Panel spurns vaccination-choice bill
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BY SUSAN M. COVER
Staff Writer
Kennebec Journal & Morning Sentinel 11/06/2009

Staff photo by Joe Phelan
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Staff photo by Joe Phelan
A woman, who declined to be identified, was on e of the audience members who reacted to comment by Assistant Senate Majority Leader Lisa Marrache, D-Waterville, a family physician during a Legislative Council meeting on Thursday in Augusta. Rep. Doug Thomas, R-Ripley, asked legislative leaders to reconsider an earlier vote to reject “An Act to Prohibit Mandatory Vaccinations.” He said current law is unclear about how much power the state has to order vaccinations in an emergency.
Staff photo by Joe Phelan
enlarge
Staff photo by Joe Phelan
APPEAL: Rep. Doug Thomas, R-Ripley, asks legislative leaders to reconsider an earlier vote to reject “An Act to Prohibit Mandatory Vaccinations” during a Legislative Council meeting on Thursday in Augusta.
AUGUSTA -- Democratic legislative leaders rejected a lawmaker's request that a bill concerning vaccinations be heard in January.

The leaders said they feared public confusion at a time when people are concerned about the H1N1 flu virus.

Rep. Doug Thomas, R-Ripley, asked legislative leaders to reconsider an earlier vote to reject "An Act to Prohibit Mandatory Vaccinations." He said current law is unclear about how much power the state has to order vaccinations in an emergency.

"We have an opportunity here to make it clear and set people at ease," he said.

About three dozen people wearing bright-yellow stickers that said "Support Vaccine Choice" packed the small legislative meeting room where the 10-member Legislative Council met Thursday to decide the fate of 73 bills.

Nancy Douglas, of Bristol, said she was concerned about the state having the power to force someone to get vaccinated.

"We need to be sovereign," she said. "We need to be able to control our own bodies."

Democrats on the council insisted current law is clear.

"We are telling you right now: There is nothing in there that's going to force you to be immunized against your will," said Assistant Senate Majority Leader Lisa Marraché, D-Waterville, a family physician.

Dr. Dora Mills, the state's top public health official, said current state law allows her to intervene in rare cases if someone is suspected of spreading disease such as a "multidrug-resistant" form of tuberculous or HIV. Also, in the case of a bioterrorism event, the governor can declare an "extreme public health emergency."

In both instances, Mills has to appear before a judge, meet a high standard of evidence and demonstrate that there are no "less restrictive treatment alternatives" available.

"With H1N1, the law would never allow us to vaccinate somebody against their will, because it would never be the least restrictive strategy," she said.

On Thursday, the Legislative Council voted along party lines, 6-4, to reject Thomas' bill. That means it cannot be considered by the Legislature in January, but Thomas said he's confident someone will bring it back in 2011.

"This law needs to be made clear," he said.

The four Republicans on the council voted to allow the bill to be considered.

Senate Minority Leader Kevin Raye, R-Perry, said he believes in the value of vaccines but said the number of people in the room made it clear there's "a significant level of concern among members of the public."

He said it would be helpful to have a full hearing on the bill.

"I don't see the downside, given the fact we are facing a pandemic," he said.

Assistant Senate Minority Leader Jonathan Courtney, R-Springvale, said the amount of discussion on the bill -- particularly given that most bills considered Thursday had a two-minute time limit -- proved to him that it's worth exploring further.

"Allow the people to speak," he said.

Yet Democrats said the H1N1 virus is not the type of "extreme emergency" that would prompt consideration of an involuntary vaccination. Bills let in for consideration in the coming legislative session are supposed to be of an emergency nature.

"No one is required to be vaccinated in Maine except in a circumstance we're light years away from," said House Majority Whip Seth Berry, D-Bowdoinham.

Some of those who came to the meeting were angered by the bill's rejection.

"We elected them," said Phyllis Fleming, of Thomaston. "They are supposed to listen to us."

Susan Cover -- 620-7015

scover@centralmaine.com

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