Will COVID Vaccines Command the Military? Know Your Rights. • Protecting the Health of Children

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With the Armed Forces show a SARS-CoV2 vaccine order on Sept. 1, many military families inquired about their rights to release for an experimental drug.

On July 1, the military reported COVID vaccination rate among 58% to 77% of all branches. That means as many as 25% of U.S. military personnel may apply for exemptions. What are their rights?

Army Regulation AR40-562 provides long -standing exemption rights for the Army, Navy, Air Force and Coast Guard, including active and reserve components.

The instruction that it precedes the SARS-CoV2 vaccine vaccine was last updated in 2013. Below we show the instruction, as it applies to COVID vaccines.

Immune testing and countermeasures are required

First and foremost, it is the responsibility of the medical authorities and command leaders to issue show before vaccination.

Army Regulation AR40-562 states:

“Ensure that patients are screened for pre-existing resistance, screened for administrative and medical restrictions, and / or screened for need for medical releases of vaccines or chemoprophylaxis medications. the exemptions per paragraphs 2-6; document any exceptions. ”

positive PCR tests, antibody tests and T-cell tests must be documented in the medical record, in accordance with regulation:

“Before getting vaccinated, conduct serologic testing where applicable. At a minimum, continue serologic testing for antibodies for measles, rubella, hepatitis A, hepatitis B and varicella. Documenting medical exemptions for resistance (MI) in the ITS Service. Documented medical releases for resistance are accepted as evidence of efficacy rather than vaccination. ”

Due to the serious risk of vaccine reaction, medical authorities and command leaders should have first responders in the vaccinated area with specified treatment equipment, as stated:

“Ensure that there is an available medical response and staff administering immunizations receive training on cardiopulmonary resuscitation, epinephrine administration and emergency response to adverse effects of immunization.”

Military regulation is also required to report the adverse reactions listed in VAERS Record of Historical Events Following Vaccination in the Vaccine Adverse Events Reporting System.

The military recognizes that some people have hypersensitivity or allergies to vaccines:

“Before giving any medicine, including vaccines, find out if the person has previously shown any unusual levels of adverse reactions or allergies to it or to any specific ingredient in the vaccine or its packaging (e.g. eggs, gelatin, preservatives, latex.) Review the manufacturers package included and reference materials for specific product information. “

This requirement cannot be met for COVID vaccines because the vaccine package insert is blank. It provides a reasonable basis for anyone concerned about an allergic reaction or anaphylaxis to avoid vaccination. Allergies to polyethylene glycol and polysorbate a common concern of the SARS-CoV2 vaccine.

Pilots and flight crews are at risk of visual impairment and blood to blood above particular consideration should be given to the SARS-CoV2 vaccine.

The military recognizes that pregnancy is a contraindication for vaccines

Under the Army Regulation concerned with AR40-562 for “vaccinating women with potential childbirth,” the military recognizes that pregnancy is a contraindication to vaccines:

“It is wise to ask her if she is, or perhaps pregnant. Health record document responses. If the answer is “yes,” and ACIP does not recommend the vaccine for use in pregnancy, then either remove her from the vaccination or refer her to a healthcare provider to determine if the benefits of vaccination outweighs the risks of pregnancy. “

This is an important section of regulation regarding pregnant women. The Centers for Disease Control and Prevention (CDC) has taken that position pregnant women “get” the SARS-CoV2 vaccine because limited self-reporting data from the new COVID vaccine safety monitoring systems do not address safety concerns.

However as of July 22, the CDC’s Advisory Committee (ACIP) on Immunization Practices already has not recommended the SARS-CoV2 vaccine is for pregnant women, and therefore pregnant and lactating women in the military have the legal right to exemption and do not need to receive the vaccine.

Prior to the recommendation, ACIP is required to review published clinical trials for pregnant and lactating women and the developmental consequences of their fetuses exposed in the womb. These tests were not completed. The relationship between development and fertility has not been studied, and the risks of childbirth are unknown.

Two separate ones are allowed free of charge for COVID vaccines

There are two main distinctions to military exemptions: medical and administrative.

The following is Military Medical Codes for exemption applicable to SARS-CoV2 vaccine:

MD: Medical, Prohibited. It has to do with vaccine options, including any vaccines below Emergency Use Permit (USA).

MI: Medical, Immune. Provide evidence of efficacy by serologic test or documented prior infection, or presumed natural infection.

MP: Medical, Permanent. It has to do with any contraindications prescribed by the doctor.

MR: Medical, Reactive. In connection with any previously severe reaction to a vaccine, including anaphylaxis, requiring medical consultation.

MT: Medical, Temporary. Related to pregnancy, hospitalization, prevention of resistance, waiting on the medical evaluation board, or any temporary contraindication to vaccination.

The following is Military Administrative Codes for exemption applicable to SARS-CoV2 vaccine:

AR: Administrative, Denial. It has to do with people getting a religious residence.

AS: Administrative, Separation. It relates to people awaiting release, separation (within 60 days) and retirement (within 180 days.)

SA: Administrative, Temporary. It has to do with people waiting for legal action.

NR: Not required. Relates to service members transferring civilian staff or contractors.

Commanders have flexibility

Army Regulation AR40-562 provides convenience for commanders to conduct a “disease threat assessment.”

This could result in a commander checking that host of resistance established and restrictions should be lifted to increase unit training and mission capabilities.

The commander’s discretion may also result in administrative restrictions on individual scrutiny of critical mission staff: “The commander did not administer vaccinations due to excessive mission requirements.”

In some regions and geographical units, there may be someone with a critical military job specialist.

COVID vaccine orders can be legally challenged

Army Regulation AR40-562 lists standards for EUA drugs. These standards can be legally challenged.

The regulation states:

“(1) A vaccine or drug may be effective in diagnosing, treating, or preventing a disease or condition. (2) The known and potential benefits of the vaccine or drug outweigh the known and potential risks. (3) There is no adequate, approved, and available alternative medical resistance. ”

All of these requirements for the use of EUA COVID vaccines require evidence, and the offices of the Judge Advocate General (JAG) at each military installation can assist with legal matters, such as pending separation. or Uniform Code of Military Justice punishment for non -compliance with regulations.

The vaccination regulation also includes instruction for civilian staff, contractors, military families and children and staff who attend U.S. Department of Defense schools and departments – they all have religious freedom and rights to protest. medicine.

Service members are in advance of the weight of a COVID vaccine order through presidential approval or FDA approval. If the mandates are enforced, it will harm the survival of the Armed Forces, as the military has done. anthrax vaccine program.

The views and opinions expressed in this article are those of the authors and do not necessarily reflect the views of Children’s Health Defense.

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