Legislature caught off guard by HPV order
BY TERRIE GONZALEZ

State Rep. Chuck Hopson (DJacksonville) recently heard testimony as a subcommittee member of the Health and Human Services committee. This panel was by-passed by Gov. Rick Perry, who issued an executive order requiring girls to obtain a vaccine to prevent cervical cancer.

AUSTIN - Gov. Rick Perry's executive order requiring girls to obtain a new vaccine at the age of 12 before they become sexually active caught legislators off guard in Austin last week.

The order triggered an outcry claiming that the governor is bypassing the legislative process and not allowing public testimony and debate.

All but five state senators signed a letter asking Gov. Perry to withdraw Executive Order RP65 requiring girls entering sixth grade to receive a vaccine for the Human Pappillomavirus (HPV).

The Cherokeean Herald obtained a copy of the letter, drafted by State Sen. Jane Nelson, who also chairs the Health and Human Services Committee. State Sen. Robert Nichols (R-Jacksonville) added his signature to her letter dated Feb. 5 which "respectfully requests" the governor allow the issue to proceed through the full legislative process.

Support for the order in the House of Representatives appears to be thin. Two bills have been filed in the House which would prohibit the vaccine from being required.

State representatives and senators say they have received e-mails, phone calls and FAXes from their districts from people who are angry that the governor wants to intrude on an issue that they say belongs with parents.

"So far, the response has been 100 percent against this issue," said Sen. Nichols.

"There has been a lot of discussion on this issue among senate members," said Sen. Nichols. "We feel this needs to go through the full public debate. It's an educational process for everyone."

Some in Austin are privately questioning the governor's timing in issuing the executive order. Drug manufacturer Merck is the only company with the vaccine on the market. Glaxo Smith Kline hopes to receive approval for their version of the vaccine within a matter of months.

State Sen. Jane Nelson, chair of Health and Human Services Committee, said she will ask Attorney General Greg Abbott for an opinion on the legality of the executive order.

The order represents an unfunded mandate that will cost from $70-300 million. "We just don't know what this program would cost," said State Rep. Chuck Hopson (DJacksonville.)

Rep. Hopson said his office has fielded a number of calls objecting to the HPV.

The inoculation is a series of three vaccines and will cost $360.

Gov. Perry directed state health authorities to make the vaccine available free to girls 9-18 who are uninsured or whose insurance does not cover the vaccine. Parents will be allowed to opt out of the vaccine by submitting an affidavit with an objection based on religious or philosophical grounds.