Medical Exemption Being Refused in NJ

[Guest guest]

This is off the Mothering vax board...Can anyone help?

http://mothering.com/discussions/showthread

php?s=e325533f99f28414a99753cafb2d251d & threadid=57426

Post

Hi everyone

My 4 yo son was kicked out of preschool today. He has a seizure disorder

that is caused by allergies. He is basically allergic to almost all foods

and has seizures lasting for weeks after ingesting these foods. He has been

hospitalized for them. My doctor said she would never risk vaccinating him

and sent an exemption in. It was rejected and I have been told clearly by

the county and state office of the new jersey health department that there

are 2 acceptable exemptions (as stated by the CDC and AAP) 1. If the child

had a severe reaction previously such as brain damage or anaphalactic shock

he would be exempt to getting that particular shot again. 2. If a doctor can

prove that the child has a significant allergy to a component of a vaccine

that particular vaccine may be waived. However they can require that the

shot be given in an allergists office in case the child has an immediate

reaction and stops breathing. I was also told that there are NO tests that

can conclusively show this either way-the tests don't exist . So then there

is actually only 1 acceptable exemption.

Of course, the health department and school (private) are not taking my

calls. Most people I have spoken with have been terribly rude-the highest

ranking one calling my doctor stupid.

And I can't get anything in writing. I am looking for a lawyer but cannot

afford a lawsuit. And I know what your are saying...they can't do that. Well

they have and in the NJ state law it says that all exemptions are at the

discretion of their own medical board. That is, they have the final say, not

your doctor.

Please, can anyone help me???

End Post

[Guest guest]

Talk to Barbara Loe Fisher at the National Vaccine Info Center -

www.909shot.com - Maybe she can help or suggest someone who can.

Medical Exemption Being Refused in NJ

> This is off the Mothering vax board...Can anyone help?

>

>

> http://mothering.com/discussions/showthread

> php?s=e325533f99f28414a99753cafb2d251d & threadid=57426

>

> Post

> Hi everyone

> My 4 yo son was kicked out of preschool today. He has a seizure disorder

> that is caused by allergies. He is basically allergic to almost all foods

> and has seizures lasting for weeks after ingesting these foods. He has

been

> hospitalized for them. My doctor said she would never risk vaccinating him

> and sent an exemption in. It was rejected and I have been told clearly by

> the county and state office of the new jersey health department that there

> are 2 acceptable exemptions (as stated by the CDC and AAP) 1. If the child

> had a severe reaction previously such as brain damage or anaphalactic

shock

> he would be exempt to getting that particular shot again. 2. If a doctor

can

> prove that the child has a significant allergy to a component of a vaccine

> that particular vaccine may be waived. However they can require that the

> shot be given in an allergists office in case the child has an immediate

> reaction and stops breathing. I was also told that there are NO tests that

> can conclusively show this either way-the tests don't exist . So then

there

> is actually only 1 acceptable exemption.

> Of course, the health department and school (private) are not taking my

> calls. Most people I have spoken with have been terribly rude-the highest

> ranking one calling my doctor stupid.

> And I can't get anything in writing. I am looking for a lawyer but cannot

> afford a lawsuit. And I know what your are saying...they can't do that.

Well

> they have and in the NJ state law it says that all exemptions are at the

> discretion of their own medical board. That is, they have the final say,

not

> your doctor.

>

> Please, can anyone help me???

>

>

> End Post

>

>

>

[Guest guest]

The USUAL LIES........it is NOT up to the health department to decide........

http://www.nccn.net/~wwithin/exemptions.htm

or

http://www.njleg.state.nj.us

then access statute 26:1a-9.1

print out NJ for them

and contact

New Jersey

Ray Gallup truegrit@...

Sue njaicv@...

New Jersey Alliance for Informed Choice in Vaccination (NJ-AICV)

PO Box 243, Gillette, NJ 07933

800-613-9925

Exemptions: www.njleg.state.nj.us then access statute 26:1a-9.1

At 12:59 AM 05/02/2003 -0400, you wrote:

>Talk to Barbara Loe Fisher at the National Vaccine Info Center -

>www.909shot.com - Maybe she can help or suggest someone who can.

> Medical Exemption Being Refused in NJ

>

>

>> This is off the Mothering vax board...Can anyone help?

>>

>>

>> http://mothering.com/discussions/showthread

>> php?s=e325533f99f28414a99753cafb2d251d & threadid=57426

>>

>> Post

>> Hi everyone

>> My 4 yo son was kicked out of preschool today. He has a seizure disorder

>> that is caused by allergies. He is basically allergic to almost all foods

>> and has seizures lasting for weeks after ingesting these foods. He has

>been

>> hospitalized for them. My doctor said she would never risk vaccinating him

>> and sent an exemption in. It was rejected and I have been told clearly by

>> the county and state office of the new jersey health department that there

>> are 2 acceptable exemptions (as stated by the CDC and AAP) 1. If the child

>> had a severe reaction previously such as brain damage or anaphalactic

>shock

>> he would be exempt to getting that particular shot again. 2. If a doctor

>can

>> prove that the child has a significant allergy to a component of a vaccine

>> that particular vaccine may be waived. However they can require that the

>> shot be given in an allergists office in case the child has an immediate

>> reaction and stops breathing. I was also told that there are NO tests that

>> can conclusively show this either way-the tests don't exist . So then

>there

>> is actually only 1 acceptable exemption.

>> Of course, the health department and school (private) are not taking my

>> calls. Most people I have spoken with have been terribly rude-the highest

>> ranking one calling my doctor stupid.

>> And I can't get anything in writing. I am looking for a lawyer but cannot

>> afford a lawsuit. And I know what your are saying...they can't do that.

>Well

>> they have and in the NJ state law it says that all exemptions are at the

>> discretion of their own medical board. That is, they have the final say,

>not

>> your doctor.

>>

>> Please, can anyone help me???

>>

>>

>> End Post

>>

>>

>>

[Guest guest]

I would contact Barbara Flynn of CHERUBS in NJ.....CHERUBS is the NJ chapter

of the Vaccine Liberation

Organization(http://www.vaclib.org/news/cherubs21oct.htm )....she helped

advise me on what to do when the school system here in Brick, NJ tried to

refuse the religious vaccine exemption letter I gave them for my 6 yr old

autistic son......needless to say, all 5 of my kids are now in the public

school, and vaccine-exempt....LOL

take care,

Ellen Sweeney

Unlocking Autism Representative, NJ

Program Administrator, Wings for Little Angels

http://www.unlockingautism.org

" Helping Those with Autism Soar "

Group Manager, Parents of Kids/Adults with Autism

http://groups.msn.com/parentsofkidsadultswithautism

Medical Exemption Being Refused in NJ

This is off the Mothering vax board...Can anyone help?

http://mothering.com/discussions/showthread

php?s=e325533f99f28414a99753cafb2d251d & threadid=57426

Post

Hi everyone

My 4 yo son was kicked out of preschool today. He has a seizure disorder

that is caused by allergies. He is basically allergic to almost all foods

and has seizures lasting for weeks after ingesting these foods. He has

been

hospitalized for them. My doctor said she would never risk vaccinating him

and sent an exemption in. It was rejected and I have been told clearly by

the county and state office of the new jersey health department that there

are 2 acceptable exemptions (as stated by the CDC and AAP) 1. If the child

had a severe reaction previously such as brain damage or anaphalactic

shock

he would be exempt to getting that particular shot again. 2. If a doctor

can

prove that the child has a significant allergy to a component of a vaccine

that particular vaccine may be waived. However they can require that the

shot be given in an allergists office in case the child has an immediate

reaction and stops breathing. I was also told that there are NO tests that

can conclusively show this either way-the tests don't exist . So then

there

is actually only 1 acceptable exemption.

Of course, the health department and school (private) are not taking my

calls. Most people I have spoken with have been terribly rude-the highest

ranking one calling my doctor stupid.

And I can't get anything in writing. I am looking for a lawyer but cannot

afford a lawsuit. And I know what your are saying...they can't do that.

Well

they have and in the NJ state law it says that all exemptions are at the

discretion of their own medical board. That is, they have the final say,

not

your doctor.

Please, can anyone help me???

End Post

[Guest guest]

> The USUAL LIES........it is NOT up to the

> health department to decide........

SHERI:

I've not researched the law in NJ; but I have

done a bit of research in my state. The advice

you offered following the blurb I excerpted

above is good as far as it goes, i.e..., giving

people contact options, etc...,

BUT...

What you said above is relatively simplistic and

in reality, PERHAPS it is an untruth. I remember

similar expressions of opinion in the past from you.

That is why I am pointing this out now.

You really do owe it to yourself and the people who come here

inquiring about this issue (...which is a frequent topic...) to

temper your remarks a bit more toward the legal reality.

Of course, anyone can take anything to court anytime, provided they

have the will, money, and/or other resources to do so.

These state and federal level bureaucracies have teams of lawyers, in

fact whole legal departments, whose assignments are varied and

sometimes highly specialized. The precedents surrounding religious

and/or philosophical exemptions focus on constitutional issues,

i.e..., individual vs. states rights type stuff. I'm not saying the

medical exemption has NO relationship to those same legal precedents,

but in most states, that relationship is NOT the underlying premise.

Administrative Law, especially those chapters focusing on powers

granted to the executive branch BY THE LEGISLATURE regarding agency

rule-making authority, are what, at bottom, DOES indeed grant many

State Health Departments the authority to make the final decision on

any/all medical exemptions. IOW, you can't just isolate the one

clause within the Health Code section focusing on the medical

exemption and assume that is the FINAL word; that as long as your

exemption request is technically in line with that one piece of

language, the State Health Department's intrusion is unwarranted

and " illegal " .

Tim

[Guest guest]

In New Jersey it is not

I have given her the location of the law and the contacts to help her

At 12:15 PM 05/02/2003 -0000, you wrote:

>

>

>> The USUAL LIES........it is NOT up to the

>> health department to decide........

>

>SHERI:

>

>I've not researched the law in NJ; but I have

>done a bit of research in my state. The advice

>you offered following the blurb I excerpted

>above is good as far as it goes, i.e..., giving

>people contact options, etc...,

>

>BUT...

>

>What you said above is relatively simplistic and

>in reality, PERHAPS it is an untruth. I remember

>similar expressions of opinion in the past from you.

>That is why I am pointing this out now.

>You really do owe it to yourself and the people who come here

>inquiring about this issue (...which is a frequent topic...) to

>temper your remarks a bit more toward the legal reality.

>

>Of course, anyone can take anything to court anytime, provided they

>have the will, money, and/or other resources to do so.

>

>These state and federal level bureaucracies have teams of lawyers, in

>fact whole legal departments, whose assignments are varied and

>sometimes highly specialized. The precedents surrounding religious

>and/or philosophical exemptions focus on constitutional issues,

>i.e..., individual vs. states rights type stuff. I'm not saying the

>medical exemption has NO relationship to those same legal precedents,

>but in most states, that relationship is NOT the underlying premise.

>

>Administrative Law, especially those chapters focusing on powers

>granted to the executive branch BY THE LEGISLATURE regarding agency

>rule-making authority, are what, at bottom, DOES indeed grant many

>State Health Departments the authority to make the final decision on

>any/all medical exemptions. IOW, you can't just isolate the one

>clause within the Health Code section focusing on the medical

>exemption and assume that is the FINAL word; that as long as your

>exemption request is technically in line with that one piece of

>language, the State Health Department's intrusion is unwarranted

>and " illegal " .

>

>Tim

>

>

>

>

>

>

[Guest guest]

Yes, print out the law for them and ask them why they are going against the

law? Not mean, just a question.

I had to tell the superintendent who asked me what religion I was, and I

said

it was the " Religion " and asked what religion EVERYONE was at

the school? He let my kid in and I was the FIRST, but he mentioned there

were THREE families that wanted to talk to him about it after me...

Started something...

Good luck, it is nerve wracking I know, and your situation is different

than mine was.

Western NY

Medical Exemption Being Refused in NJ

>

>

> > This is off the Mothering vax board...Can anyone help?

> >

> >

> > http://mothering.com/discussions/showthread

> > php?s=e325533f99f28414a99753cafb2d251d & threadid=57426

> >

> > Post

> > Hi everyone

> > My 4 yo son was kicked out of preschool today. He has a seizure disorder

> > that is caused by allergies. He is basically allergic to almost all

foods

> > and has seizures lasting for weeks after ingesting these foods. He has

> been

> > hospitalized for them. My doctor said she would never risk vaccinating

him

> > and sent an exemption in. It was rejected and I have been told clearly

by

> > the county and state office of the new jersey health department that

there

> > are 2 acceptable exemptions (as stated by the CDC and AAP) 1. If the

child

> > had a severe reaction previously such as brain damage or anaphalactic

> shock

> > he would be exempt to getting that particular shot again. 2. If a doctor

> can

> > prove that the child has a significant allergy to a component of a

vaccine

> > that particular vaccine may be waived. However they can require that the

> > shot be given in an allergists office in case the child has an immediate

> > reaction and stops breathing. I was also told that there are NO tests

that

> > can conclusively show this either way-the tests don't exist . So then

> there

> > is actually only 1 acceptable exemption.

> > Of course, the health department and school (private) are not taking my

> > calls. Most people I have spoken with have been terribly rude-the

highest

> > ranking one calling my doctor stupid.

> > And I can't get anything in writing. I am looking for a lawyer but

cannot

> > afford a lawsuit. And I know what your are saying...they can't do that.

> Well

> > they have and in the NJ state law it says that all exemptions are at the

> > discretion of their own medical board. That is, they have the final say,

> not

> > your doctor.

> >

> > Please, can anyone help me???

> >

> >

> > End Post

> >

> >

> >

[Guest guest]

www.naet.com

www.bioset.com

Kathy

----- Original Message ----- > My 4 yo son was kicked out of preschool

today. He has a seizure disorder

> that is caused by allergies. He is basically allergic to almost all foods

> and has seizures lasting for weeks after ingesting these foods.