Bills We Oppose

AB 659 - HPV

Cancer Prevention Act (Aguiar-Curry)

This bill, the Cancer Prevention Act, would add human papillomavirus (HPV) to the described list of diseases for which immunization documentation is required for school. The bill would specifically prohibit the governing authority from unconditionally admitting or advancing any pupil to the 8th grade level of any private or public elementary or secondary school if the pupil has not been fully immunized against HPV.

The bill would clarify the department’s authority to adopt HPV-related regulations for grades below the 8th grade level. By creating new duties for school districts, the bill would impose a state-mandated local program.

California would be the first state to have an HPV vaccine mandate without non-medical exemptions available (Personal or religious belief exemptions would not be available).
The bill would allow for the California Department of Health's authority to use HPV-related regulations for students

Action Steps

Email and Phone the CA Assembly Health Committee directly. .
Submit your letter of opposition via the Legislative Portal.
Instructions on how to submit a letter.
Meet with your CA Assembly Member office to discuss your opposition to AB 659. (Find your Rep)
Meet with your Religious Leaders to ask them to oppose AB 659.
Meet with your School Board Members to discuss AB 659 and ask them to oppose the bill.

Why we oppose

Regardless of the fact that we’re talking about a vaccine, HPV is not transmitted in a classroom setting. Protection from HPV is not necessary to be safe at school.

The focus should be minimal requirements for school enrollment.

School is compulsory and enrollment rates are low and declining. Why are we adding another obstacle to be able to go to school? We should strive to be inclusive.

Adding a requirement to get the HPV vaccine, when they are already learning about HPV and have access to get vaccinated against it without parent knowledge or consent, goes beyond what’s necessary to be allowed at school. Children are already being educated and given the opportunity to protect themselves. A mandate is just not a necessary requirement for children to participate in and graduate from school.

Some talking points:

It is not a question of being pro-vaccine or anti-vaccine. The issue is whether a patient’s consent to treatment is fully informed. --

Children already learn about HPV at school with the required sex-ed curriculum,
This is about the only vaccine a child CAN get without parent consent because it is a STD vaccine. A child in 8th grade is able to get the HPV vaccine, even without parent knowledge, because they are protected under reproductive rights laws.
Huge ADA financial losses due to 8-12th graders potentially being denied school due to their lack of vaccination. In California, there are estimated 441,390 students enrolled in the 7th grade, that would be denied entry to 8th grade if they don’t comply with this proposed mandate in 2024.
Over 200 lawsuits have been filed against the HPV vaccine and Merck (HPV vaccine manufacturer).
Existing California law makes access to the HPV vaccine easily and
readily available without parental consent or knowledge.
California already has 2 HPV policies:
- Children currently learn about HPV at school with the required
  sex ed curriculum
- California reproductive rights laws allow 8th graders/minors 12 and
  older to consent to the HPV vaccine, medical diagnosis and treatment
  for sexually transmitted infections without parental knowledge or
  consent. (SB 158:Weiner)
California has policies for prevention education and access that appear to be effective based on rising HPV vaccination rates without mandating the vaccine for school enrollment. With a current HPV vaccination rate of 75% for adolescents without a mandate, the insurance portion of this bill will also expand access.
There are more effective approaches to prevent the spread of HPV and lower
the rate of cancer. Public health officials have long recommended the Pap
test (also known as Pap Smear), which detects abnormalities in cervical
tissue, and HPV DNA testing, as the most effective frontline public health
response to the disease.
In order to ensure a robust and diversified student population, the focus
should be on minimal requirements for school enrollment. HPV is not transmitted in a classroom setting and an HPV vaccine mandate is not necessary to be safe at school. School is compulsory, and must be easily accessible for all children in California. Required Vaccine policies with limited exemptions have placed barriers for tens of thousands of students to attend public and private school. These type of medical intervention mandates take choice from parents, while adding distrust and skepticism to our education system.
Access rather than mandates support vaccination rates without risk of further
impacting the enrollment rates. Mandated vaccinations and removal of
exemptions has been a contributing factor for a concerning decrease in
school enrollment since the 2014-2015 school year. Enrollment rates across
the state have been in decline since the 2014-2015 school year, losing over
300,000 students in less than a decade. Working to improve cancer
prevention without creating additional requirements for school enrollment is
a priority.
- Vaccination Laws currently eliminating exemptions:
  - SB 277 (2015) Eliminated Personal and Religious Belief exemptions to
    immunization.
  - SB 276 (2019) Made the Medical Exemption unattainable for vaccine
    vulnerable families.

California School Enrollment Decline

Enrollment rates across
the state have been in decline since the 2014-2015 school year, losing over
300,000 students in less than a decade.

Cancer prevention should not be a requirement for school enrollment.
A mandate to protect yourself from cancer is not a necessary requirement for
children to participate in school when the HPV Vaccine manufacturer
clearly states this vaccine DOES NOT PREVENT all HPV related cancer
nor provides protection in ALL recipients. AB 659 “Cancer Prevention Act”
directly contradicts the Vaccine manufacturers own fact sheet.
Unlike other required vaccines, the HPV vaccine is the subject of
multiple cases of current litigation for adverse reactions in teen girls.
There have been 59,831 serious adverse events including death, Total number of reports: 73,044. Considering that there is only one HPV vaccine available (Gardasil) and it is under scrutiny in the courts, this is not a good candidate for a statewide mandate.
The law offices of Wisner Baum LLP, who represent hundreds of Gardasil injured girls and boys stated: “Hundreds of young women and men across the United States are filing lawsuits against the manufacturer of Gardasil (Merck) claiming Gardasil caused them to suffer serious life altering side effects, including death. Several cases are pending in various California state courts, and the Judicial Panel on Multidistrict Litigation recently consolidated all federally filed Gardasil cases before one judge in North Carolina.”
No Religious or Personal beliefs exemptions exist in California. If a family has religious reasons to decline the HPV vaccine, there are no current adequate exemptions that would allow them to exercise their first amendment rights and respect their sincerely held religious beliefs.

A Better Solution for Cervical Cancer Prevention:

Amend AB659 to remove sections 3 and 4 school mandate sections, and focus solely on the insurance portion of the Cancer Prevention Act.
Improve the state’s current policies regarding HPV education and access to HPV infection prevention and treatment plan.