An administrative judge has denied the DeSantis administration’s request to limit the number of plaintiffs in the administrative challenge to its proposed rules to eliminate a requirement that children receive four vaccines before entering daycare or school.
Over objections from the Department of Health, administrative law judge W. David Watkins is allowing the Florida Chapter of the American Academy of Pediatrics and the Florida Chapter of the American College of Physicians Services to intervene in the consolidated administrative challenge.
A four-day hearing has been scheduled in Tallahassee starting Dec. 14.
Attorneys for DOH unsuccessfully argued the organizations lacked standing and shouldn’t be allowed to intervene. The attorneys were successful in their request that they groups’ standing be somewhat limited and they not be allowed to “unduly delay the proceedings or final hearing.”
Attorney Christopher Nuland, representing the organizations, was pleased with Watkins’ decision.
“We certainly want and deserve a seat at the table,” Nuland told the Phoenix Monday.
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Nuland maintains that if Watkins rules in favor of the DOH, the rule could go into effect before Gov. Ron DeSantis leaves office in January.
The consolidated challenge takes aim at the DeSantis administration’s efforts to amend longstanding public health rules that require children to be immunized for haemophilus influenzae type b (Hib), hepatitis B, varicella (chickenpox), and pneumococcal conjugate.
The Florida Academy of Family Physicians, physician Danielle Carter, and three individuals identified only by their initials filed one administrative challenge. A second challenge was filed by Kimberly Thorpe and her two minor children, plus Genevieve Rahmouni and her minor son. Both cases involve medically fragile children.
Both groups argue the DeSantis administration didn’t follow proper rulemaking procedures and that the DOH overstepped its legislative authority.
During a public hearing on the proposed rule changes, DOH Secretary and State Surgeon General Joseph Ladapo said the state isn’t pursuing the changes out of fear or concern about the vaccines, but rather to put parents in charge of their children’s healthcare.
The proposed rule change would not affect vaccine mandates for poliomyelitis, diphtheria, rubeola, rubella, pertussis, mumps, and tetanus, all of which are required by statute.
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