‘Ambitious’ timeline means DeSantis could pass new vax rules before he leaves office

Gov. Ron DeSantis’s efforts to pare back the number of vaccines children must receive to enter school or daycare could pay off for him before he leaves office on Jan. 5 in light of a state administrative judge’ agreement Thursday to expedite a hearing on challenges to them.

Florida Division of Administrative Hearings Judge David Watkins consolidated two separate challenges to the proposed new rules and set the week of Dec. 14 to hear arguments.

Albeit a tight timeframe, the schedule could allow the DeSantis administration to implement the changes if Watkins recommends in favor of the Florida Department of Health, Jacksonville healthcare attorney Chris Nuland said.

“It’s ambitious, but not impossible. The judge would have to be diligent in preparing an order during the Christmas and the New Year holidays,” Nuland told the Phoenix.

But “if the department wins prior to inauguration day, then the rule can go into effect without any action by the new administration.”

If Watkins issues an order against the DOH before DeSantis is term limited out of office, the DOH could file an appeal before the next governor is sworn in and takes office, Nuland said.

To pursue any such appeal, though, would be a decision for the next administration, Nuland said.

Florida law requires children at a minimum to be immunized for poliomyelitis, diphtheria, rubeola, rubella, pertussis, mumps, and tetanus to attend school and daycare.  A religious exemption to shots exists, plus exemptions for any parent if the child cannot be fully immunized for medical reasons.

Beyond what is legislatively mandated, the DOH is authorized to pass rules requiring vaccines for  “other communicable diseases as determined.” Under that authority, the DOH has required through its regulations for children to be immunized for haemophilus influenzae type b (Hib), hepatitis B, varicella (chickenpox), and pneumococcal conjugate.

Ladapo: Eliminating vaccine mandates isn’t about science, it’s about parents’ rights

The new proposed rules would eliminate those four vaccines.

The DOH held a workshop on the proposed rule changes in Lake Mary outside Orlando earlier this month. While there, Ladapo told the crowd that the changes were being pursued to ensure parents remain in charge of their children’s healthcare decisions.

“You know, this isn’t about the scientific effectiveness of one vaccine or the other, the safety of one vaccine or the other,” Ladapo said at the time, noting that the DOH would be “open to hearing about that.”

One of the challenges to the proposed rule comes from the Florida Academy of Family Physicians, physician Danielle Carter, and three individuals identified only by their initials. The second challenge was filed by Kimberly Thorpe and her two minor children, plus Genevieve Rahmouni and her minor son. Both cases involve medically fragile children.

Both challenges argue the DeSantis administration didn’t follow proper rulemaking procedures and that the DOH overstepped its legislative authority.

The Florida Chapter of the American College of Physicians Services and the Florida Chapter of the American Academy of Family Pediatrics have filed motions to intervene in the now-consolidated cases. Nuland represents both groups.

DOH legal counsel told Watkins Thursday the agency would file motions opposing allowing the groups to join as intervenors. Watkins has given the DOH until Monday to file its motions against allow the two groups to join the challenge.

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