Texas Vaccine Mandate a no-go

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ALLIANCE FOR HUMAN RESEARCH PROTECTION (AHRP)Promoting Openness, Full Disclosure, and Accountabilityhttp://www.ahrp.org and http://ahrp.blogspot.com FYIWe are gratified that Texas Governor Rick Perry's Executive Order mandatingHPV Vaccine Carries NO Force of Law! It's dead on arrival.The order, issued on Friday before Super Bowl, mandating all six grade girlsto be vaccinated with Merck's HPV vaccine, Gardasil, is rescinded. Critics--including AHRP--recognized that "Perry's end run around the newscycle and the Legislature is less about women's health than it is aboutlobby dollars and commissions." Indeed, Fox News reported that Merck doubled its spending on lobbyists inTexas this year, to between $150,000 and $250,000, as lawmakers consider thevaccine bill for girls entering the sixth grade.http://www.foxnews.com/story/0,2933,248781,00.htmlFor Merck, this was an investment worth making. inasmuch as the vaccine isprojected to bring in over a billion dollars annually--multi-billions ifmandatory. Gardasil does NOT prevent all sexually transmitted cancer orother sexually transmitted diseases. It may potentially lead to INCREASEDcervical cancer if vaccinated women think they are protected and fail tohave PAP smear tests. Merck's aggressive marketing of Gardasil is a cynical effort to shift thecompany's financial burden from its Vioxx lititgation to taxpayers. Merck's marketing strategy for the HPV vaccine was intended to "Help Pay forVioxx."The public has a right to know the $$ amount Merck spent on lobbying--inparticular how much Merck gave Women in Government to lobby on behalf ofmandatory Gardasil vaccination for girls. Susan Crosby, President of WIGdeclined to specify how much the drug company gave.Merck spokeswoman Janet Skidmore said: "We disclosed the fact that weprovide funding to this organization." She would not say how much thecompany is spending on lobbyists or how much it has donated to Women inGovernment."Ironically, the most enduring thing to come out of this firestorm isdiscovering that Executive Orders by Texas Governors carry no force of law.The Governor directed State agencies to draft rules. They are under nocompulsion to do so. The Governor directed funds be spent on a program. Thatpower belongs to the Legislature. The Governor tried to direct schooldistricts to require the vaccine. He has no legal authority to do so. This may yet prove to be a good idea. But all Perry has done so far isinfuriate allies and enemies alike."Let this be a warning to all those who attempt to side-step parental rightsand public debate by conducting medical or mental screens--e.g.TeenScreen--in America's schools. The goal is to broaden the consumer marketfor medical products. It is a back door approach of providing unsolicitedmedical interventions that expose children to risks of harm. Contact: Vera Hassner Sharav212-595-8974veracare~~~~~~~~~ http://www.news8austin.com/content/headlines/?ArID=179103 & SecID=2 HPV vaccine executive order pushed backUpdated: 2/12/2007 2:58:20 PMBy: Harvey Kronberg COMMENTARY -- Emotions had just begun to calm in the Texas Legislature afterthe bitterly fought speakers race a few weeks ago. But then, Gov. Perrysurprised everyone by ordering all 6th grade girls be vaccinated for HPV.Perry's executive orders are often major policy announcements that openlyinvite debate. He ordered the Texas Education Agency to devise rules assuring 65 percent ofdollars reach the classroom. He ordered speeding up the permitting processallowing TXU to build controversial coal fired electric plants. So, something's wrong when the Governor orders a major mandate late on theFriday of Super bowl weekend when, presumably, no one was paying attention. The order mandates all 6th grade girls receive a new vaccine to prevent HPV,a sexually transmitted virus with established links to cervical cancer. Why hide a major public health initiative?Perry's social conservative base opposes mandating the vaccine arguing itcould promote promiscuity. They also argue more than 500 sixth graders inTexas get pregnant every year, and the manufacturer says the vaccine couldharm pregnant mother and child.For some on the left, price is the problem. Friends tell me they paid$600-$1,400 for the vaccine, only to discover it was not covered byinsurance. The governor showed no interest in negotiating the price withMerck though it will cost even the state more than $300 each for tens ofthousands of young girls.Texas' law prevents lobbying the Legislature and getting paid by contingencyfee or commission. However, there is no such prohibition on lobbyingagencies on procuring things like vaccines. Perry seeks to mandate more than$70 million worth of state purchases. The lead lobbyist pushing the deal isMike Toomey, Perry's long time friend and former chief of staff. Cynicsargue Perry's end run around the news cycle and the Legislature is lessabout women's health than it is about lobby dollars and commissions, but sofar that suspicion remains speculation.Ironically, the most enduring thing to come out of this firestorm isdiscovering that Executive Orders by Texas Governors carry no force of law.The Governor directed State agencies to draft rules. They are under nocompulsion to do so. The Governor directed funds be spent on a program. Thatpower belongs to the Legislature. The Governor tried to direct schooldistricts to require the vaccine. He has no legal authority to do so. This may yet prove to be a good idea. But all Perry has done so far isinfuriate allies and enemies alike.FAIR USE NOTICE: This may contain copyrighted (C ) material the use of whichhas not always been specifically authorized by the copyright owner. Suchmaterial is made available for educational purposes, to advanceunderstanding of human rights, democracy, scientific, moral, ethical, andsocial justice issues, etc. It is believed that this constitutes a 'fairuse' of any such copyrighted material as provided for in Title 17 U.S.C.section 107 of the US Copyright Law. This material is distributed withoutprofit.