As you read this work and put its principles into practice, there are two basic
axioms you never want to forget. They are the rock upon which all your actions
are based.
RULE #2 - There are no compulsory vaccination laws.
All are voluntary, and you
are held responsible for the adverse results upon you or your children.
All compulsory laws concerning vaccination (including the military) contain
exceptions and waivers. It is these protections placed in the laws that you may
legally use to exclude yourself and your children. Surprisingly, these
exceptions were placed there, not for your sake (although you may take advantage
of them), but for the protection of the establishment. How is this? Let us
assume that these exceptions were not there and everyone was actually forced to
be immunized. Should a child die
or become mentally or physically disabled, the parent would have the perfect
case to sue the doctor, the school, the health department, and even the state
legislature for enormous damages. Since they allowed no exceptions, they must
accept full responsibility for all the adverse consequences of the law. However,
if exception waivers are placed in the law, the responsibility is then
transferred back to the parent. If a child should be injured by immunization,
the officials can say, "Well, the parent
should have exempted him if they thought there was any danger." Therefore, there
is in truth no such thing as a compulsory vaccination law in this country. They
are, in essence, voluntary. The problem is that practically no one in authority
will let you know this fact.
RULE #3 - Know your own state law so that you can conform to its exact
requirements for exemption.
While all immunization laws have exceptions you can
use, the wording in each state differs, and you must know the exact wording for
your state to make the proper request of waiver.
This information can be obtained in one of two ways.
We shall discuss medical exemption first. While laws do vary, nearly all states require that a note or certificate of waiver be submitted by a physician licensed in the state of residence. In some areas where states are small and people continually travel from one to another for business, a statement from a physician in a contiguous state will be accepted.
In this letter it is usually necessary to state the reason for the requested waiver and the length of time it should extend. Many laws limit all such letters to a school year and they must be renewed each fall. The two most valid reasons for medical waiver are "the fear of allergic reaction in a sensitive child" and "to prevent possible damage to a weakened immune system." Both of these can occur in a child who has been immunized, and since no one but the physician and the parent will be held responsible for their consequences, it is up to them to protect the child.
It is possible that some states may require the letter from an M.D. or D.O., but many will allow an exemption letter from a chiropractor if it is courteously and properly written, as outlined above.
RULE #5 - The rules that govern school vaccination exemption also apply to the
military.
Never let anyone tell you otherwise. They do not know, or are
hiding, the facts of the law.
The foregoing may work for school exemptions, but are there any such waivers in the Armed Forces? Yes. All branches of the Service provide "immunization waivers." Again, if they did not you could sue them for millions of dollars if a reaction occurred from their immunizations. Because of these waiver provisions, you become responsible if you react.
When you first sign up or enlist, you must state your objection to the vaccinations and tell whether it is "religious conscience" or medical reasons, such as allergies or a low tolerance to medication of any kind. If you do not show objection at this time, you have given the military the right to do what they will with you.
If there is any difficulty, the same rules apply here as in the school program. Never forget, even though you may be in the Service, no one has the right to immunize you against your will. You do not give up your constitutional rights when you join the Armed Forces.
Rule #6 - You may travel wherever you wish in the world without vaccination.
The
worst that can happen is that in very rare circumstances you may be
detained temporarily.
What about international travel? May I go around the world without vaccination?
The World Health Organization (WHO) in Geneva grants American visitors the right to REFUSE shots when traveling internationally. However, if an area you wish to enter is infected, you may be detained until the public health servant gives you the "go" (at his discretion).
Thousands travel world-wide each year without shots - so you may if that is your choice. Many of our co-workers have traveled over much of the world and have never taken any immunizations, nor were they ever detained.
It would be wise to request a copy of Foreign Rules and Regulations, Part 71, Title 42, on immunization when you receive your passport. Never forget the basic rule, "No one will vaccinate you against your will because by doing so they assume full responsibility for the consequences both legal and medical."
Some Important Details: The above six rules constitute all the basics. However, there are many important little "tricks of the trade" to having your legal requests honored. These will now be discussed.
While waivers and exemptions are written into all laws on immunization, most public health officials, doctors, and especially school officials are loathe to discuss their existence when questioned, and rarely, to our knowledge, volunteer such information.
A top Philadelphia school official was on the radio with the unequivocal statement, "NO SHOTS, NO SCHOOL."
This statement is of course completely counter to state law, with which presumably he is familiar. Such unwarranted dogmatism is common in the people you will encounter. Once the end of their legitimate authority has been reached, they will use their next most powerful weapon - INTIMIDATION.
They will threaten to keep your child out of school, take him from you, or send you to jail. These are all idle threats because they can do none of these thing, if you follow our simple instructions. The basic rules have been given to you, but there are a few important details to be considered if the officials start on this course of unlawful intimidation.
You must send a letter to the school to inform the education officials of your stand. A phone call is not legal. It can be a note from your doctor, minister, or a notarized letter from you stating your sincere objections to the immunization. If you do not do this and fail to have your child immunized, it could be construed as negligence on your part and in some states there is a possibility of legal action against you.
If the school should refuse to honor your letter, request that they give you a statement in writing outlining their reasons for refusal. If they won't, their refusal is legally invalid, and your letter stands; they must enroll your child. If they do (they rarely will) they take the risk of incriminating themselves, especially if they are acting contrary (as is common) to what is specified in the law concerning your rights for exemption. Remember they are on tenuous ground, not you. They are your servants, you are not their servant. If worst comes to worst and you have a very knowledgeable official who writes you a refusal and states accurately the lawful reasons for refusal, he will also in a negative way tell you what the accepted exemptions are, and then you can go about meeting them, by one of the routes suggested in this handout.
Child neglect is the one legal point you want to avoid at all costs. No legal parent or guardian can be charged with neglect unless he shows complete lack of concern or action to be more informed. Stripped of legal jargon, this simply means that if you can show that you have investigated the situation, have come to a specific decision concerning immunizations, and have informed the authorities of the same, no neglect charge can be brought. Neglect can be brought only when it can be shown that you have failed to have your children immunized, not out of respect for their medical or spiritual integrity, but only because you were too concerned with other matters.
At times there may be a question of whether you have given or withdrawn legal consent. Legal consent is dependent upon being properly informed on both the advantages and the risks in any choice or decision you make. In other words, if a physician were to tell you that vaccination is perfectly safe and effective to obtain your consent, such consent would not be legal because he lied and you have not been properly informed. Conversely, it could be argued that non-consent is not legal if you are not fully informed about the risks and advantages of immunizations. What do I do if everyone refuses to give me a waiver? This would be an extremely rare circumstance. But should it happen, you are not left without resources.
Here is where we pull out one of our big guns. Send notarized letters by certified mail to the vaccine laboratory which makes the shot (ask your doctor for the address), to the doctor who is to administer the shot, to your school principal, to the school board, and to your local health department. In these letters make it clear that since they have refused to give you a duly requested waiver, you can no longer be held responsible for what may happen to your child if they force these shots upon him. You then state that you will allow immunization if each will present you with a written signed guarantee of safety and effectiveness of the vaccine and that they will consent to assume full responsibility for any and all adverse reactions that your child may develop from the required shots. Of course none will give you such a guarantee. They cannot do so because all vaccines are considered potentially highly toxic. We have yet to hear of an instance of further harassment of parents after such letters have been sent. That's about all that is needed to obtain the necessary exemptions for your children. All that has been said in this last section is also applicable to the military and international travel, if required.
A Potpourri of Ammunition
"As long as each individual who opposes vaccines has sincere objections, states them in writing, and signs his name - it is considered legal and proper action and must therefore be honored."
"Since many medical controversies exist surrounding immunization, drugs, and various other medications, it mandates that each individual have the right to control his own decisions and freedom of choice; anything less would be contrary to the constitutional laws that protect the citizens' rights." "When you deal with school officials and lawyers, you are playing with legal terminology - move the wrong words around and you get hung." The terminology used in this article has worked before and should work again.
"It is important to state your objections in such a way that it complies with your state's exemption provisions. They must then accept your request; if they do not, they are breaking their own law." That is why it is absolutely essential that you know your own state law word for word before submitting your objection.
"According to CDC (the federal Communicable Disease Center in Atlanta, Georgia), physicians are required to first inform their patients of the risks involved before they consent to vaccines." If they do not do so, it is prima facie evidence of deceit or negligence on the part of the physician.
This regulation by the federal government would also seem to assume that the patient has the right to refuse if he feels that the risks are too great. If this is so, is not the federal government on record as supporting voluntary immunization and, by obvious implication, against state-enforced compulsory immunization?
Should you ever have to go to court, or what is more likely, to appear before a "kangaroo" court of school and health department officials, here is some class A evidence you might find useful to mention.
No vaccine carries any guarantee of protection from the laboratory that produced it or the doctor who administered it.
The U.S. military allows no-nonsense "immunizations waivers."
There is NO FEDERAL LAW on immunizations. They don't dare. Their lawyers know the consequences.
Your rights have been infringed upon by officials attempting to use force against your will.
Most state officials like a nice, stress-free job. When you send in your objections and refuse to fit their ordered world by not having your children immunized, you make waves.
This rocks their quiet existence, and there are only two ways their life can become orderly again: either by forcing you to their will or acquiescing to yours. What you must do to obtain an early waiver is to make the latter the easiest path for them.
At first, however, an attempt will usually be made to bend you to their will by some form of intimidation. Many uninformed parents give in to this tack, and so it is tried again and again.
How to Legally Avoid Immunizations was originally published at http://www.mercola.com/
For further information on your rights as an individual and as a parent, please visit www.vaclib.org
For a complete resource guide on vaccine refusal, see Dr. Sherry Tenpenny's book, "Saying No to Vaccines."
Visit her site at http://drtenpenny.com/default.aspx