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Groundwork Laid for Mandatory Vaccination in Georgia

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Earthjive
Tuesday, Sept 29th, 2009
 
On April 28, 2009 Georgia Governor Sonny Perdue signed House Bill 217 (“the/this Bill”). It is imperative that all citizens of Georgia read this Bill, as it is now law. It can be found at the following link:
http://www.legis.state.ga.us/legis/2009_10/versions/hb217_HB_217_AP_10.htm

Listed below are a few, not all, of the powers granted to the state government. Each item in bold print is taken directly from the Bill.

1. Physicians are given the right to “authorize the use of influenza vaccine orders for a group of patients”.

In the Bill, there is no definition provided for ‘group of patients’. Thus a group of patients could be residents of a certain county, students of a school, children of a certain age group, adults of a certain age group, ANYONE.

2. “No physician who complies with the provisions of this code shall be subject to criminal or civil liability or discipline for 1) entering into an influenza agreement with a pharmacist or nurse, 2) issuing an influenza vaccine order”.

Any physician who follows this code is exempt from any legal recourse.

3. “Consent of the child’s parent or legal guardian shall be a condition precedent to the administration of an influenza vaccine to a child under the age of 18.”

In an effort to define “Condition Precedent,” The University of Chicago School of Law states that:

  • “To the extent that the non-occurrence of a condition would cause disproportionate forfeiture (in this case the possibility of forfeiture of public health due to the H1N1 flu) a court may excuse the condition…”

May a court excuse a promise? No. Again, according to the University of Chicago Law School:
 

  • A d v e r t i s e m e n t
  • “If a term is described as a promise rather than a condition precedent, both parties would still owe the duties pledged to each other.” The wording in the LAW is clearly stated as a condition precedent – not a promise.  

    Thus, the particular wording of this law allows for the Physician (at the direction of the state government) to disregard the Parent’s wishes.

    4. “Notwithstanding any law to the contrary, a nurse acting pursuant to an influenza vaccine protocol agreement as provided in this Code section may possess and transport influenza vaccine and epinephrine”.

    The above item allows a nurse to travel with the vaccine.

    Where is the nurse taking it? To a school? To your home? No further clarification is provided.

    The final section of this bill states: “All laws and parts of laws in conflict with this Act are repealed,” so there is no law to the contrary.

    Taken as a whole, this Bill allows mandatory vaccination of any person if the Government deems it necessary, even in the person’s own home.

This article was posted: Tuesday, September 29, 2009 at 4:15 am





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