Sunday, February 4, 2007

On the Texas HPV Vaccine Law

Texas has passed legislation to require all girls ages 11-12 to receive the HPV vaccine before entering 6th grade. Some have responded to this by claiming that the government is taking control away from parents, and that this is simply a money-making venture for Merck, producer of the Gardasil vaccine, the only currently approved HPV vaccine. Merck certainly has a financial interest in having as many girls as possible vaccinated, and this New York Times article suggests the company is actively lobbying state legislatures to require vaccination. However, the executive order signed by the TX Governor makes no specific mention of Merck; it refers only to "HPV vaccine." When other companies get their vaccines (which are already in development) approved, Texas parents and doctors would be able to choose among them. Likewise, parents may opt out of the program on behalf of their children, by this provision: "The Department of State Health Services will, in order to protect the right of parents to be the final authority on their children's health care, modify the current process in order to allow parents to submit a request for a conscientious objection affidavit form via the Internet while maintaining privacy safeguards under current law." I can understand the concerns about the vaccine from a long-term effects standpoint (it's a new vaccine) - that, to me, would be the primary concern, along with keeping an eye on the company's lobbying efforts. However, "taking control away from parents" hysteria is a bit overblown, as parents clearly have a provision for opting out and not vaccinating their children, which is not restricted to religious reasons. The parents may simply have to be informed of risks and benefits before making the decision, and I don't think that's such a bad thing.

See Update, 2/6/07
More Updates, 2/7/07

Complete text of the Executive Order:
Executive Order RP65 - February 2, 2007
Relating to the immunization of young women from the cancer-causing Human Papillomavirus.
BY THE
GOVERNOR OF THE STATE OF TEXAS
Executive Department
Austin, Texas
February 2, 2007

WHEREAS, immunization from vaccine-preventable diseases such as Human Papillomavirus (HPV) protects individuals who receive the vaccine; and

WHEREAS, HPV is the most common sexually transmitted infection-causing cancer in females in the United States; and

WHEREAS, the United States Food and Drug Administration estimates there are 9,710 new cases of cervical cancer, many of which are caused by HPV, and 3,700 deaths from cervical cancer each year in the United States; and

WHEREAS, the Texas Cancer Registry estimates there were 1,169 new cases and 391 deaths from cervical cancer in Texas in 2006; and

WHEREAS, research has shown that the HPV vaccine is highly effective in preventing the infections that are the cause of many of the cervical cancers; and

WHEREAS, HPV vaccine is only effective if administered before infection occurs; and

WHEREAS, the newly approved HPV vaccine is a great advance in the protection of women's health; and

WHEREAS, the Advisory Committee on Immunization Practices and Centers for Disease Control and Prevention recommend the HPV vaccine for females who are nine years through 26 years of age;

NOW THEREFORE, I, RICK PERRY, Governor of Texas, by virtue of the power and authority vested in me by the Constitution and laws of the State of Texas as the Chief Executive Officer, do hereby order the following:

Vaccine. The Department of State Health Services shall make the HPV vaccine available through the Texas Vaccines for Children program for eligible young females up to age 18, and the Health and Human Services Commission shall make the vaccine available to Medicaid-eligible young females from age 19 to 21.

Rules. The Health and Human Services Executive Commissioner shall adopt rules that mandate the age appropriate vaccination of all female children for HPV prior to admission to the sixth grade.

Availability. The Department of State Health Services and the Health and Human Services Commission will move expeditiously to make the vaccine available as soon as possible.

Public Information. The Department of State Health Services will implement a public awareness campaign to educate the public of the importance of vaccination, the availability of the vaccine, and the subsequent requirements under the rules that will be adopted.

Parents' Rights. The Department of State Health Services will, in order to protect the right of parents to be the final authority on their children's health care, modify the current process in order to allow parents to submit a request for a conscientious objection affidavit form via the Internet while maintaining privacy safeguards under current law.

This executive order supersedes all previous orders on this matter that are in conflict or inconsistent with its terms and this order shall remain in effect and in full force until modified, amended, rescinded, or superseded by me or by a succeeding governor.

Given under my hand this the 2nd day of February, 2007.

RICK PERRY(Signature)
Governor

Attested by:
ROGER WILLIAMS(Signature)
Secretary of State


See Update, 2/6/07

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MeSH Tags: Adolescent; Papillomavirus Vaccines; Texas; Uterine Cervical Neoplasms;

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