New Bill Proposed in Puerto Rico to Change Student Vaccination Law

The vaccination rate in PR has historically fluctuated over 90%, making it one of the jurisdictions with the highest level of vaccination.

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A tripartite bill that is for consideration by the House of Representatives of Puerto Rico as of January 8, 2023 when the seventh and last ordinary session for this four-year period begins.

The proposed measure creates the Student Vaccination Law in order to provide that the student population from 5 to 18 years of age in the public and private educational systems must be vaccinated to prevent diseases. In addition, it establishes exceptions to vaccination, and protections of constitutional rights, parental rights and religious freedom of citizens.

He House Bill 1948which is authored by representatives Sol Y. Higgins Cuadrado and Lydia R. Méndez Silva, and by representative José A. Rivera Segarra of the Popular Democratic Party (PPD), by representative Carlos J. Méndez Núñez for the New Progressive Party ( PNP), and Lisie J. Burgos Muñiz of the Project Dignity Party (PD), in turn repeals the Student Immunization Law.

You can access the project here

As can be seen from the explanatory memorandum, the vaccination rate in the country has historically fluctuated over 90%, with Puerto Rico being one of the jurisdictions with the highest level of vaccination. However, it points out that since Law 25-1983 was created, as amended, known as Law on Compulsory Immunizations for Preschool Children and Students of Puerto Ricowhich has been legislated for 40 years, it has not been tempered with the National Childhood Vaccine Injury Act del 1986also known as the National Vaccine Act.

This federal law created a “no fault” system when dealing with cases of individuals who have suffered adverse reactions or death as a result of vaccination. In addition, it includes the principles of informed consent and requires the disclosure and detailed explanation of these products, their purpose, contraindications and the duty of people and health professionals to report adverse reactions to the “Vaccine Event Reporting System” (VAERS). its acronym in English). Equally, it provides for the duty to guide parents, guardians or those in charge of the rights and processes to be able to claim compensation if a condition exists.

The project also maintains that a sector of the country claims that the current law adversely affects the constitutional rights and fundamental freedoms of families who have school-age children. This, since the law establishes that no student may be admitted or enrolled in a school or Social Treatment Center if they are not duly immunized against those diseases listed by the Secretary. ) of Health through annual publication, and orders that each director must require the student or preschool child, or the father, mother or legal guardian to provide the immunization certificate in order to be accepted.

Likewise, the authors of the measure maintain that the current law did not have a specific process on how to establish the mandatory vaccination protocol that ensures the participation of citizens and various sectors of the country that are affected or that can contribute to the discussion. and analysis.

They also highlight that it was not until June 29, 2023, after 40 years of the current law being in effect, that the Regulations for the Compulsory Immunization of Preschool Children and Students in Puerto Rico, Regulation 9474. They assure that this report also omits a process of citizen participation to study and establish the vaccine protocol and the criteria to eliminate from the protocol those that, although they may be recommended, are not essential or necessary in the school environment, such as “Human Papillomavirus” vaccine whose main route of infection is through sexual contact.

In this context, the bill proposes to repeal Law 25-1983 with the purpose of establishing that it is the father, mother or legal guardian who has the fundamental right to make health decisions for their minor children. . Likewise, it aims to provide informed consent and provide information to people who intend to get vaccinated, about the benefits, possible side effects and adverse effects in the short, medium and long term associated with vaccination, so that parents , mothers and legal guardians can make an informed, educated and consenting decision about the safety of vaccination.

The measure was referred to the House Health Committee.

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