TPublic Health Committee
JOINT FAVORABLE REPORT
Bill No.: HB-5044
Title: AN ACT CONCERNING IMMUNIZATIONS.
Vote Date: 2/24/2020
Vote Action: Joint Favorable Substitute
PH Date: 2/19/2020
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
The Public Health Committee
REASONS FOR BILL:
This bill eliminates the religious exemption for individuals attending public or private school,
Pre-K through grade12, individuals in higher education and children in day care settings.
Substitute language amends the bill to allow for individuals who currently have a religious
exemption obtained before the effective date of the bill to be grandfathered. The bill also
retains the documented medical exemption as allowed in current law.
The bill establishes an 11-member Department of Public Health (DPH) Advisory Committee
on Medically Contraindicated Vaccinations. The committee is charged with advising the
Commissioner of DPH on issues related to the medical exemptions from state or federal
immunization requirements and must meet at least biannually to report its findings starting by
January 1, 2021.
The bill also requires DPH to release annual immunization rates for all public and private K-
12 schools in the state. This data cannot include individually identifiable information.
This bill requires DPH, by October 1, 2020, to develop and post on its website, a medical
exemption certificate form for use by physicians, PAs and APRNs.
A verbal amendment was adopted to include children who have a family history of any
autoimmune disorder. In addition, the amended language requires DPH, in collaboration with
the State Department of Education (SDE) and the Office of Early Childhood (OEC), to
evaluate all data collected regarding exemptions from required immunizations. The
Commissioners of DPH, SDE and OEC are required to jointly report their analysis and
evaluation of this data to the Public Health Committee beginning January 1, 2021 and
annually thereafter.
RESPONSE FROM ADMINISTRATION/AGENCY:
Senator Martin M. Looney, President Pro Tempore, Connecticut General Assembly:
Sen Looney testified that our state should not exempt children from vaccination requirements
solely due to the religious beliefs of their parents. While the senator respects the right of all
adults to practice religion freely, he does not believe this right extends to decisions that
damage the welfare of their children and most definitely should not impact the welfare of
other children. These unwise choices have led to outbreaks of previously well controlled
diseases as immunization rates began to decline as the fear of vaccines began to spread.
States that have eliminated non-medical exemptions have seen great improvement in their
vaccination rate. The Senator also referred to an opinion from the Attorney General that
clearly states the broad authority given to the state to protect the public health. By eliminating
the non-medical exemption, our state is taking a stand to protect all our citizens.
Renee Coleman- Mitchell, Commissioner, Department of Public Health DPH: In her
testimony, the Commissioner explained that the religious exemption currently allowed in our
state took effect in 1959 and, at that time, all that was required was a statement from a parent
or guardian that such vaccinations would be against the religious beliefs of a child.
Legislators 60 years ago did not foresee the rise in vaccine hesitancy that began in the late
1990's and continues to this day. As a state we must focus on the public health of every
child, not one child or one community. The Commissioner provided a brief history of the
consequences before the development of the measles vaccine. Up to 500 Americans would
die of measles every year and this was only 60 years ago. We must not ignore history and
the consequences of not being proactive when dealing with a potentially dangerous situation.
As a department charged with protecting the public health, the DPH cannot ignore the
dramatic increase in the number of religious exemptions in our state fueled by an unfounded
fear of the safety of vaccines. This increase has a direct correlation to the overall declining
rate of immunization for measles. After examining this trend, the Commissioner believes that
as a state we can no longer afford to put our school children at risk of infectious diseases by
allowing non-medical exemptions to vaccinations. The Commissioner supports repealing the
religious exemption to allow mandatory vaccination for school attendance. The
Commissioner also indicated that the bill presents an aggressive timeline for compliance to
all vaccination requirements. She suggested that the language of the bill provide more time to
families to prepare for the new reality and become compliant. She offered to work with the
committee to accomplish this goal.
Senator Robert Duff, Majority Leader, Connecticut General Assembly: Senator Duff is in
support of this legislation. He is very concerned that immunization rates across our state are
falling resulting in over one hundred schools having vaccination rates below those
recommended by the Center for Disease Control and Prevention (CDC). The fall in
vaccination rates has been closely tied to a 25% increase in the use of the non-medical
exemption. Since non-medical exemptions endanger those who cannot be safely vaccinated,
we must act to prevent the possibility of wider outbreaks. Too often, as a legislature we react
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after an emergency occurs. In this case, we must act proactively to repeal the non-medical
exemption before we are faced with a dangerous outbreak. The Senator will work to move
this bill forward.
Representative Craig Fishbein, Ninetieth Assembly District, CGA: Representative
Fishbein is in opposition to this bill. The bill removes the right of the parent to make decisions
regarding the health and safety of their children. By prohibiting the parent or guardian from
making these decisions, parental rights are being violated unjustly and the standard in our
state to protect these rights is being infringed upon.
Representative Gale Mastrofrancesco, Eightieth Assembly District, CGA; Although
personally supporting the use of vaccinations, Rep. Mastrofrancesco is opposed to this bill
because it would strip parents of their religious and parental rights resulting in the threat that
their children would not be allowed to enroll in public or non-public schools.
Beth Bye, Commissioner, Office of Early Childhood, OEC: The OEC is the agency
responsible for the licensing of child care centers, group child care homes, family care homes
and youth camps. The OEC licenses more than 4,000 child care programs. Ms. Bye, on
behalf of the OEC, supports this bill and the repeal of the religious exemption. Since their
immune systems are not fully developed, our youngest children, particularly infants, are most
vulnerable to disease outbreaks. A high vaccination rate protects not only vaccinated
children, but also those who cannot, or have not been vaccinated. Vaccinations are critical to
protecting the health and well-being of our children and preventing infectious diseases from
gaining ground. Ms. Bye also respectfully requested that the bill include a member of the
OEC to be appointed to the Advisory Committee on Medically Contraindicated Vaccinations.
.
NATURE AND SOURCES OF SUPPORT:
Central Pediatrics & Adolescent Medicine LLC: The members of this group of doctors are
unequivocally in support of religious freedom. However, they have observed over the years
many parents misusing the religious exemption as a reason not to vaccinate their children.
The doctors in this group care for a diverse group of families of many different faith
backgrounds, including Catholic, other Christian religions such as Jehovah's Witnesses,
Muslims and those who practice the Jewish faith. Many of these families are devout in their
religious practices and all of them vaccinate their children. Most religious doctrines support
the vaccination of children. It is important to note that most parents who choose not to
vaccinate their children are protected in communities where the majority vaccinate their
children. Once a critical number of community members are not vaccinated, then the
concept of "herd immunity" breaks down which leads to potentially life-threatening illnesses.
With the apparent increase of religious exemptions to vaccinations, we fear this potential
danger will become more prevalent. For these reasons, our group of doctors supports
repealing the religious exemption.
Charles Brown, District Director of Health, Central Connecticut Health District, CCHD:
The CCHD organization serves nearly 100,000 people in the four member towns of Berlin,
Newington, Rocky Hill and Wethersfield. The CCHD believes that vaccines and immunization
are the backbone of public health and contribute to reducing disease and death associated
with infectious diseases. In public health, our responsibility is to take care of all people.
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Vaccines provide immunity if used universally, properly and uniformly. Those who oppose
the repeal of the religious exemption claim constitutionality, personal and parental rights are
being infringed. However, as noted in an opinion by our Attorney General, the legal basis for
vaccination has been well reviewed and argued. With the recent re-emergence of measles,
our schools have taken a closer look at the rates of vaccination and religious exemptions.
The increase is alarming and potentially dangerous. For this reason, the CCDH supports the
bill to remove the religious exemption.
Roberta R. Friedman, Chair , Advocacy Committee, Connecticut Public Health
Association, (CPHA): The mission of CPHA is to provide the public and policymakers with
information on health promotion and disease prevention through communication, advocacy,
education, research and professional workforce development. Vaccinations are essential to
protect the health of our population, especially our most medically vulnerable children. The
rapid rate of the religious exemption is most concerning. For this reason, it is necessary to
limit the state's exemptions to the school vaccine mandate. CPHA supports this bill.
Hartford HealthCare: Supports this legislation because it is vitally important to protect all
children from potential disease outbreaks especially medically fragile children who cannot be
safely vaccinated. The Connecticut Department of Public Health (DPH) reported that 134
Connecticut schools had vaccination rates for measles, mumps and rubella well below the
CDC recommended rate of 95% and of these, 41 schools had rates below 90%. The DPH
attributed this decline in vaccination rates to the sharp rise in the number of religious
exemptions. Our position on this issue is to protect the health and safety of all our children
and reduce the risk of outbreaks. Therefore, we support the removal of the religious
exemption.
Day Kimball Healthcare, A community partner of Yale New Haven Health: Day Kimball
Healthcare supports this bill. The science behind the development of vaccines and the
practice of immunization have been proven to save and improve the lives of countless people
around the world. Hospitals are committed to providing care that is based upon the best
clinical practices thus, resulting in the best outcomes. Removing the religious exemption will
contribute to that goal.
American Academy of Pediatrics, Hezekiah Beardsley Connecticut Chapter:
Encourages all efforts to improve and strengthen immunization rates in Connecticut to protect
all children including our most vulnerable citizens. Therefore, the organization supports
removing the non-medial exemption.
Ashley Balestrierie, MSN,RN,RNC,-NIC; Testified in support of the bill citing that, while she
agrees with protecting parental rights, current legislation has made it far too easy for anybody
to claim that they are opposed to vaccines for religious reasons. Rather than being reserved
for those very, very, few individuals with a true religious opposition to vaccines, it is being
used "to circumvent the system".
Becky Cacciato, RN, BSN: Testified that as a pediatric nurse since 1985 working in
hospitals, community- based nursing, family practice and currently as a nurse consultant for 6
preschools and childcare centers, she has found that most parents were following the
established guidelines for immunizing their children. However, in recent years, with the
MMR/autism misinformation, clear information is not being presented by pediatricians to
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understand how vaccines work. We need a national voice to fully understand how many
childhood illnesses have been irradiated since the creation of vaccines. Unfortunately,
religious exemptions have provided a legal path that, not only impacts the families not
vaccinating, but children and adults who need the protection afforded through "herd
Immunity". Please vote to remove the religious exemption.
Pamela Albertson, RN: As a registered nurse who has spent 15 years in the public schools,
Ms. Alberton has seen firsthand the ease with which disease can spread. To advance the
growing movement of ignorance and selfishness expressed by those against vaccination, is
to give voice to this folly and endanger the bedrock of public health. Eliminate the religious
exemption.
Patrick McCann, Chair, Secular Coalition for CT: He is one of the 26% of Americans who
identify as atheists and the 42% who are non-religious. Allowing a religious exemption to
public health law is the same as allowing a religious exemption to our traffic laws. He urges
passage of HB 5044.
Jeanne Marconi, MD, Pediatrician and Child Advocate, The Center for Advanced
Pediatrics: Testified that there is no validated medical evidence to support a religious
exemption and that it is unethical to purposefully expose CT residents to such an exemption
regarding vaccinations. An outbreak of disease, such as the one we are witnessing with the
Coronavirus, can and will occur with unvaccinated populations. We must protect all residents
of Connecticut. Please remove the religious exemption.
Peter Barwick: Peter testified that if this group of parents cannot be made to understand the
risk they pose to the greater population and will not yield, then, he would ask these parents to
accept their social responsibility to home school their children.
Megan Massey, resident of Bristol and a DCF Social Worker: Testified that as the mother
of two boys who have received most but not all vaccinations, she falls in the middle of this
debate. She believes that not all the CDC recommended vaccines are necessary. Parents
should be able to have a conversation with their pediatrician to review which vaccines are
appropriate for their children. Why should children be forced to receive vaccinations based
upon a "one size fits all" model from the CDC that is not created with the best interests of all
children in mind. Ms. Massey believes in vaccination, but also in the right of a parent not to
administer ALL vaccines. The government should allow parents, in consultation with their
doctors, to choose what is best for their children while, at the same time, understanding that
all children need to be protected.
The Public Health Committee received via email over 1000 pieces of testimony
expressing similar views in support of HB 5044 removing the religious exemption
regarding vaccinations. They cited reasons similar to those listed in the testimonies
above. All copies of this testimony is available on line.
The following organizations submitted testimony in support of removing the religious
exemption to mandatory vaccination:
AFT Connecticut, AFL-CIO
Connecticut Infectious Disease Society (CIDS)
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Connecticut Pharmacists Association (CPA)
American College of Physicians (ACP)
Ear Nose and Throat (ENT) Society
CT Dermatology and Dermatologic Surgery Society
CT Society of Eye Physicians
CT Urology Society
Connecticut Camping Association
Connecticut Boards of Education (CABE)
National Association of Hispanic Nurses
Yale New Haven Health
March of Dimes
Saint Mary's Hospital
Connecticut Bioscience Growth Council
Humanists and Freethinkers of Fairfield County
Stamford Health
Joan Cagginello, Milford Board of Health
Amy Dowell, CT Director of Education Reform Now CT (ERN)
Raymond Sullivan, M.D., Director of Health, Town of Brookfield, CT
Deepa D. Joseph, MPH, Director of Health, City of Milford
American Atheists, Representing 600 constituents in Connecticut
CT Chapter, American Academy of Pediatrics, Jody Terranova, Immunization Rep.
NATURE AND SOURCES OF OPPOSITION:
Rabbi Michoel Green: As an orthodox rabbi, lecturer and published author in New England,
he testified to represent Judaism. According to Rabbi Green, Judaism strictly forbids current
vaccine policy, specifically, the use of aborted fetal DNA. Experts who claim that Judaism
supports vaccination are unlearned and unfamiliar with the actual sources. Regarding "herd
Immunity", this is not a Biblical value and has no basis in Judaic law. There is mutual
responsibility for community but not at the risk of one's child.
Rabbi Meir, Jerusalem: The Rabbi testified that according to Jewish law, one is not allowed
to sacrifice someone else's life to save many. The "greater good" does not allow Jewish
people to sacrifice any lives for the health of even one other individual. Additionally,
according to Jewish law, one is not allowed to risk his own life or health to prevent a disease
from which he is not currently suffering. Rabbi Meir believes mandatory vaccination is a
severe infringement on freedom of religion.
Society of the Apostles of Jesus and Mary dba/ Church of the Miraculous Medal, A
Traditional Roman Catholic: As practicing Catholics we must recognize the inherent value
of human life in all stages and conditions. W