California Senate Bill 277
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California Senate Bill 277 (SB277) is a
California law The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the Calif ...
that removed personal belief as a reason for an exemption from the vaccination requirements for entry to private or public
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or secondary schools in California, as well as
day care Child care, otherwise known as day care, is the care and supervision of a child or multiple children at a time, whose ages range from two weeks of age to 18 years. Although most parents spend a significant amount of time caring for their child(r ...
centers. The final version of the bill was enacted by the
California Legislature The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislatu ...
in 2015 (passing the State Assembly on a 46–31 voteSB-277 Public health: vaccinations (2015-2016)
California Legislature.
and the California State Senate on a 24–14 vote) and was signed into law by Governor
Jerry Brown Edmund Gerald Brown Jr. (born April 7, 1938) is an American lawyer, author, and politician who served as the 34th and 39th governor of California from 1975 to 1983 and 2011 to 2019. A member of the Democratic Party, he was elected Secretary of ...
on June 30, 2015.


Passage of bill

The bill, co-authored by California state Senators Richard Pan and Ben Allen, was prompted by the 2014 Disneyland measles outbreak and low levels of vaccination in pockets of California, with some schools having vaccination rates below 60%. SB277 was supported by the
California Medical Association The California Medical Association (CMA) is a professional organization based in California that advocates on behalf of nearly 50,000 physicians in legislative, legal, regulatory, economic, and social issues. The organization was founded in 1856 ...
, as well as by the American Academy of Pediatrics' California affiliate; the California State PTA; the California Immunization Coalition; and the California Children's Hospital Association. Opposition to the bill, albeit from "a tiny minority", has been characterized as "possibly the most strident outpouring of political dissent in recent memory". Anti-vaccine activists started a petition to have Pan removed by
recall election A recall election (also called a recall referendum, recall petition or representative recall) is a procedure by which, in certain polities, voters can remove an elected official from office through a referendum before that official's term of of ...
, but failed to obtain the necessary number of voter signatures.Jeremy B. White
Richard Pan recall effort falls short on vaccine issue
''Sacramento Bee'' (January 4, 2016).
Efforts by the Freedom Angels Foundation to place a referendum on the ballot to repeal SB 277 also failed. Opponents of the legislation vilified Pan on social media, comparing to a Nazi; death threats were reported against both him and Ben Allen.


Upheld by courts

During and after the passage of SB 277, legal scholars such as
Dorit Rubinstein Reiss Dorit Rubinstein Reiss is a Professor of Law and the James Edgar Hervey '50 Chair of Litigation at UC Hastings College of Law. She has also worked for the Hebrew University of Jerusalem and the Israeli Ministry of Justice's Department of Publi ...
of the
University of California, Hastings College of the Law The University of California, Hastings College of the Law (UC Hastings) is a public law school in San Francisco, California. Founded in 1878 by Serranus Clinton Hastings, UC Hastings was the first law school of the University of California as ...
and Erwin Chemerinsky and Michele Goodwin of the University of California, Irvine School of Law said that removal of non-medical exceptions to compulsory vaccination laws were constitutional, noting such U.S Supreme Court cases as '' Zucht v. King'' (1922) and '' Prince v. Massachusetts'' (1944). After the passage of SB 277, groups of anti-vaccine parents challenged the law in court, arguing that it violated the right to an education, the right to religious freedom, and parental rights; these claims were rejected by the California state courts.Dorit Reiss
California Court of Appeal Rejects Challenge to Vaccine Law
''Bill of Health'', Harvard Law School, July 30, 2018.


Impact and limitations

Following the law's enactment, vaccination rates among California schoolchildren increased, although unjustified medical exemptions also increased. The 20% increase in medical exemptions was fueled by
anti-vaccination Vaccine hesitancy is a delay in acceptance, or refusal, of vaccines despite the availability of vaccine services and supporting evidence. The term covers refusals to vaccinate, delaying vaccines, accepting vaccines but remaining uncertain abou ...
parents who sought and received such exemptions. A 2019 study published in the journal '' Pediatrics'', analyzing the effect of the law, determined that "the percentage of incoming kindergarteners up-to-date on vaccinations in California increased after the implementation of SB277," but there was a replacement effect: medical exemptions for independent study/homeschooled students largely offset "the decrease in the personal belief exemption rate from 2.37% to 0.56%."Paul L. Delamater, S. Cassandra Pingali, Alison M. Buttenheim, Daniel A. Salmon, Nicola P. Klein & Saad B. Omer
Elimination of Nonmedical Immunization Exemptions in California and School-Entry Vaccine Status
''Pediatrics''. Vol. 143, Issue 6, June 2019.
The study's correlational analysis also found "that previous geographic patterns of vaccine refusal persisted after the law's implementation." In a separate 2019 study published in ''Pediatrics'', Californian public health officials interviewed after SB 277's enactment said that, following the bill's passage, they faced an increasing amount of unusual reasons cited as justifications for medical exemptions, as well as the unethical practices by some physicians who charged parents a high fee in exchange for obtaining an unjustified medical exemption. SB 277 did not allow public health officials to oppose unjustified medical exemptions provided by physicians, and public health officials supported a change in the law to allow them to address abuses of the medical exemption process and thus decrease the possibility of infectious disease outbreaks. A separate study, published in 2019 in '' PLOS Medicine'' used a
synthetic control method The synthetic control method is a statistical method used to evaluate the effect of an intervention in comparative case studies. It involves the construction of a weighted combination of groups used as controls, to which the treatment group is comp ...
to "implementation of the California policy that eliminated nonmedical childhood vaccine exemptions was associated with an estimated increase in vaccination coverage and a reduction in nonmedical exemptions at state and county levels," suggesting that the removal of non-medical vaccination exemptions "can be effective at increasing vaccination coverage."Sindiso Nyathi, Hannah C. Karpel, Kristin L. Sainani, Yvonne Maldonado, Peter J. Hotez, Eran Bendavid, & Nathan C. Lo
The 2016 California policy to eliminate nonmedical vaccine exemptions and changes in vaccine coverage: An empirical policy analysis
'' PLOS Medicine'' (December 23, 2019), doi:10.1371/journal.pmed.1002994.
The study determined that the "observed increase in medical exemptions was offset by the larger reduction in nonmedical exemptions." The study found that the biggest gains in vaccine coverage were in the counties with the lowest vaccine coverage pre-SB 277.


See also

*
Measles resurgence in the United States Measles was declared eliminated from the United States in 2000 by the World Health Organization due to the success of vaccination efforts. However, it continues to be reintroduced by international travelers, and in recent years, anti-vaccinatio ...


References

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External links


Senate Bill 277
at legislature.ca.gov California law Vaccine controversies Vaccination law Vaccination in the United States