A number of constituents have recently sent me a form style e-mail expressing their concerns related to the H1N1 Virus and their associated displeasure of a potential governmentally “mandated” vaccination.  In response to those concerns, a bright attorney in the Office of Legislative Research and General Counsel (OLRGC), Catherine Dupont, has drafted a document to help answer some of the questions expressed in those e-mails.  Please, realize the content of this document does not necessarily reflect my positions on this matter.  I will continue to take input, from constituents in District 57, regarding this matter as the discussion develops.  Thanks to Ms. Dupont and the OLRGC. 

Here is the letter:

I received your letter in which you raised concerns that Utah might take steps to force

vaccinations and the quarantine of individuals who refuse vaccinations, in particular a

vaccine for the H1N1 flu. You also urged me to support legislation that would recognize

an individual’s right to refuse medical treatment and undergo voluntary isolation with

support from the state if needed for that voluntary isolation. I want to respond to your

concerns.

 

• While Utah does require some vaccinations for schools, there is the ability under

Utah law to refuse school immunizations for religious and personal beliefs.

 

• There are no plans in Utah to require vaccinations for the H1N1 flu.

 

• If there is ever a public health threat or pandemic disease, Utah law first requires

the state to try and obtain consent from the individual with a choice of either

treatment or self isolation. The state may be able to provide some housing and

food support in certain circumstances.

 

• If an individual poses a public health threat and refuses both medical treatment

or isolation, the state has to go to court and prove by clear and convincing

evidence (which is a higher standard of evidence than most cases) that the

individual poses a public threat and that no other reasonable alternative exists

taking into account a person’s religious and personal beliefs. The recognition of

religious and personal beliefs was an important part of our state’s legislation and

was negotiated by the Church of Christ Scientist who do not believe in medical

treatment.

 

I am going to provide more detail regarding the state’s laws in the rest of this letter.

 

No forced vaccination for pandemic H1N1 or seasonal flu

 

When an approved vaccination for pandemic H1N1 flu is successfully developed, it will

be made available on a voluntary basis for those who choose to receive it. This has

always been the case for the seasonal flu.

 

Public health officials are tracking this novel virus. Most people, particularly younger

people, have no immune protection against it. This virus has caused illness similar to

seasonal influenza in most people, but has made some people very ill and caused

deaths. Seasonal influenza is a serious condition also, causing an estimated 36,000

deaths each year in the U.S., or about 200-400 in Utah. Seasonal flu is most serious

for the very young and older people.

 

This new virus is different; most who have become seriously ill and died have been

children and young or middle age adults. In the past, viruses like this have sometimes

continued to change to cause even more serious illness. In 1918, 1957, and 1968

viruses with these characteristics caused pandemics that took the lives of thousands to

millions of people. We hope that this virus will not change in that way, but are

preparing in case it does.

 

For those reasons, work is underway to produce a vaccine that can be used to protect

people against this new virus. It is likely that an approved vaccine will be made

available in the late fall or winter. Before the vaccine is made available it will have been

tested as are all vaccines before they are approved for use. Efforts are also underway

to put in place methods to monitor closely those that choose to receive the vaccine to

detect any adverse effects that might be missed during the approval process.

 

When an approved vaccine is produced in large enough quantities to permit public

distribution, it will be available to as many people as supplies permit and who wish to

receive it. Information explaining the benefits and risks of the vaccine will be released

widely to allow people to make an informed decision. It is possible or even likely that

the vaccine will be recommended for children since they have been heavily affected by

the virus. However, there will be no forced vaccination of any group for pandemic

H1N1 or seasonal flu.

 

Vaccinations for School Admission

 

Utah Admin. Code R396-100-3 specifies which immunizations are required for

admission to school, unless an exemption is claimed.

 

(1) A student born before July 1, 1993 must meet the minimum immunization

requirements of the ACIP prior to school entry for the following antigens:

Diphtheria, Tetanus, Pertussis, Polio, Measles, Mumps, and Rubella.

 

(2) A student born after July 1, 1993 must meet the minimum immunization

requirements of the ACIP prior to school entry for the following antigens:

Diphtheria, Tetanus, Pertussis, Polio, Measles, Mumps, Rubella, and Hepatitis B.

 

(3) A student born after July 1, 1993, must also meet the minimum immunization

requirements of the ACIP prior to entry into the seventh grade for the following

antigens: Tetanus, Diphtheria, Pertussis and Varicella.

 

(4) A student born after July 1, 1996 must meet the minimum immunization

requirements of the ACIP prior to school entry for the following antigens:

Diphtheria, Tetanus, Pertussis, Polio, Measles, Mumps, Rubella, Hepatitis B,

Hepatitis A, and Varicella.

 

(5) To attend a Utah early childhood program, a student must meet the minimum

immunization requirements of the ACIP for the following antigens: Diphtheria,

Tetanus, Pertussis, Polio, Measles, Mumps, Rubella, Haemophilus Influenza Type

b, Hepatitis A, Hepatitis B, Pneumococcal, and Varicella vaccines prior to school

entry.

 

Utah Code Ann. 53A-11-302 sets forth the process for claiming a personal or religious

exemption.

 

Quarantine and Treatment Authority

 

Used in recent times to respond to persons with active Tuberculosis that refuse to be 

treated, Utah Code Ann. 26-6b sets forth the legal requirements to be followed if public

health deems this necessary. Court hearings are required unless the person consents

to the restriction and/or treatment. Public health must prove by clear and convincing

evidence that the person poses a serious threat, that no other reasonable alternative

exists, and after taking into account the person’s personal or religious beliefs, the

proposed action is in the public interest.

 

For Tuberculosis a person who is infectious and untreated may remain in that condition

for a lifetime. In those rare cases where the person refuses treatment, even though

offered at public expense and housing is provided if needed, the only time compulsory

action is taken is after repeated failures to comply with home quarantine.

 

For the flu, a person is communicable for a relatively short time. No mandatory

treatment order requiring that a person be vaccinated for the flu would be reasonable,

since staying home and avoiding other persons during any period of communicability is

an appropriate response.

 

I hope this information is helpful. I believe Utah has tried to accommodate the concerns

of people who do not want to receive vaccinations or immunizations. Please let me

know if you still have concerns regarding Utah’s laws.