The Florida Department of Health has hit a roadblock in its attempt to end school entry mandates for certain vaccines.
Last Friday, the Florida Academy of Family Physicians filed a petition to stop the state from ending those vaccine requirements for hepatitis B, chickenpox, Haemophilus influenzae type b, and pneumococcal disease.
The state was on track to put the rule into effect this year, but "the timeline will be contingent on legal outcomes," said Isabel White, a spokesperson for the Florida Department of Health.
The petition was filed on behalf of the FAFP, its president Dr. Danielle Carter, and three individuals listed by initials. One is T.F., a 70-year-old with chronic myelomonocytic leukemia, who had received a bone marrow transplant and is vulnerable to viruses. The last two petitioners are K.O., who is a school nurse, filing individually and on behalf of her minor child, and D.O., who attends child care and is too young to have completed all the relevant vaccinations.
The proposal is a revision of Rule 64D-3.046, related to immunization requirements at schools and daycares.
"The issue here is that would be overall detrimental to public health," said Dr. Carter.
What's the argument against the new rule?
The FAFP makes three arguments against the department's revision.
The first is that the department is exceeding its authority to override its duties to prevent diseases and ensure children are vaccinated.
Second, the state has not provided new medical evidence questioning the safety of the vaccines.
Lastly, the FAFP argues the state is not following procedure, as it is outside the 180-day time limit it has to propose and finalize a rule. The rule change was initially posted in December, but the final rule was published 225 days later, according to the FAFP.
Carter said the issue is that by removing the mandate, immunocompromised children and potentially pregnant teachers could be vulnerable to any of the four illnesses.
"This goes counter to the main statute that governs the Department of Health, which is that they are obligated to protect school-age children from preventable vaccine-preventable illnesses and to overall protect the public health of the state of Florida," Carter said.
Why is the DOH creating the rule?
Earlier this month, Florida Surgeon General Dr. Joseph Ladapo argued the rule change is not about the effectiveness of the vaccines but about giving Florida families the right to choose how their children are medicated.
"We are not insensitive to the fact that people do have illness, and that's a challenge," Ladapo said. "That cannot supersede the right of a parent to make a decision about what's best for their child."
However, Carter sees this as a neglect of the department's duties — a responsibility to maintain the "public" health.
"That is the core of public health: is each individual doing something for the collective good and the collective health of the whole community," she said.
Next, the petition will be reviewed by a judge. If the judge decides the petition has standing, then the case will go to court.
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