Bad Bill Watch

Please take action and call your state representatives ASAP. Pan, Lo and Weiner need to go!

AB-2098 Physicians and surgeons: unprofessional conduct.

AB 2098 was introduced on 2/14/2022. This bill is sponsored by Assembly Member Low with Coauthors: Assembly Members Aguiar-Curry, Akilah Weber, and Wicks; Senators Pan and Wiener.

This bill would add the following new Section 2270 in the Business and Professions Code, to read:

(a) It shall constitute unprofessional conduct for a physician and surgeon to disseminate or promote misinformation or disinformation related to COVID-19, including false or misleading information regarding the nature and risks of the virus, its prevention and treatment; and the development, safety, and effectiveness of COVID-19 vaccines.

(b) The board shall consider the following factors prior to bringing a disciplinary action against a licensee under this section:
(1) Whether the licensee deviated from the applicable standard of care.
(2) Whether the licensee intended to mislead or acted with malicious intent.
(3) Whether the misinformation or disinformation was demonstrated to have resulted in an individual declining opportunities for COVID-19 prevention or treatment that was not justified by the individual’s medical history or condition.
(4) Whether the misinformation or disinformation was contradicted by contemporary scientific consensus to an extent where its dissemination constitutes gross negligence by the licensee.

(c) For purposes of this section, the following definitions shall apply:
(1) “Physician and surgeon” means person licensed by the Medical Board of California or the Osteopathic Medical Board of California under Chapter 5 (commencing with Section 2000).
(2) ”Board” means the Medical Board of California or the Osteopathic Medical Board of California, as applicable.

(d) Section 2314 shall not apply to this section.

Why is this a bad bill?

This bill goes after our trusted doctors and surgeons who understand that the science is never settled and continue to seek and share the best treatment practices for their patients. Additionally, it infringes on a doctor’s right to make educated and individualized decisions about their patient’s health and treatment, with the constant worrying that they will be subject to disciplinary action for thinking outside the box.

AB-1993 Employment: COVID-19 vaccination requirements.

AB 1993 was introduced on 2/10/2022. This bill is sponsored by Assembly Members Wicks, Aguiar-Curry, Low, and Akilah Weber (Principal coauthors: Senators Newman, Pan, and Wiener) (Coauthors: Assembly Members Quirk and Stone) (Coauthor: Senator Dodd).

This bill would add a new section to current California State Law, 12940 that addresses unlawful practices in employment, mandating both private and public employers require each employee or independent contractor to provide proof to the employer, or an authorized agent thereof, that the person has been vaccinated against COVID-19.

This bill would require, on January 1, 2023, each employer to affirm, in a form and manner provided by the department, that each employee or independent contractor complied with these provisions and would require the employer to affirm that each new employee or independent contractor is in compliance at the time of hiring or contracting with that person. The bill would require the department to impose a penalty of an unspecified amount on an employer for any violation of these provisions.

The bill defines “vaccinated against COVID-19” as either being “fully vaccinated” by a vaccine authorized by the United States Food and Drug Administration (FDA) or the World Health Organization (WHO) or having received “the first dose of a two-dose COVID-19 vaccine, provides proof of that first dose, and provides proof of receiving the second dose of the vaccine within 45 days after receiving the first dose.” The bill carves out certain exemptions to the vaccination requirement including a medical condition or disability or a “sincerely held religious belief that precludes the person from receiving the vaccination.” The bill even includes a reporting provision for submitting vaccination information to California’s Department of Fair Employment and Housing (DFEH) and penalty provisions of an indeterminate amount for failure to comply with this proposed law.

Why is this a bad bill?

1) An employee’s personal health information should remain private and not reflect their job status.
2) It should not be an employers responsibility to monitor their employees vaccine status.
3) This bill creates a clear invasion of privacy between employer and employee.

AB-1797 Immunization registry.

AB1797 expands the current CA vaccine tracking/immunization registry.

AB 1797 was introduced on 2/7/2022 and is sponsored by Assembly Members Weber, Low and Wicks and Senators Pan, Newman and Wiener.
Current laws do not allow districts to verify students’ COVID-19 vaccination status. While not mandating the COVID vaccine, the legislation would add the vaccine to the registry.
Additionally, not every city takes part in the California Immunization Registry (CAIR), however, under this legislation, those registries would merge into one system to make records more accessible statewide. The full text of the bill is not available as of 2/17/2022.

Why is this a bad bill?

CA already tracks your child’s vaccine status in regards to the vaccines required by SB277 for school. However, this bill takes it two steps further by including the Covid-19 vaccine, as well as, forcing all schools to use the CAIR system for their vaccine records.

AB-1847 Criminal procedure: victims’ rights.

AB 1847 was introduced on 2/8/2022 and is sponsored by Assembly Member Valladares.

Existing law authorizes a court, under specified circumstances, to resentence a defendant convicted of a felony offense. Under existing law, resentencing can be granted without a hearing upon stipulation of the parties.

This bill would require a hearing if requested by a victim of the crime and changes the time limit for notification.

Hidden deep within AB-1847 is a statement that allows the Dept of Corrections to require proof of vaccination for in-person attendance of hearings. “(B) Notwithstanding subparagraph (A), the department may condition in-person attendance on background checks, proof of immunization or vaccination, and the notice requirements authorized in this section, to the same extent that these conditions are required for inmate’s counsel.”

FOR-US does not take a position on the bill. However, FOR-US is opposed to the vaccine requirement.

SB-866 Minors: vaccine consent.

On January 21, 2022 Senators Weiner and Pan introduced SB-866, This bill would allow children ages 12 years and older to get vaccinated without parental consent. SB-866 applies to all vaccines approved by the U.S. Food and Drug Administration (FDA) that meet the recommendations of the Advisory Committee on Immunization Practices (ACIP) of the Centers for Disease Control and Prevention. Under existing law, children ages 12 to 17 cannot be vaccinated without parental consent, unless the vaccine is for a sexually transmitted, such as HPV or Hepatitis B.

UPDATE: On 2/7/2022 joint rule # 55 was suspended by a vote of 31 yes and 6 no. Joint rule 55 requires a waiting period of 30 days after a bill is printed before it can be acted on.

Why is this a bad bill?

1) Minors are easily coerced by authority figures, such as teachers and doctors. This bill opens the door for coercion.
2) 12+ year old children may not know their full medical history nor the potential risks vaccination may pose to them as an individual. “Most children, even in adolescence, simply are not able to make sound judgments concerning many
decisions, including their need for medical care or treatment. Parents can and must make those judgments.” U.S. Supreme Court Parham v. J.R., 442 U.S. 584 (1979)
3) If the child has a negative reaction to the vaccine, how will a parent be able to properly care for the child if they are unaware of the culprit?

SB-871 Public health: immunizations.

Introduced on January 24, 2022, Senator Pan introduced yet another childhood vaccination bill aimed at mandating the COVID-19 vaccine for ALL California students, in grades K-12. The vaccine mandate would apply to school-aged students in public schools, private elementary or secondary schools, childcare centers, day nurseries, nursery schools, family day care homes, and development centers. SB-871 could also mandate vaccines in the future without requiring the state to offer personal belief exemptions, making it easier to add COVID-19 boosters or other immunizations for students without a lengthy legislative process.

UPDATE: On 2/7/2022 joint rule # 55 was suspended by a vote of 31 yes and 6 no. Joint rule 55 requires a waiting period of 30 days after a bill is printed before it can be acted on.

Why is this a bad bill?

1) Children are highly unlikely to be hospitalized for COVID-19, and even less likely to die from the illness. The vaccine does not prevent illness or transmission. The risks of the vaccine outweigh the benefits.
2) The outcome of the bill will not prevent COVID-19 infection or transmission.
3) Many people, including children, have already recovered from a COVID-19 infection and have long lasting natural immunity.
4) There are many safety concerns surrounding the Covid-19 vaccine, including myocarditis, Guillain-Barre, and blood clots.
5) Parents who have not vaccinated their children for COVID-19 yet, are unlikely to do so in the future. This bill will only cause a further decline in school enrollment as parents continue to take their kids out of school and look to homeschooling as an alternative.

(You can find more info on all current vaccine legislation at NVIC and AVFCA)
What can you do to help stop these bills?

Find your state representatives:
https://findyourrep.legislature.ca.gov/
https://www.senate.ca.gov/senators

Please contact your state representatives today! You may stop by their office, email, or call them. Help educate CA’s representatives on the above bills and request that they oppose the current vaccine legislation. Help save California!