(Malone) — According to the Federation of State Medical Boards, the Tenth Amendment of the United States Constitution authorizes states to establish laws and regulations protecting the health, safety, and general welfare of their citizens.
The federation asserts that:
The practice of medicine is not an inherent right of an individual, but a privilege granted by the people of a state acting through their elected representatives.
To protect the public from the unprofessional, improper and incompetent practice of medicine, each of the 50 states, the District of Columbia and the U.S. territories have enacted laws and regulations that govern the practice of medicine and outline the responsibility of state medical boards to regulate that practice. This guidance is outlined in a state statute, usually called a Medical Practice Act.
The Tenth Amendment to the United States Constitution, a part of the Bill of Rights, was ratified on December 15, 1791. It expresses the principle of federalism, also known as states’ rights, by stating that the federal government has only those powers delegated to it by the Constitution, and that all other powers not forbidden to the states by the Constitution are reserved to each state.
The amendment was proposed by the first United States Congress in 1789, during its first term following the adoption of the Constitution. It was considered by many members as a prerequisite before they would ratify the Constitution, and particularly to satisfy demands of those who opposed the creation of a stronger centralized federal government.
As is also the case with education, roads, and transportation, and so many other aspects of our lives, the U.S. federal government/permanent administrative state is generally not comfortable with deferring power and responsibilities for managing the practice of medicine to the states and their governments, and so often seeks ways to undermine and circumvent the terms of the Tenth Amendment.
The time-tested pathway to accomplish this derives from the flow of income and other tax dollars to the federal government from the states and their citizens. A fraction of those dollars are redistributed back to the states in the form of various federal programs, with the requirement that if the state accepts the funds then it also accepts various obligations which are mandated by the federal program. Which brings us to the federal “Vaccines for Children” program, administered by the Centers for Disease Control and Prevention (CDC).
According to the CDC:
The Vaccines for Children (VFC) Program helps provide vaccines to children whose parents or guardians may not be able to afford them. This helps ensure that all children have a better chance of getting their recommended vaccinations on schedule. Vaccines available through the VFC Program are those recommended by the Advisory Committee on Immunization Practices (ACIP). These vaccines protect babies, young children, and adolescents from these diseases.
Funding for the VFC program is approved by the Office of Management and Budget (OMB) and allocated through the Centers for Medicare & Medicaid Services (CMS) to the Centers for Disease Control and Prevention (CDC). CDC buys vaccines at a discount and distributes them to grantees – i.e., state health departments and certain local and territorial public health agencies – which in turn distribute them at no charge to those private physicians’ offices and public health clinics registered as VFC providers.
Who could possibly be against that, you might ask? The reality underlying these pretty words is that the VFC is what really empowers the vaccine industry-captured CDC and its advisory ACIP to control national childhood vaccination practices. The recommendations and decisions of the ACIP regarding the pediatric vaccine schedule are what set “standard of care” guidelines for every state licensed primary care physician (particularly those in general practice and pediatrics) in the United States.
If a physician does not follow the vaccine recommendations of the VFC program and the ACIP, they are set up for a massive lawsuit if a patient under their care develops what is asserted by be a “vaccine preventable disease” – including COVID. But the truth of COVID vaccines illustrate the inherent problem with this system. Few if any of the childhood vaccines completely prevent the corresponding disease. In the case of the COVID “vaccines,” the situation is much worse than with most others.
Few vaccines provide “sterilizing” immunity (ergo fully preventing infection), and in the case of the most recent data regarding the COVID mRNA vaccines, a few months after accepting a “booster” shot the average patient becomes more likely to develop COVID disease and become hospitalized compared to non-“boosted” comparators. These particular genetic “vaccines” do not prevent patients from being infected, developing COVID disease, transmitting SARS-CoV-2 virus to others, or becoming either hospitalized or dying with COVID.
What the vaccines endorsed for children do accomplish, because of the endorsement by ACIP and inclusion in the VFC program, is to protect primary care physicians and pediatricians from malpractice lawsuits, as long as they push these products to their patients. The same holds true for all vaccines in the VFC program, as long as they are administered according to the ACIP recommended schedule. Unfortunately, the childhood vaccination schedule is, at best, an educated guess about how these vaccines should be sequenced as a function of age. The schedule is not based on well controlled clinical study data demonstrating the safety and effectiveness of the pediatric vaccines when administered in combination. Which is why some pediatricians and general practitioners are cautiously beginning to substitute their own opinions concerning modification of the official VFC/CDC childhood vaccine schedule. And in doing so, they are taking the risk of subsequent malpractice lawsuit claims. Just to be clear.
Which brings us to the letter recently distributed by the New York State Vaccine Program and New York State Board of Health to all primary care physicians (which includes pediatricians) who have accepted the terms, conditions, and benefits of participating in the federal government’s “Vaccines for Children” (VFC) program.
Hopefully, somewhere along the line, these practitioners have learned the lesson that there is no free lunch. That the Federal government uses programmatic funding to entice and coerce State-level compliance with their programs. But if not, they just got a hard reminder in the form of this letter.
Primary care providers who have accepted participation in the VFC program are now on notice that they must both obtain “free” COVID-19 genetic booster vaccines for administration to those children who are eligible for VFC-subsidized vaccines, and are also obligated to buy and keep a stock of COVID-19 genetic booster vaccines for their other patients.
Here is the relevant clause:
Providers currently enrolled in the Vaccines for Children Program are required to keep both publicly funded and privately purchased inventory of COVID-19 vaccines for the populations they serve.
Must purchase and keep a stock of mRNA gene therapy-based “booster” vaccines or what will be the consequences, you ask?
Providers that have not ordered COVID-19 vaccines by Friday, October 6, 2023, will be contacted regarding non-compliance with VFC requirements to offer all ACIP recommended vaccines.
And there you have it. Comply and purchase leaky “vaccine” products that are neither safe nor effective, and which will place your infant, child and adolescent patients at significant risk of myocarditis, or face the wrath of the New York State Board of Health. Which translates into a significant risk of losing your license to practice medicine.
In fact, The Federation of State Medical Boards have said that physicians who generate and spread COVID-19 vaccine “misinformation or disinformation” are risking disciplinary action by state medical boards, including the suspension or revocation of their medical license. They state that this includes doctors who knowingly spread false information about vaccines could lose their license. If you ever wondered why physicians don’t speak up, here is one very good answer.
Just to recap, “misinformation and disinformation” consist of any information which, at the time it is “spread,” differs from the official position of either the World Health Organization or (in the case of U.S. physicians) the pronouncements of the Department of Health and Human Services. Both of which organizations’ positions have repeatedly shifted during the COVIDcrisis, and in the case of HHS have included intentional withholding of information (such as risk of myopericarditis) from public and medical practitioners. Therefore, those physicians who have shared verifiable truths concerning vaccine risks are defined as guilty of sharing “misinformation or disinformation.”
And if that is not an Orwellian regulatory overreach, I do not know what is.
Now, dear reader, do you have a better understanding of how this works? Do you understand that, by signing up for what seems like a perfectly acceptable federal program, front line doctors have sold (for a few pieces of silver) their personal autonomy to advise patients, practice medicine, decide what medicines to purchase and stockpile in their own medical practices, and to even think and speak independently?
I hope that this little real-world example helps you to better understand the jam that front line physicians now find themselves in. They now must comply with diktats from an industry-dominated federal advisory committee and the bureaucrats who administer it. Any consideration of the “states’ rights” to regulate their ability to practice medicine is just window dressing.
And if you understand that, you now understand the fist within the glove wielded by the Leviathan – our modern federal administrative state.
The letter in full:
Dear VFC Providers:
If you have not placed your initial VFC order for COVID-19 vaccines, please do so as soon as possible. Providers that have not ordered COVID-19 vaccines by Friday, October 6, 2023, will be contacted regarding non-compliance with VFC requirements to offer all ACIP recommended vaccines. The Vaccines for Children (VFC) Program helps provide vaccines to children whose parents or guardians may not be able to afford them. This helps ensure that all children have a better chance of getting their recommended vaccinations on schedule. Vaccines available through the VFC Program are those recommended by the Advisory Committee on Immunization Practices (ACIP). This includes the COVID-19 vaccines that recently transitioned from the federal program distributing vaccines for all, to the traditional private and VFC distribution model. Providers currently enrolled in the Vaccines for Children Program are required to keep both publicly funded and privately purchased inventory of COVID-19 vaccines for the populations they serve.
- For September, please place COVID-19 vaccine orders separate from all other VFC vaccine orders (including influenza vaccine).
- DO NOT OVER ORDER. Please only place orders for a reasonable amount of vaccine which would supply the practice for the first month.
- Orders may have to be reduced depending on available supply. Like influenza vaccines, New York State will receive only partial allocation of vaccines to process provider orders based upon supply at the CDC vaccine depot. If we are out of allocation of the product you have ordered, you may see your order was denied. You may either place an order for another product or wait for the desired product to be available. The NYS Vaccine Program does not track the balance of COVID-19 vaccine doses from a partially filled or denied order. If an order cannot be filled and the practice needs more COVID-19 vaccine, then another order must be placed.
- Pay close attention to the storage requirements for the different COVID-19 products:
- Moderna products may be stored at standard freezer temperatures until the manufacturer expiration date. If you store Moderna vaccine in a refrigerator, it must be used within 30 days.
- Novavax products may be stored in a refrigerator ONLY. Multi-dose vials must be used within 12 hours of first puncture.
- Pfizer products may be stored at ultra-frozen temperatures until the manufacturer expiration date. If you store Pfizer vaccine in a refrigerator, it must be used within 10 weeks (70 days). DO NOT store in a standard freezer.
- Orders may be placed as needed (exempt from 30-day limit) for the first months of transition to VFC.
The NYSIIS ordering screen will reflect products we currently have sufficient supply of from CDC and is subject to change. If the vaccines you would like are not available, please monitor NYSIIS as they will be added when supply is adequate. Product currently available are:
- SpikeVax/Moderna, COVID-19; (12y+); SDV; 10-pk, NDC 80777-0102-95.
- Moderna, COVID-19 (6m-11y); SDV; 10 pk; NDC 80777-0287-92.
- COMIRNATY/Pfizer, COVID-19; (12y+); SDV; 10-pk, NDC 00069-2362-10. We are currently out of CDC allocation of COMIRNATY/Pfizer 12+ vaccine. Please check regularly for updates.
- Pfizer, COVID-19; (5-11y); SDV; 10-pk, NDC 59267-4331-02.
- Pfizer, COVID-19; (6m-4y); MDV3; 10-pk, NDC 59267-4315-02.
We recommend providers refrain from scheduling large vaccine clinics until they have received an adequate supply of VFC vaccine.
Resources for the newly authorized products include:
Reprinted with permission from Malone.