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Vetoed New Mexico HPV vaccine bill could have avoided litigation

Steve Komadina [New Mexico State Senator; sponsor of New Mexico bill SB-1174]: "I think the bill was good in that it mandated the Health Dept. to develop educational material to send home to parents informing them about the vaccine and the virus. Parents could then make an informed decision as to whether they wanted their child to be vaccinated or not.

The only true mandates were:

1. Education by the Dept. of Health
2. Parents making a decision and returning a paper to the school

The paper would decline or document the vaccine being administered.

The Governor vetoed the bill based on a request from the New Mexico Pediatrics Association and the New Mexico Medical Society and the Department of Health who felt that it was perhaps too soon to be mandating such actions.

I think we will see failure of a physician to offer the vaccine to patients to be a huge area of possible litigation in the future when a woman gets HPV and was not offered the vaccine in the past."

Opinions expressed in JURIST Commentary are the sole responsibility of the author and do not necessarily reflect the views of JURIST's editors, staff, donors or the University of Pittsburgh.

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