BILL ANALYSIS                                                                                                                                                                                                    Ó






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          Date of Hearing:  April 19, 2016


                            ASSEMBLY COMMITTEE ON HEALTH


                                   Jim Wood, Chair


          AB 2832  
          (Travis Allen) - As Introduced February 19, 2016


          SUBJECT:  Immunizations:  vaccine injury information.


          SUMMARY:  Requires the California Health and Human Services  
          Agency (HHS) to maintain a conspicuous link to federal resources  
          related to vaccine injuries, including, but not limited to, the  
          Vaccine Adverse Event Reporting System (VAERS) and the National  
          Vaccine Injury Compensation Program (NVICP), on the agency's  
          Internet Website.


          EXISTING STATE LAW:  


          1)Establishes HHS to oversee departments and offices that  
            provide a wide range of services in the areas of health care,  
            mental health, public health, alcohol and drug treatment,  
            income assistance, social services, and assistance to people  
            with disabilities.



          2)Establishes the Cailfornia Departmentof Public Health (DPH),  











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            under HHS, which oversees various public health programs,  
            including programs related to preventing disease, disability,  
            and premature death of the residents of California. 

          3)Authorizes DPH to establish the Immunization Branch to provide  
            leadership and support to public and private sector efforts to  
            protect the population against vaccine-preventable diseases.

          EXISTING FEDERAL LAW:  


          1)Establishes, under the National Vaccine Childhood Injury Act  
            (NVCIA), the NVICP, a no-fault alternative to the traditional  
            tort system which provides compensation to people found to be  
            injured by certain vaccines.  


          2)Requires, under the NVCIA, healthcare staff to provide a  
            vaccine information sheet (VIS) to a patient, parent, or legal  
            representative before each dose of certain vaccines.


          3)Requires health care providers to report certain adverse  
            health events following vaccination to VAERS.  


          FISCAL EFFECT:  This bill has not yet been heard by a fiscal  
          committee. 


          COMMENTS:  


          1)PURPOSE OF THIS BILL.  According to the author, existing law  
            establishes DPH within the HHS.  DPH is vested with certain  
            duties, powers, and responsibilities, including programs  











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            related to immunizations and communicable diseases.  DPH  
            provides pages of information about vaccines and their  
            benefits.  However, it provides virtually no information  
            regarding vaccine injuries or federal resources, such as the  
            Vaccine Injury Compensation Program (VICP) or VAERS, which  
            exist to aid persons who suffer vaccine injuries.  The author  
            argues that the manner in which HHS and DPH disseminate  
            information related to vaccines and vaccine safety directly  
            contributes to the lack of awareness of vaccine injuries and  
            of the federal resources available to assist vaccine-injured  
            children and adults.  DPH's publication titled "Vaccine  
            Safety: Answers to Parents' Top Questions," for example,  
            provides no information regarding the existence of VAERS for  
            adverse event reporting or VICP for vaccine injury claims.   
            Similarly, within the DPH Website, links to VAERS and VICP are  
            so obscure, that a person searching must know that these  
            programs exist in order to find them. Indeed, a search for the  
            terms "vaccine injury" on the DPH Website returns a page  
            titled "Vaccine Safety," with links to various California and  
            federal resources discussing vaccines and their importance.   
            Links to VAERS and VICP are buried at the bottom of the page  
            among twelve other links under the heading "Additional  
            Resources."  The author states that a parent of a child who  
            suffers a post-vaccination adverse event would need to spend  
            an inordinate amount of time to identify the resources  
            available to them, resulting in an undue burden on a family  
            already dealing with vaccine injury.  The author concludes  
            that without awareness of the VICP, individuals who might  
            otherwise receive compensation for a vaccine-related injury or  
            death will continue to be denied compensation because of a  
            failure to file their claim within the statutory deadlines,  
            being forced to solely bear the financial burden of dealing  
            with health conditions resulting from a state-mandated medical  
            procedure.













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          2)BACKGROUND.  The diseases that vaccines prevent can be  
            dangerous, or even deadly.  According to the federal Centers  
            for Disease Control and Prevention (CDC), vaccines reduce the  
            risk of infection by working with the body's natural defenses  
            to help it safely develop immunity to disease.  When bacteria  
            or viruses invade the body, they attack and multiply, creating  
            an infection.  The immune system then has to fight the  
            illness.  Once it fights off the infection, the body is left  
            with a supply of cells that help recognize and fight that  
            disease in the future.  Vaccines contain the same antigens or  
            parts of antigens that cause diseases, but the antigens in  
            vaccines are either killed or greatly weakened.  This exposure  
            to the antigens teaches the immune system to develop the same  
            response as it does to the real infection so the body can  
            recognize and fight the disease in the future.  


            Public health experts agree that vaccines represent one of the  
            greatest achievements of science and medicine in the battle  
            against disease.  Vaccines are responsible for the control of  
            many infectious diseases that were once common around the  
            world, including polio, measles, diphtheria, pertussis,  
            rubella, mumps, tetanus, and Hib meningitis.  Vaccine helped  
            to eradicate smallpox, one of the most devastating diseases in  
            history.  Over the years, vaccines have prevented countless  
            cases of infectious diseases and saved literally millions of  
            lives.  





            Vaccine-preventable diseases have a costly impact, resulting  
            in doctor's visits, hospitalizations, and premature deaths.   
            Sick children can also cause parents to lose time from work.   











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            CDC recommends routine vaccination to prevent 17  
            vaccine-preventable diseases that occur in infants, children,  
            adolescents, or adults.  


          3)National Childhood Vaccine Injury Act.  During the mid-1970s,  
            there was an increased focus on personal health and more  
            people became concerned about vaccine safety.  Several  
            lawsuits were filed against vaccine manufacturers and  
            healthcare providers by people who believed they had been  
            injured by the TDaP vaccine.  Damages were awarded despite the  
            lack of scientific evidence to support vaccine injury claims.   
            In 1976, a preemptive attempt to conduct a nationwide  
            influenza vaccination campaign for the swine flu stoked  
            peoples' fears.  The predicted epidemic did not occur and  
            there were some who argued this particular influenza vaccine  
            resulted in serious side effects.  As a result, potential  
            liability costs and vaccine prices soared, and several vaccine  
            manufacturers halted production.  A vaccine shortage resulted  
            and public health officials became concerned about the return  
            of epidemic disease.  



            To reduce liability and respond to public health concerns,  
            Congress passed the NCVIA in 1986.  The NCVIA established the  
            National Vaccine Program Office (NVPO) to coordinate  
            immunization related activities among various federal agencies  
            and requires health care providers who give vaccines to  
            provide an information statement to the patient or guardian  
            that contains a brief description of the disease as well as  
            the risks and benefits of the vaccine.  The NVICP was created  
            to compensate those injured by vaccines on a "no fault" basis.  
             The NVICP has been criticized by some for inefficient  
            operations, and for providing legal immunity to the  
            pharmaceutical industry.  











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            The NCVIA established a committee from the Institute of  
            Medicine (IOM Committee) to review the literature on vaccine  
            reactions.  The IOM Committee concluded that there are  
            limitations in our knowledge of the risks associated with  
            vaccines.  The group looked at 76 health problems to see if  
            they were caused by vaccines.  Of those, 50 (66%) had no or  
            inadequate research to form a conclusion.  The IOM identified  
            several specific problems, such as a limited understanding of  
            biological processes that underlie adverse events, incomplete  
            and inconsistent information from individual reports, poorly  
            constructed research studies (not enough people enrolled for  
            the period of time), inadequate systems to track vaccine side  
            effects, and few experimental studies were published in the  
            medical literature.  The CDC states that in the time since the  
            publication of the IOM reports in the 1990s, significant  
            progress has been made to monitor side effects and conduct  
            research relevant to vaccine safety.  In 2011 the IOM  
            published, "Adverse Effects of Vaccines: Evidence and  
            Causality," representing an extensive study of peer-reviewed  
            vaccine related research to date.  The IOM Committee reviewed  
            eight vaccines given to children or adults (MMR, varicella,  
            influenza, hepatitis A, hepatitis B, human papillomavirus,  
            meningococcal, and DTP) and again found that vaccines are  
            generally very safe and that serious adverse events are quite  
            rare.





          4)VAERS.  The NCVIA requires health care providers to report  











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            certain adverse health events following vaccination to the  
            VAERS.  The VAERS system remains an important source of  
            information for the CDC and others to monitor the vaccine  
            program, but the system allows self-reporting by any citizen  
            or healthcare provider what they believe to be an adverse  
            vaccine-related event.  The event numbers publicly available  
            have not been medically verified or scientifically studied.   
            Health care providers are subject to the adverse event  
            reporting provisions of the NCVIA. This act mandates the  
            reporting of any event set forth in the Reportable Events  
            Table<1> that occurs within the time period specified and any  
            event listed in the manufacturer's package insert as a  
            contraindication to subsequent doses of the vaccine.  There  
            are no penalties specified in the law for health care  
            providers who do not report adverse events.  However, the  
            federal Food and Drug Administration takes active steps to  
            educate physicians, nurses and other health care workers about  
            the importance of reporting adverse vaccine events.



          5)Vaccine Information Statements.  A VIS is a document, produced  
            by CDC, that informs vaccine recipients (or their parents or  
            legal representatives) about the benefits and risks of a  
            vaccine they are receiving.  All vaccine providers, public or  
            private, are required by the NCVIA to give the appropriate VIS  
            to the patient (or parent or legal representative) prior to  
            every dose of specific vaccines.  The appropriate VIS must be  
            given prior to the vaccination, and must be given prior to  
            each dose of a multi-dose series.  It must be given regardless  
            of the age of the recipient.  Every VIS contains, among other  
            information, consistent and clear directions to the patient on  
            where to find resources regarding vaccine injuries, how to  

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


          <1>  
           https://vaers.hhs.gov/resources/VAERS_Table_of_Reportable_Events_ 
          Following_Vaccination.pdf  








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            report an adverse reaction to VAERS, and information regarding  
            the NVCIP. 


          6)SUPPORT.  Supporters argue that this measure will help the  
            public access VICP, created as part of the 1986 National  
            Childhood Vaccine Injury Act to compensate victims of vaccine  
            injuries.  All too often vaccine injury claim filing deadlines  
            are missed as many patients are unaware of the program's  
            existence.  Supporters state that this undermines the very  
            purpose of the VICP, which is to compensate vaccine-injured  
            individuals and it erodes trust in the vaccine program.  
            Supporters conclude that conspicuous and clearly labeled web  
            links to VAERS on state agency websites will greatly enhance  
            the accuracy and effectiveness of this essential research  
            tool.


          7)OPPOSITION.  The California Immunization Coalition (CIC)  
            states in opposition that despite the concerns voiced by the  
            author, DPH has addressed these issues through their  
            comprehensive Website which includes links, information, and  
            resources on vaccines, vaccine preventable diseases and  
            vaccine safety.  CIC argues that this bill is unnecessary as  
            links to vaccine safety information currently exist not only  
            on the DPH website but it is federal law that patients are  
            provided with a Vaccine Information Statement, a document that  
            explains both the benefits and risks of a vaccine and includes  
            information for VICP and VAERS. 


          8)POLICY COMMENTS.   


             a)   DPH already posts the requested information.  It should  
               be noted that the information required by this bill is  











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               already "conspicuously available" on the DPH Website  
               (  https://www.cdph.ca.gov/programs/immunize/Pages/VaccineSafe 
               ty.aspx  ).  This website is the first result returned for  
               the search term "vaccine injury" on DPH main Website as.   
               DPH states that provision of vaccine safety information is  
               one of many public services provided voluntarily by DPH.   
               The Committee may wish to consider whether this bill is  
               necessary.


             b)   Why HHS?  HHS oversees departments and offices that  
               provide a wide range of services in the areas of health  
               care, mental health, public health, alcohol and drug  
               treatment, income assistance, social services, and  
               assistance to people with disabilities.  DPH is responsible  
               for executing Health and Safety Code statutory provisions  
               and related regulations regarding public health activities,  
               including immunizations. It is more likely that a consumer  
               looking for vaccine injury information would end up on the  
               Website of DPH, not HHS.


             c)   What is "conspicuous"? The measure requires HHS to  
               "maintain a conspicuous link to federal resources." It is  
               not clear what characteristics of the link would qualify it  
               as conspicuous.


          REGISTERED SUPPORT / OPPOSITION:




          Support













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          A Voice for Choice


          Hundreds of individuals




          Opposition


          California Immunization Coalition




          Analysis Prepared by:Paula Villescaz / HEALTH / (916) 319-2097