Editorial: California must close loophole in vaccination law

One way or another, when all is said and done, Gov. Gavin Newsom must sign legislation closing the loophole in California’s vaccination law.

Californians needs to restrict unwarranted medical exemptions in order to protect residents from contagious diseases. It’s also essential that the Legislature and the governor stand up to the anti-vaccination protesters who have been disrupting hearings with their misguided efforts. One of the activists was arrested on charges of misdemeanor assault after allegedly shoving the author of the vaccination bill, Sen. Richard Pan, during a confrontation on a sidewalk near the state capitol in Sacramento.

The state Senate on Wednesday passed Pan’s legislation, SB 276, sending it to Newsom for his signature. The simplest course of action would be for the governor to follow through on his commitment to sign the bill. If only it was that easy.

Newsom and Pan negotiated a deal in June on compromise language that would crack down on doctors willing to abuse the system by handing out unwarranted medical exemptions to anti-vaccination parents. But after the bill passed the Assembly on Tuesday, the governor weighed in with additional concerns.

Pan decided against adding further amendments to his bill prior to Wednesday’s Senate vote. But he said that he would “certainly be open” to working with the governor’s office on separate legislation addressing Newsom’s concerns. The deadline for any additional bill to pass the Legislature is Sept. 13.

Newsom reportedly wants doctors facing discipline under vaccination law to have the ability to present additional information at their appeals. He also wants doctors who grant medical exemptions to be able to certify the veracity of the exemption without facing a penalty for perjury. Those issues are worthy of consideration. But they shouldn’t stop the governor from signing SB 276.

Pan’s law builds on his 2015 legislation that requires that children be vaccinated before they can attend public or private schools. Public health officials maintain that a minimum 94% immunization rate is needed to preserve the “herd immunity” against diseases such as the measles. The 2015 law allowed for a medical exemption if there is a valid medical reason that a child should not be vaccinated. That includes the fewer than 1% of children who are allergic to vaccines or have cancer or autoimmune disorders.  But a handful of doctors, playing into unfounded fears from anti-vaccination parents, have been abusing the law.

A Bay Area News Group report earlier this year found that five doctors in the Bay Area had signed more than half of the 180 vaccine exemptions on file at eight local school districts.

Pan’s SB 276 would give the state the final say on whether medical exemptions should be approved. The state would only take action when a doctor has given more than five medical exemptions in a year or for children in schools where fewer than 95% of students have been vaccinated.

The Centers for Disease Control continues to call vaccines “one of the greatest success stories in public health.” In 1920, 469,924 measles cases were reported in the United States, and 7,575 of those patients died.

Measles remains a dangerous, highly contagious disease. The governor must act responsibly and close the loophole in the state’s vaccination law.