The star. (Reynoldsville, Pa.) 1892-1946, 1906-12-12
WHEN VACCINATION I
FAILS TO TAKE
uealth Commissioner Dixon Ex.
plains Provision That Is Made In
Such Cases So That Children May
Not Be Debarred From School.
WHEN CLAIM is MADE
THAT "CHILD Is UNFIT"

In Exceptional Cases, Where Careful
investigation BY Local or state
Health Authorities Justifies AdmIs
slon to School, II Is Authorized.
After three carefully performed but
unsuccessful attempts to vaccinate a
child have failed. that child should not
be debarred from school privileges, but
should be admitted, and the Depart.
ment Of Health has provided for this"
said State Health Commissioner Sam.
uel G. Dixon In an interview.
"The Supreme Court of Pennsylva.
MIA" continued DR.. Dixon, called at
tention in the recent opinion 1t handed
down reaffirming the validity OF the so
called vaccination law of June 18. 1895.
to the hardship involved in the twelfth
section of that act when 1t is beyond
the power of children of school age to
be vaccinated, although they may not
previously have had smallpox nor pre-
viously been vaccinated, and even re-
peated attempts to perform the oper'
alton upon such children are without
effect and vaccination will not take.
In such cases, as the court pointed
out, the physician cannot certify that
such child has been successfully vac.
cinated SO as to meet the requirement
Of admission to school. The courts de.
cision suggested the possibility of the
health authorities, state or local, max
ing Regulation setting forth the con.
ditions under which child upon whom
mitted to go to school. The court also
suggests that the health authorities
would have to consider whether such
a regulation would be undesirable as
aftording opportunity for the evasion
Of the statute.
"The Department OF HEALTH" con-
tinued Health Commissioner Dixon,
''has taken this tendency to evade the
law into consideration, as it was
Obliged to, and yet we have endeav.
ored to see that those children who
could not be vaccinated should be ad.
complshing this from the first has
been as follows:
when the cases that we received
inquiry about were within the limits
of borough or city having Board Of
Health of its own, we suggested that
after two unsuccessful attempts to vac
cinate a child, the third attempt be
made by or in the presence of the
physician of the Board of Health. II
this attempt failed, then the physician
of the board, acting in his official ca.
pacity, should authorize the admission
of the child.
"In the rural districts, where there
are no Boards of Health to pass upon
such cases, | have always asked that
after three unsuccessful attempts to
vaccinate child have been made. the
name of the child and the physician
who made the attempts be referred i'm.
mediately to the State Department of
Health. The cases have then been at
once investigated by our County Medi.
cal Inspectors or some one deputiZed
by them, so that the child might not
unjustly be debarred from school privi.
the situation have been in conformity
with the Supreme Courts suggestion
that the health authorities assume the
responsibility of authorizing the adj
mission to school of children upon
whom, after a reasonable number of
attempts, vaccination does not take.
Taking advantage of the spirit OF
this part of the Supreme Courts opin.
ion. we have also endeavored to deal
with the cases of children where there
was reason to believe that the child's
physical condition did not make vac
cination at the present time advisable
The Attorney General of the State had
| given an opinion that a teacher was
not authorized to accept certificate
from physician stating that the child
was not in a physical condition to be
vaccinated. 1t is reasonable to be-
lieve, however, that although the sim
pie giving of such a certificate by the
family physician would not be suffi
cient, the spirit of the Supreme Courts
I opinion would permit the recognized
health authorities throughout the
state, after careful investigation, to
pass upon such cases.
Therefore when such cases are now
brought to the attention of our depart
ment we have suggested that inside
borough or city limits, the local Board
of Health, through its physician, de-.
eide whether the child is well enough
to attend school and yet not in a fit
condition to be vaccinated. In the dis.
tricts where there are no Boards of
Health we are having such cases in.
vestigated and passed upon by our
regular County Medical Inspectors.
''It will thus be seen," concluded DR..
Dixon, that the State Department of
Health is doing everything possible to
prevent any child from being unjustly
deprived Of its schooling. If the par
ent or guardian however, refuses to