“Minor Consent” to “preventative services and treatment”:
Violates Federal Law
- As currently written the bill would violate federal law, specifically because it directly contradicts the National Childhood Vaccine Injury Act of 1986 (https://www.congress.gov/bill/99th-congress/house-bill/5546). Specifically, this federal law states that “each health care provider who administers a vaccine set forth in the Vaccine Injury Table shall provide to the legal representatives (a parent or an individual who qualifies as a legal guardian under State law) of any child or to any other individual to whom such provider intends to administer such vaccine a copy of the information materials developed pursuant to subsection (a)”. The DC District Court has made it clear that interpreted federal law requires parents or legal guardians must be given the vaccine information statements prior to the child being given the vaccine, and not the child. For more, read the letter from Siri | Glimstad.
Preys Upon Adolescents
- We have just borne witness to the fact that food and beverages, lottery tickets, peer pressure and much more have been used as incentives to push the COVID-19 vaccine. For an adolescent this preys on their immature cognition and prevents them from making unbiased, informed decisions. While some 12+ year old minors may be able to make rational, informed decisions, minors of the same age have varying levels of maturity. Furthermore, the significant changes in adolescent brains mean 12+ year old minors are, more than at any other age, disproportionately swayed by peer pressure, lack of self-regulation and rewards (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5422908/).
Increases Risk of Iatrogenic Injury
- Minors may not know their full medical history and the potential risks of vaccination, and will not have knowledge what to look for if they do have an adverse reaction. If their parents are not aware of their 12+ year old minor’s vaccination, treatment of a serious adverse reaction may be delayed because the parents could not convey the child’s medical history accurately. Vaccine providers who support this initiative are attempting to take on the adult role in the vaccine decision making process for a minor. Currently, per the federal Public Readiness and Emergency Preparedness Act and the National Childhood Vaccine Injury Act, vaccine providers have no liability if the child dies or suffers serious injuries directly caused by the administration of a vaccine. This would leave parents, who did not consent to the vaccination, fully responsible for the treatment of their child’s injuries.
Subverts Parental Rights
- Minor consent subverts the right and duty of parents to make informed decisions about whether or not their children should receive medical treatment, without any finding that the parent is unfit. This creates a structure of distrust between the parent and the child and the health care providers and the facilities which are advocating for minor consent.
Exposes Children to Sex and Possible Coercion
- The age of sexual consent is 16 years in Vermont. This bill asks for access to 12 year olds.
- If 12+ year old minors have the right to consent to vaccines without their parent’s input, then 12+ year old minors should also have the protected right to refuse vaccines and drugs without their parent’s input.
The Minor Consent Bill Being Lobbied by the AAP Leaves Out Several Important elements that should be added:
- The bill does not require that efforts be made to contact parents prior to vaccination and get written consent. Add.
- The bill does not require the vaccine provider obtain a complete medical history from the minor’s primary care provider. Add.
- The bill does not require the non-parental consenting minor to fully read the appropriate CDC Vaccine Information Statement or to be offered the manufacturer’s vaccine package insert, prior to being vaccinated. Add.
- The bill does not require that all non-parental consenting minors be vaccinated in a physician’s office – and not at a school clinic, mass vaccination site, pharmacy, reproductive care clinic or other location. Add.
- The bill does must ensure the minors cannot be bribed, bullied or coerced to get a vaccination. Add.
- The bill does not require the non-parental consenting minor’s parent(s) be notified immediately after the vaccination is administered. Add.
- The bill allows minors to consent; they should also have a protected right to refuse vaccination without parental input. Add.
- The vaccine provider should agree to report, document, evaluate, refer and provide for treatment of any adverse reaction following the vaccination for up to 3 years afterward. Add.
- The vaccine provider should be required to get informed, written consent from the child and provide the VIS, the lot number, and the on-call phone number of the administering provider in case of emergency. Add.
Vermont’s Families Deserve Better!
The ‘crossover’ deadline is fast approaching. This is generally the midway-cutoff date for bills to be considered viable and to have been given enough time for adequate public input & debate, before the 23/24 session ends in May.