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‘Medical Freedom Act’ moves through Senate, while opponents are concerned over rising measles cases

Republican Sen. Clay Yarborough, who represents Nassau County and part of Duval County. On Tuesday, Sen. Yarborough read SB 1756, which he sponsored. The Medical Freedom Act would increase exemptions parents could use to waive vaccine requirements for their children.
Florida Channel
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Florida Senate
Republican Sen. Clay Yarborough, who represents Nassau County and part of Duval County. On Tuesday, Sen. Yarborough read SB 1756, which he sponsored. The Medical Freedom Act would increase exemptions parents could use to waive vaccine requirements for their children.

A bill that allows parents more freedom to opt out of mandatory student vaccines is making its way through the Florida Senate.

The “Medical Freedom Act” on Tuesday received a favorable vote of 10-7 from the Senate Committee on Appropriations. While the bill would make several changes to the state’s health policy, opponents are concerned that the number of unvaccinated people will grow as cases of measles continue to spread.

“It doesn't take a medical degree to understand that this bill is very dangerous,” Sen. Carlos Guillermo Smith, D-Orlando, said.

The senator said a broader exemption to vaccines means more unvaccinated children “and putting more medically vulnerable people in harm's way, which seriously jeopardizes their freedom to live healthy lives”

What is the Medical Freedom Act?

The Medical Freedom Act would allow parents to waive student vaccine requirements for philosophical reasons. Florida already allows vaccine exemptions for religious reasons.

It also proposes limiting state health officers' power to mandate emergency vaccinations and allows pharmacists to prescribe ivermectin over the counter without prescriptions.

The Medical Freedom Act would also require parents to sign an acknowledgment form, reading the risks and benefits of a specific vaccine, before their child receives the vaccine,.

“If a parent is going to choose vaccinations for their child, then they have to give informed consent,” said Republican Sen. Clay Yarborough, who represents Nassau County and part of Duval County.

Earlier this legislative session, Republican Sen. Gayle Harrell proposed an amendment to the bill that would require parents seeking an exemption to also be informed of the risks and benefits of a vaccine.

That amendment did not pass.

If parents on both sides are informed, whether they opt in or opt out, Harrell said, , “you can make an appropriate decision, and perhaps more people would get vaccinated when they have that information.”

She said, “I truly believe that this is a dangerous bill, and I cannot vote for it.”

Yarborough disagreed about the danger.

“This is not outside the confines of what we do pretty much for all other medical decisions for children in Florida before they receive a procedure, receive treatment, before you know, a healthcare individual at their school can give them any medication,” he said.

Increasing vaccine freedom while measles rises

The Department of Health reports 51 cases of measles acquired in Florida -- though none in Central Florida -- since the start of the year. It’s the most on record by far in any year going back to 1992, when the state’s recordkeeping started. That year -- for the whole year -- it was 33.

“This is more than we've ever had in that short period of time because we're lacking herd immunity,” Harrell said.

The total number of Florida cases acquired this year in the state, and outside of it, is 87. None of the cases reported were in Central Florida. The vast majority have been in Collier County. Six cases were found in Duval County, part of which Yarborough represents.

A list of some of Orange County’s largest elementary schools showing their kindergartner vaccination rate and rate of those who waived the vaccine through religious waivers. Only Audubon Park Elementary had a vaccination rate above the recommended 95% needed for herd immunity against measles.
The Florida Department of Health
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Joe Mario Pedersen
A list of some of Orange County’s largest elementary schools showing their kindergartner vaccination rate and rate of those who waived the vaccine through religious waivers. Only Audubon Park Elementary had a vaccination rate above the recommended 95% needed for herd immunity against measles.

When asked about the unprecedented rate of measles, Yarborough confessed he was concerned, but it did not deter him.

“We're trying to balance here. Making sure that while doing our best to protect public health, we are not impeding on the rights of parents to make the best decision for their children,” Yarborough said.

In order to gain herd immunity against measles, the Centers for Disease Control and Prevention recommends that 95% of a population be vaccinated. In Orange County, nine of the largest schools don’t meet the threshold. Laureate Elementary is one of those, with 91% of its kindergartners vaccinated. It also has the largest percentage of kindergartners who were religiously exempt, with 15.4%

The stats concern Sen. Smith even without the Medical Freedom Act applied.

“Nine out of 10 of the largest schools in my area are below the 95% threshold. Those rates will continue to drop under this bill,” he said.

Smith asked Yarborough if he or the Department of Health had conducted any epidemiological forecasts examining the impact of allowing more people to opt out of vaccinations.

Yarborough said he was unaware if the department had conducted one. Smith said in closing that he did not believe any forecasting or modeling had been conducted.

“And if they have done that modeling, they have not shared that with the Florida Senate, which is reckless,” he said.

Originally from South Florida, Joe Mario came to Orlando to attend the University of Central Florida where he graduated with degrees in Radio & Television Production, Film, and Psychology. He worked several beats and covered multimedia at The Villages Daily Sun but returned to the City Beautiful as a reporter for the Orlando Sentinel where he covered crime, hurricanes, and viral news. Joe Mario has too many interests and not enough time but tries to focus on his love for strange stories in comic books and horror movies. When he's not writing he loves to run in his spare time.
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