SB 866: Minor Consent to Vaccination
Legislative Action Alert – May 5th, 2022
Authors: Senator Wiener and Senator Pan
Position: Strongly OPPOSE
SB 866 is set to be heard in the Senate Judiciary Committee today, May 5th, 2022.
Quickly pass this alert on to others who might respond and then take the suggested actions below!
Summary of Concern
SB 866 authorizes a minor 12 years of age or older to consent to vaccines that meet FDA (U.S. Food and Drug Administration) approval and meets the recommendations of the ACIP (Advisory Committee on Immunization Practices), without the consent of the parent or guardian. The bill also authorizes a vaccine provider, as defined, to administer a vaccine pursuant to the bill.
SB 866 removes parents as the protector and provider for their children and puts the state in their place instead. Parental choice about which vaccines their minor children will receive is entirely thrown out by this bill. This is an incremental step toward giving minor children autonomy outside of their parents’ protection and making the government the “parent” by overriding parents’ beliefs and choices regarding their children’s medical treatments. This bill erodes a parent’s authority and responsibility over their children’s health and gives the final choice to the child and the state government.
- Information Included in This Action Alert:
- A. Action Items
- B. Opposition Points
- C. Background
- D. Conclusion
A. Action Items
The most critical action items are at the top of this list. Please move down the list and complete as many additional items on the list as you can. Always contact legislators as a parent and citizen. Do not call or write as a homeschooler.
1. Call Immediately on Thursday May 5th, the member of the Senate Judiciary Committee according to the first letter of your last name as indicated in the alphabetized list below. It is usually best to call between 8:00 a.m. and 5:00 p.m.
Tell them: “Please vote no on SB 866. Parents should retain authority over their minor children’s health care decisions.”
Senate Judiciary Committee
Thomas Umberg, Chair
Andreas Borgeas, Vice Chair
Maria Elena Durazo
If the senator’s office tells you that you should call your own representatives instead, let them know that 1) you will call your own representatives, and 2) “Senator ________ is a member of this committee and represents all of California in this hearing.”
2. Be sure to call the Senator who represents your district if they are a member of this committee listed above. Please use this link to find out which Senator is representing your district: http://findyourrep.legislature.ca.gov.
3. Please also consider calling some or all of the rest of the Senate Judiciary Committee members on the list.
- Always contact legislators as a parent and citizen. This bill affects all families with children.
- This is not an exclusively homeschool issue. Do not call or write as a homeschooler.
- Do not disclose the source of this Action Alert. All bills are available on the Internet.
- Pass this on to your friends, church, school, and group.
- Pray for a proper outcome.
B. Opposition Points
- SB 866 allows children to receive a vaccine despite their parents’ desires.
- SB 866 erodes parental authority in general. The idea that minors as young as 12 can consent to receiving medical treatment without their parents’ consent opens the door to all sorts of other violations of the responsibility and protection of parents.
- SB 866 teaches children that they may make health care decisions without their parents’ input or consent.
- SB 866 takes advantage of impressionable, minor children by reclassifying children as young as 12 years old as having authority to make medical decisions in the area of vaccination.
- SB 866 erodes the traditional and God-given rights and responsibilities of parents to make voluntary decisions in the best interest of their children in all medical care decisions. The bill throws out parental oversight and protection over their minor children who have individual medical needs.
- SB 866 undermines the God-given responsibility of parents by replacing the parent with the state as the medical authority in a child’s life.
- SB 866 is harmful for children because it removes and prevents their God-given protectors, their parents, from deciding which vaccines they will receive.
- SB 866 is a further overstep of the government’s role in the family’s sphere of authority. See more on this topic here.
- SB 866 legally removes parental authority regarding vaccination decisions for their minor children.
- SB 866 is a violation of personal conscience liberties of both parent and child. By isolating a child from their parents when it comes to choices about vaccination, the conscience of parents based on either personal or religious beliefs is violated. Children are under the care and protection of their parents until they reach adulthood, and therefore should not be caused by the state to violate the personal conscience liberties of their parents.
- SB 866 is a violation of religious freedom, putting the will of the state over the sincerely held religious beliefs of the parents if there is disagreement between the two.
- SB 866 is an opened-ended list of vaccines available to a child, and allows for a child to receive any vaccine created in the future that “meets the recommendations of the Advisory Committee on Immunization Practices (ACIP) of the federal Centers for Disease Control and Prevention (ACIP).”
- SB 866 completely disregards a parent’s own convictions about any and all vaccines and instead leaves the decision up the child, who are often too young to understand the risks or benefits of a particular vaccine.
- SB 866 gives children, who may not be aware of their allergies, the ability to take a vaccine that contain ingredients that may induce an allergic reaction, which can sometimes be fatal if not addressed.
- No protections or safeguards are given in the event that a child chooses to receive a vaccine and is subsequently injured by the vaccine.
- SB 866 could create very expensive vaccine injuries for the poor. In the case of a child’s vaccine injury, there is no legal recourse or compensation provided by SB 866.
- If a child a vaccine injury, the parents may not be aware of what their children is reacting to since the vaccine may have been given without their knowledge or consent.
- SB 866 allows children to receive a COVID-19 vaccine that has not followed the normal routes of vaccine approval.
- This bill allows minors to access a vaccine that has no long-term studies for the age group specified (12-17 years old).
- SB 866 sets a dangerous precedent and is an incremental step in allowing minor children to choose their own medical treatments, without their parents’ knowledge or consent.
- A similar law like this has already been struck down by a federal court in Washington, D.C. Newsweek reported that “A federal judge has blocked Washington, D.C., from enforcing a law that would have allowed minors to be vaccinated without the notification and consent of their parents.”
- SB 866 is a law that legislates out of emergency through crisis or sensationalism rather than from logic, reason, and the God-given authority structure of the family and civil government. See more on this topic here.
Under this bill, children aged 12 and older may consent to receiving any vaccine meeting the bill’s requirement regardless of their parents’ wishes.
The main concern is not over effectiveness or safety of any particular vaccine but is primarily about protecting children from being separated by law from their parents’ authority and protection.
You cannot sue a vaccine manufacturer for vaccine injuries. Pharmaceutical companies have blanket immunity granted by the federal government. The federal government created the National Vaccine Injury Compensation Program (VICP) in the 1980s to “provide financial compensation to individuals who file a petition and are found to have been injured by a VICP-covered vaccine.” You may be compensated up to $250,000 through the VICP. From 1989 to September 1, 2021, the VICP has paid out, or “awarded,” $4.2 billion in vaccine injury and vaccine death cases, for a total of $4.6 billion including attorney fees for both awarded and dismissed cases.
The Countermeasures Injury Compensation Program (CICP) is available to those who claim a COVID-19 vaccine injury. However, proving a vaccine injury is not the easiest. The CICP has compensated less than 6% of the claims filed in the last decade.
In 2011, the U.S. Supreme Court ruled that vaccines are “unavoidably unsafe.” According to a report submitted to the U.S. Department of Health and Human Services, “adverse events from drugs and vaccines are common, but underreported…. fewer than 1% of vaccine adverse events are reported.”
For more information about COVID-19 Vaccines, please see our “Research Summaries of COVID-19 Vaccines & COVID-19 Illness in Children and Adults.”
SB 866 is a turning point when it comes to parental rights and authority over their children given by God. This bill would remove parents from the situation concerning their child receiving the COVID-19 vaccine and any other vaccine meeting the bill’s requirements. In fact, parents are clearly mentioned once in the bill, but only to remove their consent in their children’s vaccination decisions.
The risks and benefits of any and all vaccinations that may alter a child’s health should be the responsibility of the parents and not the state nor the child. Parents must be aware that this bill removes parents as the protector and provider for their children and puts the state in their place instead.
For more information and resources, please refer to A Voice for Choice.
 “National Vaccine Injury Compensation Program,” Official web site of the U.S. Health Resources & Services Administration (HRSA, May 2, 2022), https://www.hrsa.gov/vaccine-compensation/index.html.
 “What You Need to Know About the National Vaccine Injury Compensation Program,” Health Resources & Services Administration (U.S. Department of Health and Human Services, August 1, 2021), accessed August 12, 2021, https://www.hrsa.gov/sites/default/files/vaccinecompensation/resources/84521booklet.pdf, page 13.
 “National Vaccine Injury Compensation Program Monthly Statistics Report,” Health Resources & Services Administration (U.S. Department of Health and Human Services, August 1, 2021), accessed September 9, 2021, https://www.hrsa.gov/sites/default/files/hrsa/vaccine-compensation/data/data-statistics-report.pdf, page 9.
 MacKenzie Sigalos, “You Can’t Sue Pfizer or Moderna If You Have Severe Covid Vaccine Side Effects. the Government Likely Won’t Compensate You for Damages Either,” CNBC (CNBC, December 23, 2020), https://www.cnbc.com/2020/12/16/covid-vaccine-side-effects-compensation-lawsuit.html.
 Bruesewitz v. Wyeth LLC, 131 S. Ct. 1068, 179 L.Ed.2d 1 (2011).
 Ross Lazarus MBBS. “Electronic Support for Public Health–Vaccine Adverse Event Reporting System,” Harvard Pilgrim Health Care, Inc (2010), accessed August 13, 2021, https://digital.ahrq.gov/sites/default/files/docs/publication/r18hs017045-lazarus-final-report-2011.pdf, pg. 6.