As primary day approaches, there is increasing attention in campaign mailers, the local press, and social media to Tom Abinanti’s history in Albany with bills related to vaccines. Opponents of Abinanti have labeled him a dangerous vaccine skeptic. Abinanti’s defenders have pointed to recent votes to contest that description. To aid readers in evaluating for themselves Abinanti's vaccination-legislation history in Albany, I have complied a list of vaccination related bills that Abinanti has sponsored or co-sponsored in the state assembly, along with other noteworthy votes. My commentary is added in italics. All bills listed below can be found through the New York State Assembly website bill search page. Bill descriptions below are the found in the summary for each bill. Bills advanced to committee or floor votes only where noted.
2011-12 Legislative Session
Abinanti co-sponsored:
A00592 Provides protections to parents who decline to have their children immunized on the basis of religious beliefs; allows a parent to submit an affidavit stating that the parent, parents or guardian hold genuine and sincere religious beliefs.
A00593: Extends the protections of the medical exemption from mandatory immunizations for students to ensure deference to the professional assessments of physicians and nurse practitioners in the care of their individual patients.
A00654 Authorizes nurse practitioners to certify that an immunization may be detrimental to a child's health.
Noteworthy:
2013-14 Legislative Session
Abinanti Sponsored:
A06359 Enacts the "philosophical exemption to immunizations act" in order to establish an exemption to mandatory immunizations.
A09308 Relates to the labeling of vaccines containing genetically modified organisms.
A09310 Bans the use of vaccines containing genetically modified organisms.
A09311: Requires authorized health care professionals, prior to administering a vaccine, to provide patients with information relating to genetically modified organisms, and provide them the option to receive a non-genetically modified organism vaccine.
A08828 : Relates to prohibiting mandatory influenza vaccinations as a condition for employment with exception of those employed by long-term care facilities.
Abinanti co-sponsored:
A02689 Provides protections to parents who decline to have their children immunized on the basis of religious beliefs; allows a parent to submit an affidavit stating that the parent, parents or guardian hold genuine and sincere religious beliefs.
A02690 Extends the protections of the medical exemption from mandatory immunizations for students to ensure deference to the professional assessments of physicians and nurse practitioners in the care of their individual patients
Noteworthy vote: A07324A/S04881 Authorizes a licensed pharmacist and certified nurse practitioner to administer meningococcal disease immunizing agents. Passes assembly 135 to 7. Abinanti is the only Democrat to vote against.
During the floor debate over A07324A/S04881 in 2013, Abinanti stated that “as the parent of a child with autism who believes that perhaps vaccines had something to do with the autism epidemic that we have today, I want to state that I believe we take vaccines far too lightly. Vaccines serve a purpose in an appropriate place. Right now if we are going to distribute them like candy we are not going to be able to trace and follow what the effects are.” [Transcribed from NYS Assembly video, June 20, 2013]
Abinanti’s most notorious vaccination bill is A06359 from the 2013-14 session. This bill sought to provide a “philosophical exemption to immunizations” to allow parents to exempt their children from mandatory vaccinations for any reason, no matter how irrational, without receiving medical advice, and without regard to risk to public health or harm to the child. Abinanti introduced this bill in March 2013 and again in January 2014 but both times it failed (like all his other sponsored vaccination bills) to advance to a health committee vote. Several of these bills would return in the subsequent legislative session.
2015-16 Legislative Session
Abinanti Sponsored:
A00224 Relates to prohibiting mandatory influenza vaccinations as a condition for employment with exception of those employed by long-term care facilities.
A01536 Requires authorized health care professionals, prior to administering a vaccine, to provide patients with information relating to genetically modified organisms, and provide them the option to receive a non-genetically modified organism vaccine.
A02447 Relates to the labeling of vaccines containing genetically modified organisms.
A00943 Enacts the "philosophical exemption to immunizations act" in order to establish an exemption to mandatory immunizations.
A01706 Bans the use of vaccines containing genetically modified organisms.
None of these Abinanti sponsored bills advanced to committee votes and only S00943 received a Senate "same as" bill.
A00123B/S04739 Relates to the administration of certain immunizations; requires immunizing agents be administered to adults by pharmacists; authorizes a licensed pharmacist and certified nurse practitioner to administer certain immunizing agents and meningococcal disease immunizing agents; makes provisions permanent. Passes Assembly 142 to 1. Abinanti in favor. [Reversing his position on a similar bill the prior session, Abinanti from this point forward would consistently vote in favor of bills authorizing pharmacists and other health care workers to administer vaccines].
A00791C/S04324A Relates to meningococcal immunizations; requires certain parents ensure the immunization of their chidren against meningococcal disease. Passes Assembly 111 to 29, Abinanti votes against.
Not deterred by two failures to advance his “philosophical exemption” bill in the 2013-14 session, Abinanti reintroduced his “philosophical exemption” bill for a third time in January 2015 as A00943 when, again, it failed to get to a committee vote (Senator Martin Dilan sponsored each "same as" bill in the senate). This third attempt by Abinanti at eviscerating state public health immunization policy drew negative coverage in national media. https://www.nytimes.com/2015/02/15/nyregion/refuse-to-vaccinate-little-religious-ground-to-stand-on.html; https://www.politico.com/states/new-york/albany/story/2015/02/new-york-lawmakers-push-additional-vaccine-exemptions-019473
Abinanti was quoted extensively in Politico in Feb. 2015 explaining his vaccination bill votes: “I believe that it is the right of parents to determine who invades the body of their children and the logic that says the state can determine that a foreign substance can invade a child means that anything can invade the child no matter how dangerous,” Abinanti said. He added “I believe that the family, with the doctor, should make the individual determination whether a particular vaccine is appropriate for that child,” he said. “There are many of us who resent our kids being collateral damage. The possible adverse effects, whatever they may be, and it may be a very small minority—but [the state is] discarding a group of people, which is now a growing group of people.” Abinanti told Politico that “There are a large number of kids for whom vaccines are not appropriate... But nobody is looking to see how large the number of people is.” “We’re not suggesting parents shouldn’t vaccinate,” he added. “We’re saying doctors should be educated in this to make the determination as to which kids should be vaccinated.”
Following this notoriety, Senator Dilan withdrew his sponsorship of the Senate's philosophical exemption bill, leaving Abinanti to face ridicule alone. Quickly, Abinanti pivoted to claiming he hadn’t really intended for the bill to pass, but instead merely wanted to provoke debate on the issue (Rivertowns Enterprise Feb. 20, 2015: “Lawmaker shifts plan in debate over vaccines”).
Also in January 2015, Abinanti introduced another pernicious bill targeting vaccinations under the cover of anti-GMO activism. Echoing Abinanti bills that foundered in the previous session, A01706 relied on scientifically dubious reasoning to seek a ban on vaccines containing GMOs. According to one commentator, this bill would have had the effect of setting back vaccination technology by half a century and would eliminate many vaccines. Again, Abinanti received excoriating criticism in national media. https://www.forbes.com/sites/fayeflam/2015/02/26/defying-science-and-common-sense-new-york-bill-would-ban-gmos-in-vaccines/#46bc23e66318 http://sfsbm.org/index.php?option=com_easyblog&view=entry&id=523&Itemid=435 Dr. Paul Offit cited Abinanti's GMO bill as an example of the "war on science" in his book Bad Advice, observing that the "illogical" bill "died the embarassing death it deserved." Washington Post, June 26, 2018; Paul Offit, Bad Advice: Or Why Celebrities, Politicians, and Activists Aren't Your Best Source of Heath Information (2018)
2017-18 Legislative Session
Noteworthy votes:
A01230 Relates to mandatory influenza vaccine for persons attending daycare. Passed Health Committee 5/16/2017 by 19 to 7. Abinanti votes against.
A02857D Relates to authorizing pharmacy interns to administer immunizations. Passes Assembly unanimously. Abinanti votes in favor.
2019-20 Legislative Session
Noteworthy votes:
A02371A Relates to exemptions from vaccinations due to religious beliefs; and repeals certain provisions relating to exemption from vaccination due to religious beliefs. Health Committee passes 14 to 12 . Assembly passes 84 to 61. Abinanti votes against both.
A08676; Provides a religious exemption from vaccination requirements for school attendance Health Committee passed 17 to 7; Abinanti AYE; bill held for consideration
A08834; Exempts private and parochial schools and day care centers from immunization requirements.; Health Comm passed 17 to 7, Abinanti AYE; held for consideration
A08867: Provides that it shall not be considered professional misconduct for a physician to provide a certification that an immunization may be detrimental to a patient's health if, in his or her professional judgment, such immunization poses a risk to such patient. Health Comm passed 17 to 7, Abinanti AYE; bill held for consideration
A09609 Requires health care providers and practitioners to provide patients with a list of ingredients contained in vaccines, the manufacturer product insert, the vaccines' potential side effects and where to report vaccine-adverse events forty-eight hours prior to immunization.; Heath Comm passed 17 to 7, Abinanti AYE, held for consideration
A09709 Allows persons in parental relation to a child to choose to immunize such child and requires a person to submit a form to such child's school when such person wishes not to administer an immunization to such child. Health Comm passed 17 to 7, Abinanti Aye, held for consideration
A10508A/S08182A. Authorizes licensed pharmacists to administer a vaccine for COVID-19 approved by the United States Food and Drug Administration Center for Biologics Evaluation and Research vaccine product approval process. Passes Assembly 131 to 12, Abinanti in favor.
After his failed attempts to undermine New York’s vaccination regime through introducing unlimited “philosophical exemptions,” and then under the guise of anti-GMO activism, Abinanti continued to support expanding and facilitating religious exemptions from immunizations. Now a member of the assembly’s Health committee, Abinanti found allies whom he joined in voting for bills to broaden religious exemptions and even entirely to exempt nonpublic schools (including day cares) from mandating vaccinations for their students. Abinanti supported immunization “informed consent” type bills, similar to anti-abortion laws in other states, designed to intimidate young people. None of these bills advanced beyond the Health committee. The spur for this flurry of anti-vaccination bills was the measles outbreak in New York state in 2019 exposing vaccination resistance in some religious communities that, in turn, drew sharp criticism. Although Abinanti “only” voted for these bills in committee, instead of sponsoring them, he again drew fire for his anti-vaccination activism in national media where he was described as “a long standing skeptic of vaccine science and safety.” https://www.politico.com/newsletters/new-york-playbook/2019/04/10/new-yorks-measles-emergency-double-jeopardy-stalls-cuomo-trashes-twitter-423238; https://www.politico.com/newsletters/new-york-playbook/2019/05/08/religious-vaccine-exemptions-still-a-live-wire-legislature-reaches-school-bus-camera-deal-senate-to-pass-trump-tax-return-bill-433565
2021-22 Legislative Session
Abinanti Co-sponsors
A05680: Provides employees with paid time off to obtain a COVID-19 vaccine if such employee or independent contractor is unable to obtain a COVID-19 vaccination outside of their scheduled working hours; prohibits retaliation. No votes but similar to A03354B below.
A08280C: Authorizes emergency medical technicians to administer certain vaccines pursuant to non-patient specific orders and under the authority of an emergency medical services director after receiving appropriate training; authorizes physicians and certified nurse practitioners to prescribe and order a non-patient specific order to an emergency medical technician to administer certain vaccines; provides for the repeal of such provisions upon the expiration thereof. Passes Health Comm 20 to 6 and Codes Comm 16 to 5, Abinanti votes in favor of both. Did not proceed to Assembly floor vote.
Noteworthy Abinanti votes on bills that passed the Assembly:
A00279 Requires a health care provider who administers an immunization to a person nineteen years of age or older to report such information to the department of health or to a regional health information organization unless such person objects to such reporting. Passes Health Committee 14 to 12 and Codes Committee 15 to 7. Abinanti votes against both.
A03354B Grants time off for public employees to receive a COVID-19 vaccination. Passes Assembly 136 to 13; Abinanti votes in favor.
A05062 Gives schools improved access to the statewide immunization database; passes Health and Codes committees, and Assembly unanimously –Abinanti votes in favor in all.
A06173 Relates to the posting of certain COVID-19 vaccine disbursement information on the internet website of the department of health; establishes such information shall include, but not be limited to, the total number of vaccine doses disbursed to, address of, and selection method of each approved vaccine provider and state operated point of dispensing site. Passes Health Comm and Assembly unanimously, Abinanti votes in favor of both.
A06476A/S04807A Authorizes pharmacists to provide immunizations which are recommended by centers for disease control and prevention to patients eighteen years of older. Passes Assembly unanimously. Abinanti votes in favor.A08700 Includes in the crime of computer tampering in the third degree when someone enters information to falsify COVID-19 vaccination records. Passes 17 to 5 and Assembly 99 to 44. Abinanti votes in favor of both.
A08762 Gives schools improved access to the statewide immunization database for the immunization records of certain children. passes Health committee, and Assembly unanimously –Abinanti votes in favor of both.
A09513: Extends provisions relating to leave time for COVID-19 vaccination until December 31, 2023. Passes Assembly 101 to 43; Abinanti votes in favor.
Abinanti’s claim this primary campaign that he supports vaccinations relies heavily on his co-sponsoring A08280 and votes in favor of various bills authorizing pharmacists and others to administer vaccinations under certain circumstances . A08280 advanced in committee but did not come to a floor vote. Abinanti also supported a number of provisions related to COVID vaccinations as well as bills regarding state databases that passed unanimously.
Conclusion: In the most recent legislative session, Abinanti has supported bills addressing procedural, personnel or privacy issues related to administering vaccines, particularly bills related to COVID vaccinations and he now consistently supports authorizing pharmacists and other health professionals to administer vaccines (reversing his earlier position). These recent votes are pointed to selectively by Abinanti and his supporters to verify his pro-vaccination credentials.* These votes, however, do not erase Tom Abinanti's record of promoting extensive anti-vaccination legislation, dating to his arrival in Albany. Abinanti's anti-vaccination agenda in Albany is a personal pursuit as there is no evidence that his constituents favor such activism. Repeatedly rebuffed in his anti-vaccination initiatives, Abinanti evolved over the years to adopt different “junk science” anti-vaccination theories that shaped his bill proposals. He persists in promoting religious belief exemptions from vaccinations. If Abinanti's dangerous proposals ever became law, New York State's public health policy toward vaccinations would be irrevocably eroded.
* For Abinanti's argument that he "promotes, supports vaccination" see Yonkers Times, Dec. 23, 2021
Excellent analysis save this: Following this notoriety, Senator Dilan withdrew his sponsorship of the Senate's philosophical exemption bill, leaving Abinanti to face ridicule alone. Quickly, Abinanti pivoted to claiming he hadn’t really intended for the bill to pass, but instead merely wanted to provoke debate on the issue (Rivertowns Enterprise Feb. 20, 2015: “Lawmaker shifts plan in debate over vaccines”).
ReplyDeleteTo introduce a bill simply to provoke debate is unethical and merits sanction. This is an abuse of the legislative process. Abinanti has to date failed to apologize for his reckless anti vax campaign which was based on fraudulent and thoroughly discredited research published in the Lancet on vaccines and autism.
He hasn't apologized because he isn't sorry. This is what he believes, he believes vaccines cause autism.
ReplyDelete