•”Wack Jobs” referring to the disabled and medically compromised childrens’ parents
• (as the ink was drying on SB277) Chief Health Officer at the time, Dr. Charity Dean took it upon herself to send to every Superintendent, every School Principle, every Director of Daycare Centers to immediately fax all medical exemptions permanent or temporary to the immunization program.
•Federal Law Prohibits actions that were taken by Dr Charity
•Family Educational Rights and Privacy Act
(FERPA) Law http://bit.ly/2lBxWHT “This law protects immunization records and medical exemptions as part of the students educational record. Schools may only release these records for only “legitimate interests” and the federal government has made clear that campaigns like Dr. Charity Deans’ which involves a blanket release of this type of information data violates federal law”
Case involving Alabama Department of Education state health officer ordered the release of immunization records to the Department of Health
http://bit.ly/2k5PyLy (ALA case)
•Neither HIPPA nor FERPA authorizes or permits disclosure of these medical records
•So basically you cannot order the release of students immunization records. NO EXCEPTIONS
•No one will know the answer unless an investigation is commenced and concluded. “As an attorney in this state, I do know there are multiple laws that safeguard the privacy rights of every single one of your medical files in this state or anywhere.”
•If found guilty of violating student privacy, then they would lose federal funding, as well as be criminally prosecution. 1100 school district, more than 10,000 schools and just under 10% of all of that funding comes from the federal government.
• Monetary fines – $2,500 first instance, about $10,000 second instance, $25,000 per violation for the third and any subsequent violation. Every breach counts as a separate violation
•9/5 Leigh is asking the ”federal government and the state attorney general’s office to commence an investigation to uncover which of these laws were violated if any MOST IMPORTANTLY discern by WHOM they were violated.”
Monsanto has over 18,000 lawsuits going on now. If every parent whose public school or daycare center child had a medical exemption submitted in their child’s school records, then they should lawyer up because their privacy has been violated under FERPA & HIPPA law. Tell your lawyer to look at the identical case Leigh mentioned in ALA. They violated state and federal law. There is zero exemptions to release those health records to a state agency. When Gov Newsom signs, which he likely will after these new amendments, SB276 will go into effect in 2020.
6/20/19 Assembly Health Committee Hearing