Hanging By a Thread

New Beginnings: State Laws Taking Effect January 1, 2012

Happy New Year

January 1^st....the start of a new year, a day a big sales at retail giants, the first day of a new diet for many and the day a number of new state laws take effect. January is definitely the month of new beginnings and that rings true for many laws too.

While I haven't surveyed every state, I did take a look at some of the new state laws from around the country. I have highlighted the new laws {or absence of pertinent new laws} that have just taken effect that concern parents, kids and/or families.

While you may think this is unimportant information, take a look; there may be a few that concern you and your family. With almost 40,000 new laws going into effect on January 1, 2012, there must be something that affects you or someone you know.

A Few New State Laws

Minnesota

No news laws that pertain to families. {Let it be noted that it was quite an argumentative year in MN.}

Texas

College students attending school in Texas to get a meningitis vaccine. This law is applicable to all state universities, community colleges and junior colleges. TX is the first state mandate this. The students must have had this vaccine within the last 5 years.

Texas homeowners will be protected from aggressive homeowner associations that try to foreclose on homes based on late dues, fees and fines.

New York

Hookahs, water pipes, and shisha (a product made of primarily tobacco and smoked) shall not be sold to minors.

A new law will strengthen DEC's authority to ban products that contain mercury.

Middle class tax cuts will reduce tax rates on middle to their lowest levels in more than 50 years About 4.4 million middle class taxpayers will receive a total of  $690 million in personal income tax relief.

California

Open carrying of guns is banned;

Children under 8 and those who are too small to wear regular seat belts must use a child safety seat or booster seat.

Florida

The federal government will no longer have a hand in control the Florida school meal programs This will allow the state of Florida to use more Florida-grown fresh fruit and vegetables on school menus.

Illinois

Hotels are now required to be equipped with at least one smoke detector within 15 feet of every room that is used for sleeping purposes. (HB 1398/ PA-97-0447)

Allows local school boards to, if federal grants are available, opt in to a full-year pilot plan if a school is on academic watch status for more than 2 years. Schools that opt in must increase their school calendar by 35 days, and requires students attend a minimum of 215 days. This pilot program affects only schools in Sen. James Meeks' district.

Requires criminal background information on an employee that has been obtained by a school district within the last year to be shared, upon request, with any other school district.

Changes legislation to reflect the current criminal penalty for making a false report of child abuse to DCFS, and updates the required posted warning to reflect that a false report is a Class 4 felony violation.

Allows people in divorce situations to use life insurance as a security for child support and maintenance obligations.

Requires all employees of licensed child care facilities who care for newborns and infants to complete training every 3 years on sudden unexpected infant death (SUID), sudden infant death syndrome (SIDS) and on the safe sleep recommendations of the American Academy of Pediatrics.

Requires adult passengers in the back seat of a vehicle to wear a seat belt, and also requires those 18 and younger riding in a taxi cab for school-related purposes to wear a seat belt.

Colorado

Coaches must not allow players as young as 11 to continue playing a sport if a head injury is suspected. In order to return to play, the athletics will be required to have medical clearance. Furthermore, coaches in public and private schools and even volunteer coaches of Little League and Pop Warner football are required to take a free annual online training to learn the symptoms to recognize a concussion.

Delaware

Same-sex couples can now enter into a civil union or domestic partnerships, which give them the same state rights and obligations of those who are married.

The Scoop

Does your state have any new laws worth checking out? I'll be touching base regarding distracted driving issues in this New Year on Wednesday and Thursday of this week. Over and out...

Anna

When Insurance Fails: Resources for Free Vaccines

Insuring Nothing

If you have always had good insurance, it may have never crossed your mind about whether you could afford to take your child to the doctor when sick, go to well-check visits or get your child immunized. You just do it. That is how we were until January of this year when our insurance changed to a Health Savings Account. Then, we started monitoring when we should take the boys or ourselves to the doctor; how sick was sick enough to spend the money to go to the doctor.

One pediatrician visit for one of my Darling Boys this winter cost us over $250 just to determine he had strep throat. Then, in April, we had to go it alone and find our own insurance, which surprisingly enough, we found good insurance for a reasonable amount.

However, the truth is that with the economy going south and jobs being slashed more and more people do not have insurance or have insurance that barely covers anything. So, what would you do if you couldn't afford to have your child immunized and insurance didn't cover the costs?

Vaccines for Children

Have no fear; there is a federally-funded program that is administered through the states called, Vaccines for Children (VFC) that provides vaccines free of charge for children up to 18 years old to those who meet the eligibility requirements. In general, kids are eligible if they have no insurance, qualify for Medicaid, are underinsured or are American Indian or Alaska Native.

Vaccines for Children came about after a measles outbreak in the U.S. that began in 1989 and lasted until 1991, sickening thousands of people and killing hundreds. In response, as a part of the Omnibus Budget Reconciliation Act (OBRA) in 1993, Congress created Vaccines for Kids. Talk to your pediatrician about this program or check for your state's VFC site, or check your state's immunization site for more information.

The Scoop

You can get your child immunized regardless of your financial situation. It just takes a little research and documentation. Don't let the mighty dollar stand in your way of maintaining a healthy child. Over and out...

Anna

You might also like:

Getting Stuck for a Sticker: Reasons to get Vaccines

To Vaccinate or Not: The Legal Requirements

What's Your SPF? The Dangers of Sunscreen

Getting Stuck for a Sticker: Reasons to Get Vaccines

Advancing in Age

I'm in an odd state of excitement and denial. I can't believe I have a child about to go to Kindergarten. I'm thrilled for him because he is so excited about the prospect of entering school, but I'm a little scared of starting the whole school cycle. I'm not looking forward to school bullies or being restricted by school year schedules or parent teacher conferences (I always hated those when I was the student too. I always imagined the worst), etc, but I am looking forward to Darling 1 meeting friends and learning new and exciting things through hands-on experiments at his charter school.

I keep looking at my "baby" and wondering where my "little peanut" went. He is so big, tall and mature, yet still so young and vulnerable too. I recently called to make Darling 1's 5 Year-Old Well Check appointment with his pediatrician. Darling 1 was standing there when I made the appointment over the phone. When I got off the phone, he said, "But that means I'll have to get a shot, and I don't like shots!"

Reasons to Get Stuck

This is true. He doesn't like a shot, but who does? And yet, we all endure the quick jab, the immediate temporary pain and eventual muscle pain that dissipates within a few days all for the sake of keeping illnesses at bay. I explained all this to him, and then promised him a fruit smoothie from Jamba Juice after the appointment.

Here are the top ten reasons to get vaccines, as an adult or a child:

1. You will feel good about doing your part to stop the spread of potentially deadly illnesses;
2. You don't have to worry about getting lockjaw (Tetanus) when you step on a rusty nail or get bitten by a cat (cats carry Tetanus in their intestines); which can happen at any age;
3. The flu is NOT fun; and it could be deadly for a person of any age;
4. It's the law if you intend to send your child to school or daycare;
5. You and your family can travel to other countries without worrying about contracting diseases that may not be so rare there;
6. You can milk the muscle pain side effect and get out of getting up with the baby or changing a diaper or dealing with a temper tantrum (at least for one day and night);
7. You won't be up nights worrying that your child might somehow contract polio;
8. Your child won't have unsightly chickenpox scars (of course, I'm kind of partial to mine);
9. You won't use up all of your sick leave/vacation time (or your spouse's) on festering, puking, whining, miserable kids; maybe you can actually take an illness-free vacation; and
10. You get a cool sticker (at least if you get a shot at a pediatrician's office).

Thinking of Myself (or Not)

I have been careful to ensure the Darlings have gotten their vaccines at the recommended times, including their yearly flu vaccines. I am not always so vigilant about my own health though. I meant to get a flu vaccine this past fall, but kept putting it off due to inconvenient timing and busy schedules. Time passed, and I put it out of my mind entirely; that is, until I came down with fever and chills and aches. Then, it dawned on me; I had the flu; I was the only person in my household who had not gotten a flu shot; and I was the only person in my household who got sick at all. I was miserable.

The Scoop

Many readers commented here, on Facebook and on Twitter about spacing out the vaccines better with child number 2 after their first child got so many early on. I have had the same experience with Darling 1 and Darling 2, but I also switched pediatricians when Darling 2 was a wee one. So, I wasn't sure if it was the difference between the two pediatricians or the current trend. Clearly, I was not alone in this. I do think it's better to space them out better, rather than to clump 4 or 5 in at one time.

My pediatrician looks at the options and weighs the necessity, age of my child and spacing of other doses when deciding on which ones, if any, should be given at a particular time. Do make sure to bring up any questions or concerns you have about the number or spacing of vaccines with your child's pediatrician. Never simply assume the doctor knows best. My opinion is that a parent's gut instinct counts for more than education and training; ask the questions and do the research. This is your child you're talking about.

So, suck it up and get it done. I know I won't be missing out on a flu shot again this year! Over and out...

Anna

To Vaccinate or Not: The Legal Requirements

Brother's Keeper

At the Minnesota Zoo play area last week, I overheard Darling 1 tell a boy much older than himself, "I don't think that's very safe," when he noticed the boy scaling the rocky side of the play area {I had been thinking the same thing}. Then, in the Aquarium wing of the Zoo, Darling 2 nearly tackled his brother when Darling 1 started to stick his hand in the tank to pet the sting rays and small sharks, something that is allowed in that tank. Darling 2 grabbed Darling 1, pulling him back, saying, "No, Brother," thinking he was about to topple into the tank with the sharks.

My Boys certainly take risks and don't always think before they act, but they're always on the lookout for safety issues. I always breathe a sigh of relief when I see them looking out for themselves, each other and total strangers; just maybe the teen years won't be overly risky; or maybe I'm just dreaming, but it's still soothing to see.

To Protect Always

I want more than anything to protect my kids from any and all harm; well, as much as possible, that is. We make choices based on this credo in order to protect them from mental and physical pain, injury, illness, poisoning, etc. and to preserve their health for the future. For the most part, these matters do not concern or affect others.

One decision that does indirectly affect many others is the decision to vaccinate our Boys. Since becoming a parent in 2006, there have been conversations with other parents, stories in the news, articles in scholarly journals and discussions with the pediatrician about whether to vaccinate or not. There have been reports falling on both sides of the issue. Back in 2006 when I became a mom, some studies still claimed there was a link between vaccines and autism.

As a new parent, I skimmed the articles, listened to other's point of view and then had my Boys vaccinated. To me, the threat of my Boys acquiring these dreaded illnesses and perhaps dying is much scarier than autism or a reaction, etc. It was a risk I was willing to take in order to avert the risks of potentially deadly illnesses.

Generations Past

My own parents and DH's parents also made the decision to have their children vaccinated. Our parents are older enough to remember having some of the now preventable illnesses themselves or seeing others suffer from them.

Viral outbreaks and epidemics are not something we want to be the norm again. And yet, in the past several years, the flu, measles and whooping cough have been spreading and many warnings have been issued. Just this spring, the Boys' preschool sent home a warning about a recent uptick in measles being reported in the county.

Required by Law

If people are vaccinated against as many communicable diseases as possible, fewer deadly pandemics will occur, as has been the case until recent years. The states do mandate that children in schools and daycare are vaccinated with a few exceptions. These laws are in place to control the spread of disease.

While it's recommended that the required vaccines be administered, there are religious, philosophical, medical and proof of immunity exemptions. Each state varies with the exact requirements, but in general the following vaccines are required by law for children:

• Diphtheria;
• Polio;
• Measles;
• Mumps;
• Pertussis;
• Haemophilius influenza type b;
• Hepatitis B;
• Rubella; and
• Tetanus

Minnesota also requires vaccines for Varicella (chickenpox) and recommends Hepatitis A, Influenza, Meningococcal and Human papillomavirus (for girls). Each state may require varying doses, require more vaccines or fewer vaccines or make other recommendations. For a link to your state's immunization website, go to the Immunization Action Coalition page and click on your state.

Exemptions

As mentioned, there are a few reasons the states will allow children to be exempt from the required vaccines. And while I personally think that getting vaccinated is the way to go, I also think that if you have a reason and feel strongly about your child not getting a particular vaccine or any required or recommended vaccines, then you should stand up and advocate for your child.

Once again, the exact requirements and documentation for each state varies, but here are the reasons allowed for exemptions from vaccines:

• Medical

  All states offer a medical exemption for children who have allergic reactions to ingredients in vaccines; who have compromised immune systems; or who have severe illnesses which could be exacerbated by and the vaccine. To use a medical exemption, a medical doctor must sign a statement advising of the medical reason why a vaccine should not be administered to a particular child.

   

• Philosophical

  Only 18 states allow for vaccination exemptions based on philosophical or personal beliefs. Most of these states require a person using this exemption to object to all of the required vaccines, not just one particular vaccine. You must be prepared to explain your objection and prove that it's a tenet you hold fast to.

   

• Religious

  This is a serious exemption, not to be used lightly. All states except Mississippi and West Virginia allow for a religious exemption. According to the National Vaccine Information Center (NVIC), "The religious exemption is intended for people who hold a sincere religious belief opposing vaccination to the extent that if the state forced vaccination, it would be an infringement on their right to exercise their religious beliefs."

   

  Some states define religion loosely, allowing for personally held beliefs to fall into this category, but other states allow only members of The First Church of Christ, Christian Science, or other legitimate religion denomination to use this exemption.

   

  If a state challenges a request for exemption, you may end up in court defending your choice to claim religious exemption. States have a legitimate compelling interest; that is, to prevent the spread of illness. However, this exemption is protected under the First Amendment right to exercise your religion so long as your religious beliefs don't harm others.

   

  It could be argued that the spread of disease from lack of vaccines does put others at risk. This is not to say that it can't be successfully challenged based on religious beliefs; it has been and can be.

   

• Proof of Immunity

  This exemption is allowed by states for vaccines for particular illnesses if it can be proven that your child has had the illness already or has been vaccinated previously. For instance, if your child has already had chickenpox there is no need to get the Varicella vaccines required in many states because once you have had chickenpox you can't have it again.

   

  You may have to have a private medical lab take blood and check the level of antibodies present for the particular illness you are requesting the vaccine exemption.

The Scoop

Later this week, I will discuss the now-debunked studies regarding the link between vaccines and autism and examine the reasons why parents opt not to get vaccines based on one of the above exemptions. I will also provide resources for getting free or reduced cost vaccines for your family, and the federal law requirements for keeping you informed regarding the vaccines give to your child.

Where do you stand on this issue? Over and out...

Anna