DENVER – An attempt to ease the process for parents who want to opt out of required vaccinations for their children in public school was passed Thursday by a Senate committee.
Senate Bill 250, which would allow opt outs by letters of exemption or a health department form, was passed by the Senate Health and Human Services Committee on a 3-1 vote.
Students in public schools are required to receive a series of 11 vaccines or submit exemption statements based on either medical, religious or personal reasons, but the law does not define the exemption statement.
The Colorado Department of Public Health and Environment created a standardized form that also provides information on the dangers of opting out of vaccinations. The form is used by schools to track which students are vaccinated either fully, partially or not at all.
At issue is that the law does not give the health department jurisdiction to require a specific form, said Sen. Vicki Marble, R-Fort Collins and sponsor of SB 250.
The lack of definition for an exemption form and the overstepping of authority by the CDPHE is the reason for the bill, said Sen. Tim Neville, R-Littleton, and also a sponsor of SB 250. “We have law but this is a clarification because we’ve had some problems in the last several years regarding CDPHE’s creative interpretation of the law at times.”
The departments of public health and education issued a joint memo Wednesday clarifying to schools that they could also accept letters of exemption from parents and emancipated students or those who were 18-years old.
Proponents of the bill argued that the government-provided opt-out form was cumbersome and people should be able to create their own.
There was also concern that the form was protected under the Family Education Rights and Privacy Act, which protects private information provided to school districts, and therefore could be an invasion of privacy.
The bill was opposed by school nurses, doctors and the health department because of concerns that it would erode a law that is permissive for individual exemptions.
Liane Jollon, executive director of San Juan Basin Health, was among those who testified against SB 250.
“I think this bill is a step in the wrong direction, it’s unnecessary and it does not provide us with the tools that we need to do our charge in our communities,” Jollon said.
The standardized documentation is crucial if an outbreak of a communicable disease occurs, she said.
Without the forms, it can delay response as they try to decipher who may be at risk, Jollon said. That is especially true in rural communities where there are limited resources.
Discussion at times spilled into the debate on vaccinations, despite the sponsors’ attempts to redirect the hearing.
“This bill is about the form and about the process. It has very little to do with what people may believe one way or the other regarding immunization,” Neville said.
The bill heads to the full Senate for consideration.
lperkins@durangoherald.com
