Daily Archives: May 13, 2015

How the philosophical exemption was lost

A few weeks ago, the state legislature had apparently decided not to open the Pandora’s box of vaccination policy. The general feeling was, let’s let the 2012 law play out a while longer and see where it goes.

And then, for reasons still unexplained, a couple of key state Senators (Kevin Mullin and John Campbell) grabbed that box and threw it open. They amended a barely-related Health Department housekeeping bill, H.98, to include an end to the philosophical exemption on childhood immunizations. The Senate Health Care Committee gave it a mere two hours of hearings, one for and one against; it sailed through the committee and the full Senate.

Even so, it seemed likely that the House would let the amended bill lie. Leadership decided to have the House Health Care Committee hold hearings on H.98, even though the bill was never officially given to that committee. Those hearings were quickly scheduled, and they were quite extensive. At the time, it seemed like a ploy to run out the clock. Even more so as the hearings continued through the penultimate week of the session.

Funny thing, though: the more time passed, the more things seemed to shift entirely. By the end of last week, the momentum was clearly on H.98’s side. A House vote seemed certain and passage seemed likely, if not a sure thing. Monday’s public hearing was a chance for all parties to sound off, without actually affecting the process.

Which brings us to Tuesday, covered in my previous post. The Donahue amendment lost by the narrowest of margins, and then H.98 passed the House with ease.

This time, I’m here to explain why this happened. Not how it happened; you’d have to get John Campbell and Shap Smith into a rubber room and fill ’em full of truth serum to find that out. As for the why, here’s my two cents. Or three, if you prefer.

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Missed it by that much

Anne Donahue had a clever plan.

Notice I say “clever,” not “smart.” The Donahue amendment was a last-ditch attempt to derail H.98, the bill that would end the philosophical exemption for childhood vaccinations.

The amendment would have combined the philosophical and religious exemptions, and put more obstacles in the way of those seeking an exemption: reading educational materials, watching a video, having an in-person consultation with a health care practitioner. Donahue argued that these obstacles would achieve the goal of raising immunization rates without sacrificing parental choice.

It was clever because it played on lawmakers’ fears of taking a definitive stand, fears that are always amplified when there’s a loud and focused opposition.

It wasn’t smart because it would have done nothing to raise immunization rates.

I can say that with confidence because if the House had adopted the amendment, it would have been at odds with the Senate. With the Legislature careening toward adjournment and many pressing issues still unresolved, it’s a virtual certainty that H.98 would have been quietly shelved.

Of course, Donahue had to know that.

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