Perry's Vaccine Order Draws Criticism From Lawmakers

Feb 06, 08:56 AM

Current Headlines: By John Moritz, Fort Worth Star-Telegram, Texas

Feb. 6--AUSTIN -- State Sen. Jane Nelson, a Lewisville Republican who heads the Senate's committee on health policy, urged Gov. Rick Perry on Monday to rescind his three-day-old order requiring girls entering sixth grade to be vaccinated against a sexually transmitted disease that causes cervical cancer.

"This is a decision that should not be made by one person; it should be made by the Legislature," Nelson said at a Capitol news conference in response to Perry's decision to mandate the vaccines for 11- and 12-year-old girls in time for the 2008-09 school year. "We have time to fully discuss this issue, investigate all of the potential benefits, drawbacks and costs associated with this issue."

The order, made public in a news release late Friday, was met with criticism from conservative organizations and some Republican lawmakers who have suggested that the Republican governor is taking away the prerogative of Texas parents and perhaps allowing his decisions to be influenced by the lobbying efforts of Merck & Co., the sole manufacturer of the vaccine to prevent the spread of the human papillomavirus.

"What kind of deal was made?" said state Rep. Jim Keffer, R-Eastland, who joined Nelson at the news conference.

Aides to the governor dismissed as "absurd" any suggestion that the move was influenced by outside forces or by the fact that Perry's former chief of staff, Mike Toomey, is a Merck lobbyist. In a statement, Perry said he stood behind his decision because the vaccine will protect women's health.

Perry also rejected suggestions that mandating the vaccine would encourage teenage girls to have sex.

"The HPV vaccine does not promote sex, it protects women's health," Perry said in his written statement. "In the past, young women who have abstained from sex until marriage have contracted HPV from their husbands and faced the difficult task of defeating cervical cancer. This vaccine prevents that from happening."

Lt. Gov. David Dewhurst, a Republican who presides over the Texas Senate, also suggested that Perry acted with haste in not consulting with lawmakers, many of whom will offer bills during the current legislative session that will address whether to mandate the vaccine.

"While the HPV vaccine can play a role in preventing cervical cancer, I don't think government should ever propose to know better than parents on what to do with children," Dewhurst told reporters after Monday's Senate floor session. "I think that while this program is very well-intentioned, the Legislature was never consulted."

Perry and his aides pointed out that the order allows parents to let their children opt out of the vaccine for religious or moral reasons. Dewhurst said he would prefer a vaccine program that allows parents to "opt in" instead.

While some people may disagree about how the requirement came about, many in the medical field support the requirement and believe that, with education on the issue, more people will see the three-shot vaccine's benefits.

"From an effectiveness point of view, one can't argue that the vaccine is very solidly scientifically sound," said Dr. Ralph Anderson, chairman of obstetrics and gynecology at the University of North Texas Health Science Center. "There's no question that this is a good thing and should be done."

Anderson said that history has shown that vaccinations don't work unless they are universally required.

He added that there's evidence that when people are educated about the vaccine and cervical cancer, acceptance of the shot increases.

Nelson and Keffer said they will ask Attorney General Greg Abbott to rule on whether Perry exceeded his authority by issuing an order that forces the Legislature to appropriate money. Other Republican lawmakers, including state Sens. Dan Patrick of Houston and Kevin Eltife of Tyler, also said Perry should have waited until the Legislature had an opportunity to act.

Two Democrats praised Perry's initiative.

"We commend Gov. Perry on taking a bold step towards eradicating cervical cancer and saving lives," said Sen. Leticia Van de Putte of San Antonio and Rep. Jessica Farrar of Houston in a joint statement.

Staff writer Jan Jarvis contributed to this report.

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John Moritz, 512-476-4294 jmoritz@star-telegram.com

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