health care

NOTE: In a former life, not so long ago, I was an attorney. I’ve since hung up my license (READ: NOTHING HERE IS LEGAL ADVICE, NOR AM I QUALIFIED TO GIVE IT ANYMORE), but I am still an activist, a parent, and an educated human, interested in health care rights of individuals and families.

So here goes.

Parents frequently ask: Can the Immunization Waiver be used against me? Why do doctors insist on it? What happens if I don’t sign it?

Let’s start with background. The stated purpose of the waiver is to “induce a wavering parent” to vaccinate, and to document the discussion when they won’t. In short, it is a recommendation from the American Academy of Pediatrics to induce a parent to follow the Immunization Schedule to a T, and for the doc to CYA if the parent will not. The AAP urges doctors to bring this up at every visit when the child is not on schedule, and to consult a local attorney.

Once you realize the AAP is “Dedicated to the Health of All Children,” a collective concern, it is not surprising the organization promotes a public health initiative like the one-size-fits-all Immunization Schedule, rather than supporting its members in ensuring individuals get the medical treatment that is right for them.

I know of NO signed vaccination waiver ever being used against a parent, other than as a threat. (If you have please share your experience!) There is no need to use the waiver for such a purpose. IF someone wants to create a case against you for refusal to vaccinate on schedule, the lack of any documented medical records to prove otherwise would suffice. They don’t also need a form to substantiate it. The only situation I encountered while working as an attorney where the waiver would be relevant would be in a custody dispute involving vaccination status. And here’s a secret: Those waivers could actually help in custody cases if the parent who suddenly wants to vaccinate had signed a waiver in the past. It won’t be endgame, but it will be a valid point of discussion about candor and intent toward the childrens’ well being, amidst all of the other facts of the relationship.

If you have signer’s remorse, can you get your documents back, or have them removed from the record? No. You can request copies, but the waiver won’t be removed from medical records. The medical record is legally owned by the provider that creates them, not by the patient. You can attempt to amend the medical record with a letter stating you’ve changed your mind, but even if you succeed in getting your note added to the record, the original waiver will remain in the record. That is how charting works. Health workers are trained on the proper way to change a medical record, which involves leaving the original note intact and read-able, and recording the change. The physician owns the record. You have a right to request the change be made, but there is no right to have it made.

Can you submit your own form? You can try. Good luck. It would be at the discretion of the provider to accept it, or tell you to leave the office. They are under no obligation to treat you or your child, or accept any forms from you. What incentive do they have to take your form over their own, or to amend their medical record?

If your concern is a record of your child’s vaccination status, you need to be thinking bigger than that waiver. For a start, find out about the CDC’s Immunization Information Systems plan, your state’s immunization registry and whether the state allows you to opt-out, and what your school district’s reporting requirements are.

So what do you do if you don’t want to sign the form? Tell the pediatrician just that. Or you can review the form and cross out the parts you don’t agree with, then sign. What if the pediatrician’s office gives you push back and insists you sign it, without alteration? Then your values and your pediatrician’s values are not in line. If the pediatrician refuses to see your child unless you submit to coercion at a well-visit, they have that right. You should realized the relationship will not get better from there. What do you think will happen the next time you disagree with your child’s doctor? Time to shop around. There are a growing number of physicians willing to respect your rights and choices for your family. You can also consider joining the growing number of families doing their due diligence with whatever medical visits are necessary, then seeking health and wellness care elsewhere (with naturopaths, chiropractors, herbalists, homeopaths, and midwives to name a few). It may take some homework, but it is well worth the effort to find a health care practitioner that respects the concept of consent, and has an open enough mind to have an honest discussion about vaccine choices without resorting to bully-tactics.