Fisher BL. The National Plan to Vaccinate Every American. NVIC Newsletter Mar. 21, 2020.
47 NVIC. National Vaccine Information Center Cites “Betrayal” of Consumers by US Supreme Court Giving Total Liability Shield to Big Pharma. Businesswire Feb. 23, 2011.
48 Fisher BL, Parpia R. 2005 PREP Act and 1986 Act Shield Vaccine Manufacturers from Liability. The Vaccine Reaction Aug. 10, 2020.
49 Ault A. 11-Year-Olds Could Receive Vaccines Without Parental Consent in DC. Medscape Dec. 24, 2020.
52 United Nations Education, Scientific and Cultural Organization (UNESCO). Universal Declaration on Bioethics and Human Rights. Oct 19, 2005.
53 Institute of Medicine Committee to Review Adverse Effects of Vaccines. Evaluation of Biologic Mechanisms of Adverse Effects: Increased Susceptibility. Chapter 3 (p. 82). Washington, D.C. The National Academies Press 2012.
54 National Vaccine Information Center. Vaccination: Know the Risks and Failures. 2019.
55 Fisher BL. Why Is Informed Consent to Vaccination a Human Right? National Vaccine Information Center June 28, 2017.
By Barbara Loe Fisher
To activate and view hyperlinked references, please click once and then click any superscripted number below to access a hyperlinked reference, or scroll down to the bottom of the article to view all hyperlinked references.
As COVID-19 vaccines are being rolled out and given to millions of Americans in every state, it is critical that doctors and other medical workers, who are administering the vaccines, actively report every serious health problem, injury and death that happens after vaccination to the federal Vaccine Adverse Event Reporting System. Known as VAERS, the centralized vaccine reaction reporting system was created under the National Childhood Vaccine Injury Act of 1986. 1 2
If you get a vaccine, including a COVID-19 vaccine, and your health deteriorates within hours, days or weeks of being vaccinated, the person who gave you the shot is required by federal law to file a report with VAERS. 3 If he or she refuses to file a vaccine reaction report, you can do it yourself.
Click to learn how to report a vaccine reaction to VAERS.
Parents of DPT Vaccine Injured Children Got VAERS Into 1986 Act
In 1982, when Kathi Williams and I joined with other parents of DPT vaccine injured children and founded the educational charity known today as the National Vaccine Information Center, 4 we discovered there was no centralized vaccine reaction reporting system in the U.S. and no requirement for doctors to report vaccine reactions. Back then, the government’s Monitoring System for Adverse Events Following Vaccination 5 was split into two parts: doctors vaccinating children in public health clinics were supposed to report serious vaccine reactions, injuries and deaths to the Centers for Disease Control and doctors in private practice and vaccine manufacturers could choose to report to the Food and Drug Administration, 6 7 but there was no requirement to report vaccine reactions.
As parents who had watched our children have serious reactions and regress into chronic poor health after DPT shots, 8 9 we argued that every vaccine provider and every vaccine manufacturer should be required to report vaccine reactions, injuries and deaths to the government. To ensure transparency, we wanted those vaccine reaction reports to be accessible to the public and to independent researchers investigating vaccine safety issues. We also wanted a way for individuals who had experienced a vaccine reaction to be able to file a vaccine reaction report themselves if a vaccine provider refused to do it.
That is why we worked with Congress in the early 1980s to secure vaccine safety informing, recording, reporting and research provisions in the 1986 Act. 10 11 12 We insisted that the government publish written information describing vaccine reactions and disease risks to be given to parents before children are vaccinated; 13 and that doctors and other vaccine providers be required to keep a permanent record of all vaccines given and the manufacturer’s name and lot number; 14 and that serious health problems following vaccination be recorded in the child’s permanent medical record, along with the requirement that vaccine providers and manufacturers be required to report adverse events to a centralized vaccine reaction reporting database monitored by health agencies and open to the public. 15
Ultimately, Congress agreed with parents that federal health agencies should create a new centralized Vaccine Adverse Event Reporting System. VAERS was finally launched in 1990 – four years after the 1986 Act was passed. 16
VAERS A Post-Marketing Vaccine Safety Surveillance Tool
VAERS records the timing of the vaccination and onset of the adverse event; the age and current illnesses or medications taken by the person who reacted; past history of vaccine reactions; the name of the state where the person lives and other important information to help record and evaluate reported vaccine reactions. 17 18
CDC officials say that, “about 85 to 90 percent of the reports [to VAERS] describe mild side effects such as fever, arm soreness, and crying or mild irritability. The remaining reports are classified as serious, which means that the adverse event resulted in permanent disability, hospitalization, life-threatening illness, or death.” 19
Government officials repeatedly emphasize that vaccine-related injuries and deaths reported to VAERS are rarely caused by the vaccine. 20 21 22
The reality is that federal health agencies are unable to follow up every vaccine reaction, so the system remains a broad post-marketing surveillance tool for picking up red flags that signal unusual or frequent vaccine complications, which may not have been identified in pre-licensing clinical trials 23 or - in the case of COVID-19 vaccines - were not identified prior to the FDA granting vaccine manufacturers an Emergency Use Authorization to distribute experimental COVID-19 vaccines. 24
And because VAERS is open for public view and analysis, it is an invaluable database for research and public education. 25 26 27 28
You can search the VAERS database of vaccine reaction reports filed since 1990 by going to NVIC.org and accessing the user-friendly MedAlerts search engine.
No Legal Sanctions for Doctors Failing to Report Vaccine Adverse Events to VAERS
Sadly, even though it has been a federal law for vaccine providers and vaccine manufacturers to report to VAERS for more than three decades, there are no legal consequences for failing to report. A 2011 federally funded study found that less than one percent of vaccine reactions that happen in the US are ever reported to VAERS. 29 That’s because Congress made it a federal requirement in the 1986 Act to report, but did not include legal penalties when vaccine companies or vaccine providers fail to report.
The result is that 99 percent of vaccine reactions, including injuries and deaths, which are taking place every day among the highly vaccinated US population, go unreported.
Reaction Reporting to VAERS Should Be A Priority for New COVID-19 Vaccines
Today, the US is operating under a public health emergency declaration 30 and there is an even greater need to step up efforts to report vaccine reactions to VAERS, especially injuries and deaths, that occur after vaccination. COVID-19 vaccines were fast tracked to market in record breaking time. 31 32 33 34 Most of the participants in clinical trials where healthy people between 17 and 55 years old. 35 36
This means that while COVID-19 vaccines are being given to millions of Americans, VAERS becomes an extremely important mechanism for detecting a pattern of vaccine-related serious health problems that may not have been detected in clinical trials that only included thousands of subjects and did not include certain high risk categories of people – like those over age 85 37 38 or pregnant women 39 40 or people with certain underlying health problems. 41 42
During this time when there is a national COVID-19 vaccination campaign underway, you can help by reminding medical workers giving COVID-19 vaccines to file reaction reports with VAERS. Vaccine administrators are not supposed to be making their own judgments about whether an adverse event following vaccination was or was not caused by the vaccine. They are simply supposed to file a VAERS report as required under the 1986 National Childhood Vaccine Injury Act whenever a person suffers a serious deterioration in health after vaccination, especially if it results in a permanent injury or death.
If A Vaccine Provider Fails to Report a COVID-19 Reaction to VAERS – DIY
Remember, if you or your minor child have gotten a COVID-19 shot and have suffered a reaction 43 44 45 46 47 48 49 50 51 52 53 but the person who gave the vaccine refuses to make a report to VAERS, you can file a report yourself.
It’s your health. Your family. Your choice.
NVIC VAERS Update: On May 21, 2021, the CDC released COVID-19 vaccine-related data through May 14, 2021 reported to VAERS. As of May 14, 2021, there had been 227,805 adverse events reported to VAERS following COVID-19 vaccinations. Of those, 153,710 adverse events were reported after the first dose of COVID-19 vaccine and 64,193 were reported after the second dose. There have been 4,406 reports of COVID-19 vaccine related deaths, which includes 142 death reports from other countries. See MedAlerts.org.
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1 National Vaccine Information Center. 1986 National Childhood Vaccine Injury Act. Also The Original 1986 Law.
2 U.S. Centers for Disease Control and Prevention (CDC). Fact Sheet for Vaccine Adverse Event Reporting System (VAERS): A National Program for Monitoring Vaccine Safety.
3 42 U.S.C. United States Code, 2016 edition. Title 42 – The Public Health and Welfare Chapter 6A – Public Health Service. Subchapter XIX – Vaccines. Part 2 – National Vaccine Injury Compensation Program. Subpart c – ASSURING A SAFER CHILDHOOD VACCINATION PROGRAM IN THE UNITED STATED STATES Sec. 300aa-25. Recording and reporting of information.
4 Institute of Medicine Vaccine Safety Committee. Adverse Effects of Pertussis and Rubella Vaccines. Appendix B: Pertussis and Rubella Vaccines: A Brief Chronology. Pertussis Vaccines 1982, 1985. Pp. 323-324. Washington, DC. The National Academy Press 1991.
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12 National Vaccine Information Center. NVIC Position Statement on the 1986 National Childhood Vaccine Injury Act May 2018.
13 42 U.S.C. United States Code, 2016 edition. Title 42 – The Public Health and Welfare Chapter 6A – Public Health Service. Subchapter XIX – Vaccines. Part 2 – National Vaccine Injury Compensation Program. Subpart c – ASSURING A SAFER CHILDHOOD VACCINATION PROGRAM IN THE UNITED STATES. Sec. 300aa-26. Vaccine information. (Vaccine Information Statements were substantively weakened by amendments to the 1986 Act in H.R. 2022 Preventive Health Amendments of 1993 - Sponsor Rep. Henry Waxman (D-CA). Section 708: Simplification of Vaccine Information Materials.)
16 CDC. Current Trends Vaccine Adverse Event Reporting System – United States. MMWR Oct. 29, 1990; 39(41): 730-733.
17 MedAlerts.org. Search the Government’s VAERS Data.
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