Colorado’s heated vaccine debate picked up where it left off last year at the statehouse Wednesday as impassioned parents, medical providers and even kids testified on both sides of a bill which would regulate exemptions for schoolchildren.

Senate Bill 163 would standardize the exemption form, which supporters say would allow them to better collect and analyze data about why parents choose not to vaccinate their kids.

The third floor of the state Capitol was buzzing throughout the day as each of 317 people waited for three minutes to address the Senate Health and Human Services Committee.

After 15 1/2 hours of testimony, the committee voted 3-2 to send the bill to the Senate Appropriations Committee, the next step in what recent history suggests will be a march of long hearings and raised passions by the time the bill reaches the governor’s desk before the session ends on May 6.

Opponents substantially outnumbered those in favor at the first hearing.

A similar bill last year died on the calendar after Democratic Gov. Jared Polis and a vocal contingent of parents opposed it. This year, however, Polis is supporting the legislation, saying “it strikes the right balance” between protecting parental rights and public health.

The legislation has received support from medical experts and various parent groups. Last week the Colorado Chamber of Commerce announced its endorsement, saying that “increasing Colorado’s inadequate childhood immunization rate will lower costs and improve public health across the board.”

The bill, if passed, would require parents who want to claim religious or personal belief exemptions for their children to either provide a certificate for the exemption signed by a licensed physician or hand over a certificate of completion of an online course about vaccines.

Opponents argued that well-educated, thoughtful parents don’t need to take a state-prepared course.

“I find it appalling that they want to ‘re-educate’ me,” said Melissa Atchley of Douglas County, who has a 10-year-old son. “I have 1,000-plus hours of education. I have bookshelves full of books on vaccines, printouts of hundreds of articles. I’ve gone to conferences almost every year.”

Atchley says her son has had terrible reactions from vaccines, but doctors are too afraid to sign a medical exemption form.

Very personal issue

Wednesday’s testimony was at times emotional from parents on both sides, many of whom brought their small children who splayed out with toys on the Capitol floors and others who had to leave early to pick up their kids at school.

Opponents criticized the measure as “outright bullying and discrimination” against children who are not fully vaccinated. “This is not about public health,” said Jamie Lynn. “This is about relegating our children to second-class status.”

Other opponents to SB 163 were concerned about divulging personal information on the exemption form. To Michael Kanavan, the bill seems unconstitutional because “it seeks to remove the ability to make personal decisions for individuals and their families.”

Kanavan, who exempts his child for religious beliefs, said he was never immunized and has never spent a day in the hospital.

But supporters said this is a matter of public health and safety.

“Colorado has the lowest rate of kindergartners vaccinated in the country, and that is not a statistic to be proud of,” testified Elizabeth Fashing with Parents For Vaccinated Communities. The mother of two small children, one of whom has leukemia, said, “All parents have to do for an exemption is write their names on a Post-It note.”

“This is not a personal choice, it is a public health issue” said Emily Adams, whose two children, ages 7 and 12, go to Jefferson County Schools. “Please do not wait until our children are dying.”

Community immunity

For sponsor Julie Gonzales, D-Denver, the issue is personal. In her opening remarks, she explained that in one school in her district, only 34% of the children are vaccinated against measles, mumps and rubella. “This means that 65% of them are not protected against MMR. This is a public health emergency.”

Public health officials testified that their target for vaccination in Colorado schools is a 95% threshold, for what’s called “herd immunity.”

According to the Colorado Department of Public Health and Environment and the Centers for Disease Control and Prevention, Colorado’s kindergarten MMR vaccination rate is the lowest in the United States, at 88.4% in compliance for the 2018-2019 school year.

Sponsors of the bill and public health officials blame that low number partially on parents who have made the choice not to vaccinate their children.

“Vaccines are safe and effective. Period,” said Kevin Priola, R-Brighton, who describes himself as a fiscal conservative and pro-life Catholic.

Before testimony started Wednesday morning, there was some musical chairs among lawmakers who usually sit on the Health and Human Services Committee, with Paul Lundeen, R-Manitou Springs, replacing Larry Crowder, R-Alamosa.

Lundeen was vocal early on, questioning privacy issues associated with the bill’s use of a medical tracking database. “Seems you’re looking for something that’s not relevant. You’re intruding into people’s lives,” he said.

But Jill Hunsaker Ryan, the executive director of the Colorado Department for Health and Human Services, testified that the database is confidential and would only be used if there were a disease outbreak to pinpoint which areas of the state have lower immunization rates.

“It means more effective and meaningful intervention,” Hunsaker Ryan explained. 

Exemptions remain

The measure doesn’t change existing exemption. In Colorado, people can opt-out for medical or non-medical reasons, such as a personal or religious belief. Right now parents turn in a form to a child’s school or daycare provider.

Recent polling data indicates that 73% of Coloradans support requiring parents who are opting their children out of vaccines to get a form signed by a doctor before sending their kids to school.

“To get an exemption in other states, you have to jump hoops,” said Dr. Sean O’Leary, a pediatric disease specialist with Children’s Hospital Colorado. “Currently we have the easiest process to get exempt. All a parent has to do is sign the form.”

Homeschoolers are exempt from the bill; however, several home-schooling parents testified that they are not off the hook since they often use traditional schools to supplement their children’s education.

Besides Priola and Gonzales, the bill is sponsored by Rep. Kyle Mullica, D-Northglenn, the only lawmaker who is a nurse.