[PROVE] Gov CONSPIRES with Health Dept to Force HPV Vaccine

[Guest guest]

[Dear PROVE Members,

Last week we walked the halls and delivered packets to all offices in the Texas

House and Senate providing information on why the HPV vaccine should not be

mandated. Our visits were met with friendly grateful appreciation. On Monday,

some of us were at a House Public Health Committee hearing until after midnight

to support HB 1098 which would prohibit HPV vaccine from being required and

would overturn the governor’s executive order. On Wednesday, the House Public

Health Committee passed the bill with a vote of 6 to 3 and the bill is on its

way to the full House where it already has 91 joint sponsors out of 150

Representatives. Now as more journalists are using open records requests to

piece together the puzzle, the corruption is starting to become clear -

was working on this mandate for months and even had the health dept write it!

Additionally, some of our friends in Congress have just filed a bill to prohibit

federal funding or other assistance to states that mandate the HPV vaccine.

Your calls and letters to your elected officials in Texas and Congress are

working! Thank you everyone for your hard work and keep the communication with

your elected Representatives and Senators in Texas and Washington DC going!

They need to hear from you! – DR]

surprised by backlash to HPV order

Mandate was months in the making, but few were in the loop.

By Corrie MacLaggan

AMERICAN-STATESMAN STAFF

Friday, February 23, 2007

http://www.statesman.com/news/content/region/legislature/stories/02/23/23govhpv.\

html

In the days before his Feb. 6 State of the State address, Gov. Rick

dribbled out announcements of several initiatives so they wouldn't get lost in

bigger news the day of the speech. On Jan. 30, a disaster contingency fund. On

Feb. 1, higher education reforms. And on Feb. 2, the mandate that schoolgirls be

vaccinated against the human papillomavirus.

That turned out to be one of the most controversial initiatives of 's

tenure, but the governor's office never saw the backlash coming.

The next day, when the governor's executive clerk went to church, he was

unprepared for the criticism he would encounter.

" I got hammered in church this morning on the Merck thing — and it was just

Saturday, " Chief Clerk Greg son wrote in a Feb. 3 e-mail to colleagues,

referring to the company that makes the vaccine. " Do we have any talking points

or stats or anything that can help me fight through Sunday. This is brutal. "

This e-mail and other documents obtained by the Austin American-Statesman under

Texas open records laws reveal new details about how Texas became the first

state to require the vaccine that helps prevent cervical cancer. They show that

the governor's office had been talking about HPV with drug maker Merck for at

least five months and that the same state agency that the governor directed to

implement the executive order actually drafted the order. And they show that, as

son's experience illustrates, the governor's office had simply failed to

predict the firestorm.

Critics have blasted the executive order, with some saying overstepped his

authority and others worrying about the vaccine itself: that it's too new to

know about long-term effects or that getting vaccinated against the sexually

transmitted virus could encourage young girls to be promiscuous.

A House health panel led by state Rep. Dianne White Delisi, R-Temple, a member

of 's own Republican Party and the mother-in-law of the governor's chief of

staff, Deirdre Delisi, this week recommended that the full chamber pass a bill

that would essentially overturn 's mandate.

" Did we expect such an uproar? " spokesman Black asked during an

interview. " I think it's fair to say no. Would it have changed ('s) mind if

he would have known that? No. What people thought of his order or the fact that

we were the first state in the nation — for the governor, none of that really

comes into play. "

Rather, it is a women's health issue, Black said.

Much of the controversy has centered on Merck, which this week suspended efforts

to lobby statehouses around the country to mandate the vaccine, Gardasil. The

company had been funneling money through an advocacy group, Women in Government.

In Texas, some had questioned 's Merck ties: Mike Toomey, 's former

chief of staff, is one of Merck's lobbyists here, and Merck gave $6,000 to

's re-election campaign. Black said that Toomey and have never

discussed HPV and that " it's a bit of a red herring " since another drug company,

GlaxoKline, is also developing an HPV vaccine.

However, documents show that on Nov. 7, the day was re-elected, a

gubernatorial policy adviser sent an e-mail to Toomey and to Lara Keel, both of

the Texas Lobby Group, with the subject " HPV numbers. " The e-mail included

projected costs of providing the HPV vaccine to low-income Texans.

In fact, the governor's office was talking with Merck representatives not long

after Gardasil was approved by the FDA in June, documents show.

In an Aug. 17 e-mail to Dr. Bell, deputy executive commissioner of the

Health and Human Services Commission, gubernatorial adviser Heidi McConnell

wrote: " There is a good chance that we are going to do something on the HPV

vaccine, so (a colleague) and I met with Merck representatives earlier this week

to get an update on the vaccine. "

Black said that conversations between the governor's office and Merck " shouldn't

surprise anyone. They're the ones who had the vaccine, " he said.

When preparing to announce the executive order, 's staffers apparently

worried about coming across as too Merck-friendly.

On the day before the executive order was issued, in response to a draft of the

news release, the governor's assistant director of budget, planning and policy

wrote: " (T)hat first line sounds almost like a Merck commercial. "

The draft was not provided to the Statesman. The governor's office has asked the

attorney general's office for an opinion on whether it may keep HPV-related

draft documents confidential, said Chelsea Thornton, the governor's assistant

general counsel.

While the governor's office was worrying about the wording of the announcement,

key lawmakers were out of the loop. State Sen. Jane , R-ville,

chairwoman of the Senate Health and Human Services Committee, told reporters

Feb. 5 that she was surprised hadn't contacted her about the mandate. She

called on him to rescind it, saying, " I just don't think he thought this one

through. "

The same day, LeBlanc, the governor's community affairs public liaison,

wrote an e-mail to colleagues with the subject " Why the rush? " He asked for an

answer to " why we didn't let HPV vaccine run its course in the Leg.? Preferably

one I can use in public. "

Even some members of the governor's staff were blindsided by the executive

order.

Ken Armbrister, a retired state senator who is the governor's new liaison to

lawmakers, was inadvertently left off the list of officials who were to be

notified ahead of time. Because Armbrister was unaware, he was unable to alert

key lawmakers to what was coming.

's support of mandating the vaccine surfaced during the gubernatorial race,

though few took notice.

In September, after Democrat Bell had said he favored mandating the

vaccine, the Fort Worth Star-Telegram reported that spokesman Ted Royer

said: " supports requiring the cervical cancer vaccine, as long as parents

retain the right to opt their children out. "

At the time, perhaps because Bell and agreed, " no one batted an eye, "

Black said.

After Election Day, when switched from campaigning to preparing for the

2007 legislative session, he began to consider how to implement the mandate,

Black said.

State health officials could have added the vaccine to the required list without

the drama of an executive order.

But " after spending a lot of time thinking about it, talking to folks, not the

least of which was Mrs. , who feels very strongly about this issue, I think

the governor felt so strongly that it was the absolute right thing to do to

protect life, that when we had an opportunity like this to prevent a cancer in

young women, that he needed to put the weight of the entire executive branch

behind it, " Black said.

The executive order directs the Health and Human Services Commission to adopt

rules that mandate the vaccination against HPV for girls before starting sixth

grade.

But documents show that state health officials were the ones writing a draft of

the executive order that directs their own agency to write the rules.

On Jan. 18, Dr. Bell of the commission wrote an e-mail to a

gubernatorial adviser:

" (A)ttached is the draft Executive Order that was requested by the Governor's

Office staff. Neither my staff nor I have ever drafted such a document so we

just patterned it off the ones that we found on the Governor's website. I hope

the draft is satisfactory to edit and create the official document. "

Commission spokeswoman Goodman said it's not surprising that the

agency drafted the order because " we know the language necessary to implement

the vision laid out by the governor's office. "

The order says that beginning in September 2008, sixth-grade girls must be

vaccinated against the four strains of HPV that cause 70 percent of cervical

cancers. The shots cost $360 for the three-dose series, and it will cost $71.7

million a year to pay for the shots for low-income Texans, spokeswoman

Krista Moody said. Parents may opt not to have their daughters vaccinated.

Three weeks after issued the order, he is standing by it despite

widespread opposition from lawmakers and the social conservatives who have

traditionally backed him. is trying to shape the debate into one that's

more about people with cervical cancer and less about politics and money. On

Monday, introduced reporters to a 31-year-old Houston woman who is dying

of cervical cancer caused by HPV.

" This debate should be based on whether or not this state is going to do

everything it can to prevent cervical cancer in young women, to save women's

lives, " Black said. " Anything else is a distraction from the real issue. "

cmaclaggan@...; 445-3548

Additional material from staff writer Laylan Copelin.

==========================

Parental Right to Decide Protection Act (Introduced in House)

HR 1153 IH

110th CONGRESS

1st Session

H. R. 1153

To prohibit Federal funding or other assistance for mandatory human

papillomavirus (HPV) vaccination programs.

IN THE HOUSE OF REPRESENTATIVES

February 16, 2007

Mr. GINGREY (for himself, Mr. PITTS, Mr. CARTER, Mr. GOODE, Mrs. MYRICK, Mr.

LAMBORN, Mr. GARRETT of New Jersey, Mr. BOOZMAN, Mr. WELDON of Florida, Mr.

KINGSTON, Mr. ADERHOLT, Mrs. BLACKBURN, Mr. BARRETT of South Carolina, Mr.

PEARCE, Mr. HOEKSTRA, Mr. PAUL, Mr. AKIN, Mr. SAM JOHNSON of Texas, Mr. SOUDER,

Mr. MCCOTTER, Mrs. MUSGRAVE, Mr. SENSENBRENNER, Mr. PENCE, Mr. SALI, Mr.

MANZULLO, Mr. WESTMORELAND, Mr. FORTENBERRY, and Mr. JORDAN of Ohio) introduced

the following bill; which was referred to the Committee on Energy and Commerce

--------------------------------------------------------------------------------

A BILL

To prohibit Federal funding or other assistance for mandatory human

papillomavirus (HPV) vaccination programs.

Be it enacted by the Senate and House of Representatives of the United States of

America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Parental Right to Decide Protection Act'.

SEC. 2. FINDINGS.

The Congress finds as follows:

(1) HPV, the human papillomavirus, is the most common sexually transmitted

infection in the United States. HPV types 16 and 18 cause about 70 percent of

cervical cancers. The Centers for Disease Control and Prevention estimates that

about 6,200,000 Americans become infected with HPV each year and that over half

of all sexually active men and women become infected at some time in their

lives. On average, there are 9,710 new cases of cervical cancer and 3,700 deaths

attributed to it in the United States each year.

(2) Early detection is the key to diagnosing and curing cervical cancer, and

therefore the Food and Drug Administration (FDA) recommends that all women get

regular Pap tests. The Pap test looks for cell changes caused by HPV, so the

cervix can be treated before the cells turn into cancer. The FDA also states the

Pap test can also find cancer in its early stages so it can be treated before it

becomes too serious, and reaches the conclusion that it is rare to die from

cervical cancer if the disease is caught early.

(3) On June 8, 2006, the FDA approved Gardasil, the first vaccine developed to

prevent cervical cancer, precancerous genital lesions, and genital warts due to

human papillomavirus (HPV) types 6, 11, 16, and 18. Gardasil is a recombinant

vaccine, it does not contain a live virus, and it is given as three injections

over a six-month period. The vaccine is approved for use in females 9-26 years

of age. However, the FDA also states that since the vaccine is new, more studies

need to be done to determine how long women will be protected from HPV. For

example, the FDA does not know if a booster is needed after a couple of years to

ensure continuity of protection.

(4) As detailed by the FDA, four studies were conducted in 21,000 women, one in

the United States and three multinational, to show how well Gardasil worked in

women between the ages of 16 and 26. The study period was not long enough for

cervical cancer to develop; however, preventing cervical precancerous lesions is

believed highly likely to result in the prevention of cervical cancer.

(5) In January 2007 the Advisory Committee on Immunization Practices (ACIP),

under the Centers for Disease Control and Prevention, issued changes to the

previous childhood and adolescent immunization schedule. The ACIP recommends the

new human papillomavirus vaccine (HPV) to be administered in a 3-dose schedule

with the second and third doses administered 2 and 6 months after the first

dose. Routine vaccination with HPV is recommended for females aged 11-12 years,

the vaccination series can be started in females as young as age 9 years, and a

catch up vaccination is recommended for females aged 13-26 years who have not

been vaccinated previously or who have not completed the full vaccine series.

(6) States historically have maintained the practice of applying immunization

recommendations to their school admittance policies so as to protect

schoolchildren from outbreaks of contagious disease. The Association of American

Physicians and Surgeons states that there is no public health purpose for

mandating HPV vaccine for schoolchildren. HPV is a sexually transmitted disease.

(7) With at least 16 States entertaining legislation which takes the

unprecedented step in requiring young girls to obtain a vaccine for a disease

that is not spread by casual contact in order to attend school, many

organizations and associations have come out against mandatory HPV vaccine

programs.

(8) The Texas Medical Association has stated that although it strongly supports

the ability of physicians to provide the HPV vaccine, at this point, it does not

support a State mandate.

(9) The American College of Pediatricians and the Association of American

Physicians and Surgeons are opposed to any legislation which would require HPV

vaccination for school attendance. They have stated that excluding children from

school for refusal to be vaccinated for a disease spread only by intercourse is

a serious, precedent-setting action that trespasses on the right of parents to

make medical decisions for their children as well as on the rights of the

children to attend school.

(10) Federal funds should not be used to implement a mandatory vaccine program

for a disease that does not threaten the public health of schoolchildren in the

course of casual, daily interaction between classmates and inserts the

government into the lives of children, parents, and physicians.

SEC. 3. PROHIBITION AGAINST FUNDING FOR MANDATORY HUMAN PAPILLOMAVIRUS (HPV)

VACCINATION PROGRAMS.

No Federal funds or other assistance may be made available to any State or

political subdivision of a State to establish or implement any requirement that

individuals receive vaccination for human papillomavirus (HPV).

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Dawn

PROVE(Parents Requesting Open Vaccine Education)

prove@... (email)

http://vaccineinfo.net/ (web site)

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PROVE provides information on vaccines, and immunization policies and practices

that affect the children and adults of Texas. Our mission is to prevent vaccine

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informed independent vaccination decisions for themselves and their family.

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