MCC-FHC Immunizations in Missouri: Chronology of the Decline of Individual Liberties

Immunizations in Missouri:
Chronology of the Decline of Individual Liberties

Prior to 1992: Missouri is one of the twenty states of the Union with a personal exemption to immunization. This means that a parent can exempt a child simply on the basis that they do not wish for the immunization to be performed. The principle of informed consent is upheld; parents can opt out of the immunization similar to the way they can opt out of any other medical treatment. The only immunizations required by the law are: Diphtheria, Polio, Measles, Rubella.

Spring 1992: The Missouri legislature passes 167.181.RSMo.. The main provisions of this legislation are:

Mumps is added to the list of required vaccinations.
The grace period for an unvaccinated child entering school is shortened from 30 to 15 days.
Ther personal exemption is removed, leaving only exemption "because of religious beliefs or medical contraindications". This removes the right to informed consent that one would have with any other medical treatment. It is noteworthy that this law does not give any specifics about what constitutes "religious belief". Parents interested in using and preserving this exemption are unaware of this law being considered and therefore unable to voice their objections.
The law states: "It is unlawful for any parent or guardian to refuse or neglect to have his child immunized as required by this section, unless the child is properly exempted", thus exposing nonvaccinating parents to the risk of criminal prosecution or loss of custodial rights.
Chiropractors can no longer provide a medical exemption.

Simultaneously, 167.183.RSMo is passed, allowing immunization records to be disclosed and exchanged between schools and state agencies without parental consent for the purpose of monitoring compliance. This means that the right to confidentiality in regards to one's medical information has bee removed when it comes to immunizations.

Fall 1992: Mo. Dept. of Health rule CSR 20-28.010 further narrows the religious exemption beyond the Mo. statute by defining religious belief as "tenets or commonly held beliefs of an organized religion of which the parent or guardian is a member". This excludes sincerely held religious beliefs that are not part of an "organized religion" and claims authority for the Health Department to rule which religions are valid exemptions.

July 1993: The legislature passes an amendment to 167.181., adding pertussis (whooping cough) and tetanus (lockjaw) to the list of required vaccinations. Since pertussis vaccine is contraindicated by the manufacturer for children age seven or older, there remains a question of what to do with older, unvaccinated children as they cannot possibly be brought into compliance with this requirement. Also, tetanus is an illness which is due to an organism (Clostridium tetani) which originates from contaminated soil and is not contagious from humans to humans. This means the state is now assuming authority to mandate immunization for an illness where infected individuals pose no threat to the health of the community. There were only two cases of tetanus in Mo. in 1990, 1991, and 1992, so why change the law?

"On the line" for 1994:-"Show me Health Reform". No Patients' Bill of Rights is included in the draft.

More vaccines? Hepatitis B vaccine (now being administered to newborn babies at birth) and Hemophilus influenzae type B (HIB) could possibly become required vaccines. This would mean that each child would be required to receive 23 doses of vaccine in the first 18 months of life.
Computerized immunization surveillance system: New Federal legislation was recently passed by the Senate (and will be considered in the House next year), requiring States to set up databanks tracking all newborn children from birth for the purpose of enforcing immunizaiton requirements. The authority to grant exemption, however, would fall to the individual states.
Missouri's "Select Committee on Children, Youth and Families" (Chair: Rep. Kaye Steinmetz, d-Florissant) has voted to seek to repeal the religious exemption from medical treatment. St. Charles County Medical Examiner Dr. Mary Case was quoted as sayhing that the religious exemption from immunizations should also be repealed (St. Louis Post dispatch, p.C 1, 12-3-93).

(To be updated........)

MCC-FHC, P.O. Box 190138, St. Louis, MO 63119-0318
Phone: 208-485-1182, FAX: 208-485-1182

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