Constitionality of mandating flu shots

05-Jul-2017 21:15

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Aamer Imdad, et al., Religious Exemptions for Immunization and Risk of Pertussis in New York State, 2000–2011, PEDIATRICS (2013). These outbreaks, while still limited, are a wake-up call, warning us that immunization rates are not high enough.

The responsible thing for California to do in response to this warning call is to legislate to increase immunization rates. Since the legislature has dramatic leeway it could choose among three options: Allowing the minority that opposes vaccines to continue to deny their children protection from disease, increasing the risk of outbreaks in the community.

I don’t know – this could be why people get annoyed with me.” .

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Thus, the California Senate, led by Senator and Dr.

Richard Pan, voted for SB 277, which sailed through the California Senate and Assembly, subsequently becoming law.

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SB277 chooses the middle ground: preserve parental choice, allow parents to continue not to vaccinate but limit their ability to impose the risk they choose for their own children on that child’s classmates, daycare mates, and the rest of the community. It does not violate parents’ rights to informed consent, a private law right that governs the relationship between the parent and their child’s doctor: absent a court order, the doctor may not vaccinate a child without parental consent.

Our system values individual freedoms and parental rights; but neither is absolute.

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