HB 1347: Womb to Tomb tracking - April 1, 2007
The Senate Health Committee will hear HB 1347, the bill to expand the current children's immunization tracking system to include all ages, on Wednesday. April 4th after adjournment. This could be as early as 9:30 am. It is 4th on the agenda.
Action Needed:
Call or e-mail members of the Senate Health Committee and tell them VOTE NO ON HB 1347, because the tracking system is not voluntary, the opt-out does not remove all information, people who choose to exempt are put on a list and it violates medical privacy and parental rights. An opt-in system that requires prior written consent is the only way to make this system voluntary. Other states require prior written consent, Colorado should too. People who chose not to vaccinate according to the on-size-fits-all federal recommendations because of medical, religious or personal reasons should not be forced into this system.
Hagedorn (D) - 303-866-48797 | SenBob@msn.com
Boyd (D) - 303-866-4857 | betty.boyd.senate@state.co.us
Mitchell (R) - 303-866-4876 | shawn.Mitchell.senate@state.co.us
Morse (D) - 303-866-6364 | john.morse.senate@state.co.us
Renfroe (R) - 303-866-4451 | scott.renfroe.senate@state.co.us
Sandoval (D) - 303-866-4862 | paula.Sandoval.senate@state.co.us
Schultheis (R) - 303-866-4835 | dave.schultheis.senate@state.co.us
Shaffer (D) - 303-866-5291 | Brandon@brandonshaffer.com
Ward (R) - 303-866-4846 | steve.ward.senate.@state.co.us
Talking Points:
House sponsor Rep. Andy Kerr told house members that the tracking system is "voluntary" and that information can be removed at any time. The bill summary, page 2 [PDF] also says "to include all persons in Colorado who voluntarily participate in the system", however the word "voluntary" is not in the text of the bill or in existing law.
Voluntary means, done, given, or made with one's own free will. This system is NOT VOLUNTARY.
- Current law and HB 1347, that will expand the law to include all ages, allows the tracking system to gather information without consent from:
The birth certificate (page 8)
Practitioners, clinics, schools, parents, individuals, managed care or health insurance plans, hospitals, the dept. of health care policy and financing and persons and entities that have contracted with the state. (Page 14)
- The so-called opt-out does not remove all information, only immunization information.
- People who take exemptions for medical, religious or personal reasons to the federal one-size-all vaccination schedule that includes flu (still contains mercury) and HPV (very controversial and sexually transmitted) will be reported to the system as a noncomplier. This is current law, however this law is not addressed in HB 1347 so representatives may not be aware.
- HIPAA, the federal medical privacy rule, provides no protection.
- Page 21 of the bill says families on public assistance do not have a personal exemption, only medical or religious.
- This bill expands a system that currently does not have enough funding, however there is no fiscal note.
More Info:
The following contains has more references and links to further information.
URGENT - HB-1347- Immunization Tracking System
HB - 1347 expands the current immunization tracking system to include all ages, allows immunization and epidemiological information to be gathered without consent, has no true opt-out and puts people who exempt out of the federal one-size-fits-all immunization schedule that includes flu and HPV on a list of "noncompliers".
Five things to know before you vote to expand tracking that violates medical privacy and parental rights.
- Immunization and epidemiological information is gathered and put into the database without consent.
- There is NO true opt-out because only shot information can be removed. The only way to protect medical privacy and parental rights is to have an "opt-in" system that requires consent before information is put into the database.
- State law allows for reporting of "noncompliers" and schools are required to report exemptors to the tracking system.
- Adequate privacy protections are not in place.
- Colorado is already meeting federal goals for immunization rates.
Information compiled by Kristin Hoffman, concerned citizen and volunteer for NVIC, National Vaccine Information Center. Contact information: 303-904-4076, DrKristin@Meridiandocs.com
- HB-1347 allows information to be gathered without consent on all ages, not just children, from; practitioners, clinics, schools, parents, individuals, managed care or health insurance plans, hospitals, the dept. of health care policy and financing and persons and entities that have contracted with the state. (HB-1347 page 14)
- According to information on the CIIS (Colorado Immunization Information System) web site and the bill, only shots can be excluded, other information stays in the system.
You can choose at any time to have your child's shots excluded from the Colorado Immunization Information System.
May exclude immunization information from the tracking system (HB - 1347 page 17)
- Section 15-4 of the Colorado Immunization Manual, II. Exemptions from immunization, rule F states: If the school chooses to use the immunization tracking system to monitor compliance with the school law and the parent(s), or student submits an exemption, the school must submit the exemption information to the immunization tracking system.
Rules and regulations-immunization rules: rule-making authority of state board of health. Such rules and regulations shall establish which immunizations shall be required and the manner and frequency of their administration and shall conform to recognized standard medical practices. Such rules and regulations may also require the reporting of statistical information and names of noncompliers by the schools. CRS25-4-904 (9)
- HIPAA allows protected health information to be used or disclosed without written authorization or the opportunity to object for many reasons including public health surveillance, investigations and interventions and to an official of a foreign government. http://www.hhs.gov/ocr/combinedregtext.pdf (pages 24 through 29) The immunization tracking system is "interoperable with electronic health records".
- Page 11 of the bill states that more than 20% of preschool aged children in Colorado are not fully vaccinated. Colorado is well over 80% for each of the six vaccines included in the most recent National Immunization Survey 4:3:1:3:3:1 category (2005) available on-line at:
4 DTP - 87.7%
3 Polio - 94.2%
1 MMR (measles, mumps and rubella) - 93.2%
3 Hib (Haemophilus influenza type b) - 96.2%
3 Hepatitis B - 95.4%
1 chickenpox - 87.2%
The year Colorado was supposedly last in vaccination of toddlers based on 4:3:1:3:3: category, 2002:
3 DTP - 91.1
4 DTP - 66.2 (4th DTP requirement was suspended because of shortages)
3 Polio - 90.1
1 MMR - 90.7
3 Hib - 92.1
3 HepB - 92.4
1 chickenpox - 79.8
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