Samples of parental statements refusing vaccinations, bioassays, etc.

The implementation of the patient's rights and responsibilities during immunoprophylaxis is often ensured with significant defects and most often because parents and medical workers do not understand the real meaning of the legislation in this area.

The rights and responsibilities of the parents of a small patient during immunization are set out in Article 5 of the Law on Immunoprophylaxis.

A major role in the immunization procedure is that doctors obtain the voluntary informed consent of the child’s parents. This moment is the starting point for all rights and responsibilities. Thus, a parent, signing consent in the prescribed form, simultaneously claims that he has been informed by the doctor about the need for preventive vaccination, the consequences of refusal, complications, etc. There are, however, two qualities of information that doctors are required to provide - completeness and objectivity.

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I, _________ (full name), as the legal representative of my young child _________ (full name), ________________ year of birth, DECLARE that I refuse to vaccinate my child against ________________ (fill in as necessary: ​​tuberculosis, hepatitis B, diphtheria, tetanus, whooping cough, polio, measles, rubella, mumps, influenza, etc.) based on:

1. Federal Law “On the fundamentals of protecting the health of citizens of the Russian Federation” dated November 21, 2011 N 323-FZ:

Article 20. Informed voluntary consent to medical intervention and refusal of medical intervention.

1) A necessary precondition for medical intervention is the giving of informed voluntary consent of a citizen or his legal representative to medical intervention on the basis of complete information provided by a medical worker in an accessible form about the goals, methods of providing medical care, the risks associated with them, possible options for medical intervention, about its consequences, as well as the expected results of medical care.

3) A citizen, one of the parents or other legal representative of the person specified in part 2 of this article has the right to refuse medical intervention or demand its termination, except for the cases provided for in part 9 of this article. The legal representative of a person recognized as incompetent in accordance with the procedure established by law exercises this right if such person, due to his condition, is unable to refuse medical intervention.”

2. Federal Law “On Immunoprophylaxis of Infectious Diseases” dated September 17, 1998 N 157-FZ :

Article 5. Rights and responsibilities of citizens when carrying out immunoprophylaxis.

1) When carrying out immunoprophylaxis, citizens have the right to:

- refusal of preventive vaccinations

2) Lack of preventive vaccinations entails:

— a ban on citizens traveling to countries where, in accordance with international health regulations or international treaties of the Russian Federation, their stay requires specific preventive vaccinations;

— temporary refusal to admit citizens to educational and health institutions in the event of mass infectious diseases or the threat of epidemics;

— refusal to hire citizens for work or removal of citizens from work, the performance of which is associated with a high risk of contracting infectious diseases.

3) When carrying out immunoprophylaxis, citizens are obliged to:

— follow the instructions of medical workers;

— confirm in writing the refusal of preventive vaccinations.

Article 11. Requirements for preventive vaccinations

2) Preventive vaccinations are carried out in the presence of informed voluntary consent to medical intervention of a citizen, one of the parents or another legal representative of a minor under the age of 15 years or a drug addicted minor under the age of 16 years, the legal representative of a person declared incompetent in the manner established by the legislation of the Russian Federation Federation.

3) Preventive vaccinations are carried out for citizens who do not have medical contraindications.

Article 19. State one-time benefits

1) If a post-vaccination complication occurs, a citizen has the right to receive a state one-time benefit in the amount of 10,000 rubles. The list of post-vaccination complications that entitle citizens to receive state one-time benefits is approved by the Government of the Russian Federation upon the proposal of the federal executive body in the field of healthcare.

2) In the event of the death of a citizen resulting from a post-vaccination complication, members of his family have the right to receive a state one-time benefit in the amount of 30,000 rubles.

I know the LIST of post-vaccination complications approved by Government Resolution No. 885 of August 2, 1999:

1. Anaphylactic shock.

2. Severe generalized allergic reactions (recurrent angioedema - Quincke's edema, Steven-Johnson syndrome, Lyell's syndrome, serum sickness syndrome, etc.).

3. Encephalitis.

4. Vaccine-associated polio.

5. Lesions of the central nervous system with generalized or focal residual manifestations leading to disability: encephalopathy, serous meningitis, neuritis, polyneuritis, as well as clinical manifestations of convulsive syndrome.

6. Generalized infection, osteitis, osteitis, osteomyelitis caused by the BCG vaccine.

7. Chronic arthritis caused by the rubella vaccine.

This DISCLAIMER is a deliberate and balanced decision made on the basis of a detailed and comprehensive study of issues related to vaccination, personal experience and is fully consistent with the norms of current legislation.

_____________ (signature), ______________ (date)

What should an employer do to eliminate the risk of administrative liability?

The employer’s responsibility is not to force the employee to get vaccinated, but to suspend him from work if he is subject to mandatory vaccination.

In case of non-compliance with legal requirements, organizations will first issue an order to eliminate the violations. Then, the employer may be fined under Art. 6.3 of the Code of Administrative Offenses of the Russian Federation in the form of a fine. Possible suspension of activities for up to 90 days.

To avoid liability, an employer must:

• notify employees of the need for vaccination (it is better to do this in writing, according to the list of employees and against signature);
• not create any obstacles to vaccination (provide the opportunity to get vaccinated during working hours);
• if possible, obtain vaccination certificates or other documents from employees;
• obtain from employees who refuse to be vaccinated a written refusal to vaccinate;
• suspend workers who have not been vaccinated from work;
• do not ignore the demands of regional authorities to provide information on the number of vaccinated employees; if the company does not have such people, then you need to submit “zero” data. Not all regions have reporting requirements.

From two to fifteen

The Russian Ministry of Health does not have exact data on how many Russian mothers and fathers refuse to vaccinate their children. The media, citing the Union of Pediatricians of Russia, report 2% of opponents of vaccinations. Infectious disease specialist, vaccinologist and pediatrician Evgeny Timakov told NEWS.ru that from 7% to 15% of children in Russia do not receive all required vaccinations in one volume or another. According to expert estimates, 5% of their parents are “convinced opponents of vaccination.” They believe that these drugs are deadly and only enrich the manufacturers. The doctor classified the rest as “doubting.” They do not understand why vaccines are needed at all and what diseases they protect against. According to Timakov, more than half of anti-vaccination mothers, after talking with a doctor, change their minds and still give drugs to their children.

Approximately 3.5% of women who have given birth refuse vaccinations, Irina Gevorkyan, head physician of Clinical Maternity Hospital No. 6 in Novosibirsk, told NEWS.ru. The most common explanation is that they do not want to “stress” the newborn, they are afraid for his health.

This is such a category of mothers, I call them “highly intelligent.” They usually have higher education and read a lot. They study a lot of contradictory information and conclude that the vaccine is not needed. Simpler women usually listen to doctors.

Irina Gevorkyan

head physician of clinical maternity hospital No. 6 of the city of Novosibirsk

Doctors have named one of the common myths: sudden infant deaths occur due to vaccines. Most often, children die between two and four months, which coincides with vaccination. But researchers have not proven this connection. The claim that vaccinations can cause autism spectrum disorders has also been debunked. The causes of this disease have not yet been identified.

For some, fear of vaccines is passed down from generation to generation. It comes from relatives who vaccinated back in the 50s and 70s of the 20th century. They had many “side effects” - temperature, fever, inflammation. According to Timakov, in those days complications from vaccines actually occurred frequently. They were produced on old platforms and were poorly cleaned. Now technology has stepped far forward.

Sergey Bulkin/NEWS.ru

It is impossible without examination

There are pathologies for which vaccinations really cannot be done. These include pyelonephritis in young children. He may hardly manifest himself, Timakov said. A vaccine can completely knock down a child’s immunity, and the process of kidney inflammation can become chronic. Also, children with anemia, agranulocytosis, and intracranial hydrocephalus should not be vaccinated. Therefore, it is important not to “prick” your child thoughtlessly, but to carefully examine him and take all the tests. This does not happen in most cases in Russian clinics.

Especially in the regions, this often happens when a plan is handed down from above - a certain percentage of the population is supposed to be vaccinated and that’s it. The conveyor belt is running and vaccines are being given to everyone indiscriminately. Most acute reactions occur due to the fact that the child has a hidden inflammatory process.

Evgeniy Timakov

infectious disease doctor, vaccinologist and pediatrician

A vaccination given to a healthy child at the right time will bring him nothing but benefit, reports Dr. Timakov. For example, thanks to BCG (tuberculosis vaccine), “cross-immune reactions” occur in the baby and T-cell immunity is formed. Children are then less susceptible to “further allergic reactions and infections.” The doctor added that any reaction to a vaccine can be safely multiplied by one hundred in order to assess what is happening to the child’s body during a real illness.

All the evidence that anti-vaxxers provide is made up. Taken from the context of some scientific research that was conducted many decades ago on old vaccines and old platforms. Some specific thoughts are linked from the context ,” Timakov said.

For example, one of the main fears of anti-vaxxers is the presence of formaldehyde in vaccines. The doctor points out that this substance is dangerous only in large doses, and harmless in small doses. In addition, the organic compound is released by the body itself; there is a lot of it in the intestines.

Supporters of refusal of vaccinations report that their children grow up healthy and do not encounter dangerous diseases. Timakov explains this by the presence of collective immunity among the majority of Russians. It was achieved precisely with the help of mass vaccination in previous decades. Most people are protected from tuberculosis and diphtheria by vaccinations, so they are not a source of infection for others. If more and more people refuse vaccines, then mass protection will fail. Humanity will return to the realities of the First World War.

Just 100 years ago, six to eight children were born, but only two or three survived. The rest simply died from diphtheria and tetanus. Epidemics wiped out entire villages. “This could all come back ,” the doctor said.

Additional recommendations for registering a refusal

It is not enough to simply fill out an application form. It must be accompanied by documents confirming that the child is healthy.

The following specialists' opinions will be needed:

• Laura;
• ophthalmologist;
• orthopedist;
• surgeon;
• neurologist;
• dentist;
• pediatrician;
• phthisiatrician.

Additionally, you can operate with the data of the analyzes performed:

• donating blood;
• absence of helminths;
• urine analysis;
• absence of enterobiasis.

It is also recommended to write that in case of refusal the decision must be justified in writing. The letter will be sent to the Ministry of Health and the prosecutor's office for further proceedings.

Reasons for refusing immunization

To obtain permission not to vaccinate, you need to submit an application to the relevant authorities. This document must describe the grounds for refusal.

The cause may be one of the following conditions (diseases):

• epilepsy;
• hydrocephalus;
• congenital immunodeficiency;
• chronic pathologies in the acute stage;
• AIDS;
• pregnancy;
• viral disease;
• cancer.

In some cases, it is possible to completely refuse vaccination, in others, the procedure is postponed for a while (until recovery, relief of the condition).

A waiver may be provided by:

• adults and capable citizens;
• guardians for persons with disabilities;
• parents of children under 16 years of age.

Sample application

In order to correctly refuse a tuberculin test, it is extremely important to fill out the application correctly. Last name, first name, patronymic, year of birth, place of residence are written in full without abbreviations.

If parents are given a completed refusal form, they should read it carefully. A separate line should indicate the reason for the negative attitude towards the procedure.

If a sample application has not been issued, it is written in any form. The legal grounds for making such a decision and the condition of the child are indicated.

It is necessary to write that there are no symptoms of tuberculosis:

• temperature;
• cough;
• general malaise;
• loss of appetite;
• excessive sweating;
• rapid loss of body weight;
• uncharacteristic pallor of the skin;
• enlarged lymph nodes.

The final item on the form is a signature with a transcript and the date the document was written.

I almost lost my daughter due to whooping cough - the story of Olesya Grinko from Anapa

At the beginning of April this year, my son, aged nine and a half, began to cough, but the illness quickly passed. It “spread” to my nine-month-old daughter. The baby began to have a severe cough. We went to an appointment and were prescribed medications “Flemoxin”, inhalations, “Lazolvan”. Nothing helped. At night she slept only lying on my chest. At the same time, she gave up milk. On May 23, the baby coughed and lost consciousness. I brought her to her senses, and my husband and I ran and took our daughter to the hospital.

We were examined there and left to spend the night, they took tests and looked at what was what. The daughter’s condition did not change, she was still coughing profusely, her skin was turning burgundy, her eyes were watering, and her nose was running. One doctor, passing by our room, said that the girl probably had whooping cough. Despite all this, they didn’t take any tests from her, they didn’t even do an X-ray. It was some kind of horror.

A week passed, nothing moved forward. The manager advised me to take the test for a fee. He showed the presence of antibodies to whooping cough. However, the diagnosis was never officially made at the hospital. That year many people suffered from whooping cough.

If everyone was officially diagnosed with it, they would have to introduce quarantine and clean the clinic. Keep all sick people in the box. Nobody wanted this. Spoil the statistics, attract the attention of the federal authorities.

My daughter coughed for exactly two months, then everything began to go away. At home they did inhalations with Pulmicort for ten days. Then they drank Bromhexine. The baby has recovered. Doctors later told me that her body was quite strong. Every hundredth child dies from this infection. I am not anti-vaxxer. I gave my son DTP (adsorbed pertussis-diphtheria-tetanus vaccine), so I think he suffered from a mild form of the disease. My daughter just didn’t have time. Either the urine was bad or there was blood. While they were being treated, they became infected. It was a fatal accident. My daughter was saved, but my dad, born in 1961, was not. He became infected and started having serious heart problems. Buried.

Sergey Lantyukhov/NEWS.ru

Refusal in kindergarten

A nurse in a kindergarten does not have the right to administer vaccinations or conduct a tuberculin test for a child without the consent of the parents. Such actions are illegal. Parents are required to give written consent to the administration of tuberculin or refuse the procedure.

To prevent a child from undergoing tuberculin diagnostics in kindergarten, parents need to write a written refusal in two copies addressed to the head of the institution.

It is worth noting that this is often not enough.

The nurse may insist that the procedure be performed. There may be threats to expel the child from kindergarten. Parents will have to defend their rights by thoroughly studying the legislative framework.

How to competently refuse vaccination legally

As practice shows, it is not difficult to refuse vaccination. But you need to do everything correctly, know where to turn.

First, they write an application addressed to the head of the medical institution where vaccination is carried out (the head physician of the hospital, clinic or maternity hospital). The form can be obtained from the medical staff.

But sometimes nurses do not comply with the meeting and refuse to issue the document. Then you can submit an application yourself.

The document must be drawn up correctly, otherwise they will not consider it.

The form requires three signatures:

• parent;
• pediatrician;
• immunologist.

To do this, you will have to make an appointment with doctors and undergo a medical examination. Before visiting the doctor, you should collect documents that confirm that you cannot get vaccinated (a health certificate, a card that contains information that complications have developed after a previous vaccination). You also need two seals: the pediatrician's and the head physician's. The form is filled out and signed in several copies: one is submitted to a kindergarten or school, the second remains at the clinic, the third is taken home.

If it is not possible to obtain permission not to vaccinate, then they write a complaint addressed to the head physician or the head of the medical institution. If these measures do not bring a positive result, then a lawsuit is filed.