February 7, 2016
How Would Passage of an Act to Protect the Privacy of Healthcare Decisions Affect California Vaccination Polices?
Because the Act would prohibit the State from denying benefits to those who don’t receive vaccines, the provisions of SB277 to the contrary would be overturned. Schools could not prevent an un-vaccinated child from attending. Parents seeking to have their child not be vaccinated could still be required to listen to a physician explain the risks of not being vaccinated and the benefits of vaccination, as well as the known risks of vaccination. Subjecting a person to being informed of an opinion is not subjecting him to treatment.
The state could still prohibit a child with a disease from attending till he or she is no longer infectious, but it could not prevent people from deliberately contacting the infected person in hopes of developing natural immunity to the disease from exposure to it.