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The law eliminates exemption from vaccines based on personal beliefs and charges schools and other public or private childcare enterprises with excluding children who are not up to date on their shots.
According to Hockenson, Sears and board representatives will most likely meet several times.
However, the medical board accuses Sears of failing to obtain a detailed medical history, failing to maintain his letter within the child’s medical chart and failing to provide evidence-based recommendations for future vaccinations.
Other negligence charges concern this same patient, referred to by the initials J.
“This is all based on what the standard of care is, which can vary a little bit, not only from state to state but also region to region,” Boreman said, adding that even within subspecialties, standard of care may be “a matter of opinion.
It’s not black and white.” Though it’s not “necessarily unusual” that the board would cite inadequate records, this is “kind of a funny case,” said Boreman, because damage to the child is not obvious, and neither death nor a serious medical condition resulted from Sears’ alleged negligence.According to Steve Boreman, formerly the attorney general’s liaison to the California Medical Board, the board has to investigate every complaint.“A complaint comes in; it gets looked at; if it looks viable, they send it to a medical consultant, mainly a doctor in the same field, and that consultant will make a recommendation,” explained Boreman, a practicing attorney specializing in health care law.Going forward, there will be an administrative law hearing (PDF) before an administrative judge, she said, noting that these cases amount to a number of conferences between the board and the physician before a judge. An unusual figure in the vaccine wars, Sears is often painted in the corner of anti-vaxxers, but he describes himself as “pro-vaccine,” as do readers of his 2011 book, “The Vaccine Book: Making the Right Decision for Your Child.” In it, the pediatrician proposed an alternative vaccination schedule to the one recommended by the Centers for Disease Control and Prevention.In previous interviews with CNN, Sears promoted the view that parents deserve informed consent.The board, though, decided that Sears’ possible negligence left the “patient, J.