NewBorn Birthing Plan and Birth Exemptions
BirthExemptions |
Birthing_Plans |
Vitamin_K |
Hepatitis_B |
Eyedrops |
Newborn_Screening |
Help_for_Newborn_Plans_Mandates_etcBirth Exemptions: (General information that applys to all states)
For those who are planning a hospital birth but want to evade invasive routine post natal procedures such as a Hep B shot, vitamin K injection, newborn screening, or the application of silver nitrate in the newborn's eyes, a very specific birthing plan must be submitted to the hospital in advance of the birth. Hospital staff must be informed, in advance, of your needs, wants and desires where your baby and birthing experience are concerned. The same applies to midwives.
Steps: [General]
- Create the Birthplan. You may modify one of our ours to fit your state laws and any other personal circumstances. (see VacLib's below) or contact NY_State_Resources.
- Sign the birthplan in front of a Notary.
- Submit the birth plan to your hospital or midwife. Keep a couple extra copies in case plans change.
- Make sure affected parties (doctors, nurses, etc) understand your requirements and wishes. .
- Plan on having one or two trusted persons stay with the mother and child to watch the child at all times while in the hospital, so no unwanted injections are given the baby.
- The birth plan arrangements and letter should be turned in before delivery date.
- The "Refusal to Permit Medical Treatment" form below is optional.
However, please note that New York state is a HARD state to get ANY exemptions although religious exemptions are allowed. New York is notorious for calling in Child Protective Services, for those who want to exercise their basic fundamental right to decide what will and what will not be injected into their children. You will more than likely have to have legal representation if you want to avoid this mass medical experimentation and Public Health assault on your childrens' bodies. DO be prepared to fight for your baby's rights!
Steps: Specific to New York:
Suggested checklist of items needed for birth exemptions in New York.
- Competent counsel or knowledgable help. *
- Model Birth Plan (Model Birth Plan Letters).
- @ Vitamin K Package Insert by Merck printed out. Also needed, is the alternative natural Vitamin K info.
- @ A copy of 42 USC 1983 for legal documentation to refuse Vitamin K.
- Page 15 of the Refusal of Newborn Screening Guide Appendices from the Physicians Guidelines.(Optional. Use only if refusing screening.)
- Copies of any other applicable Public Health Law to back up your claim. HepB
- An AFFIDAVIT or letter expressing your religious objections to vaccination or specific medical treatment.
- you may also want an ACCEPTANCE OF RESPONSIBILITY Form in case anyone seeks to force you to engage in treatment with which you do not agree..
- Consider home birth with a midwife, if at all possible. Only if you're not exepecting complications.
@ Note: above two items needed only if refusing Vitamin K injection.
These documents need to be ready and in place at least three months beforehand.
Birth Plans (To be used with hospitals and/or midwives)
(Links to model birth plan letters)
Model Birth Plan Letter for Hospital Births. You can attach an exemption from immunizations. In some states, there are religious exemptions from newborn screening tests such as PKU, etc...
Our best and most itemized birthplan:
(HTML) BirthPlan-Itemized for reading on screen. Includes handy small dictionary of terms in the document.
(.doc) birthplan-itemized.doc |
(.pdf) birthplan-itemized.pdfAlternative BirthPlans
(.doc) Model Letter for Hospital Births (Model11425.doc) Model Birth Plan Letter for Hospital Births. This one is more detailed.
(.doc)
Model letter for hospital births 2.doc (11426)
Model Birth Plan Letter for Hospital Births for an adopted child...
Model letter for hospital births for adoptions -- Dear Doctor and Medical Staff.doc (11427)
(.doc) VaccineTruth.net/letters/Model letter for hospital births for adoptions.doc
The birth plan arrangements and letter should be turned in before delivery date.
This "Refusal to Permit Medical Treatment" form below is optional.
It would be good idea to use the AFFIDAVIT below (rewritten in your own language.) AND a model birth plan letter from above.
Affidavit - Birth Exemptions
HTML (sample text) Affidavit to modify.
AFFIDAVIT in Microsoft Word (.doc) format. (may be modified)
If your Title and Paragraph number of your state law is not pasted above, click here for the link to your state law.
HTML (sample text) Affidavit to modify.
AFFIDAVIT in Microsoft Word
(.doc) format. (may be modified)If your Title and Paragraph number of your state law is not pasted above, click here for the link to your state law.
Vitamin K Injection...
The prescribing information on Vitamin K shot states that fatalities are an adverse reaction according to the Merck pharmaceutical package insert.
"WARNING - INTRAVENOUS USE Severe reactions, including fatalities, have occurred during and immediately after the parenteral administration of AquaMEPHYTON® (Phytonadione)."Links to prescribing information for Vitamin K:
fatalities=death
http://vaclib.org/chapter/inserts.htm#vitK
Alternatives to Vitamin K Prophylaxis...
Although oral vitamin K is not licensed for use as a drug by the FDA, drops for oral administration are available. Typically, one drop contains 2 mg. of vitamin K. Contact a midwife in your area, or a birthing supply company (such as birthwithlove.com), or Scientific Botanicals (206 527-5521) where your health care provider can order liquid vitamin K directly.
Here's another much safer alternative that your chiropractor or naturopath can order for you. Or order directly from Amazon.com
Biotics Research, Bio-K Mulsion - 1 fl oz
A good organic whole food diet along with lots of leafy green vegetables is all that is necessary to prevent vitamin K deficiency in newborns.
Section 12.3 of New York State Law NYCRR, Title 10, Section 12.3 (Vitamin K prophylaxis)...
It's unclear whether invoking 42 USC 1983 could apply to the administeration of antibiotic eye drops.
Source: http://disc.server.com/Indices/149373.html (No longer active.)
"It has been shown that New York State Law currently forces medication that subjects healthy newborns to risks of life threatening side effects. New York State Law NYCRR, Title 10, Section 12.3 violates longstanding traditions in medicine and law that protect free citizens from unwarranted and unhealthy intrusion. This law must be repealed, or ammended to explicitly provide parents the right to refuse medical prophylaxis. Article 78 of New York Civil Practice provides a mechanism for temporarily nullifying Section 12.3. It is cumbersome and expensive, but may be the only legal option available to individuals within the courts of New York State. Another option is to sue under in Federal Court by invoking 42 USC 1983.FindLaw.com Article 78 of New York Civil Practice
Parents are justified in their right to refuse medication of their children to protect them from unnecessary harm."
It's unclear whether invoking 42 USC 1983 could apply to the administeration of antibiotic eye drops.
U.S. Code as of:
01/22/02
Section 1983. Civil action for deprivation of rights
Every person who, under color of any statute, ordinance,
regulation, custom, or usage, of any State or Territory or the
District of Columbia, subjects, or causes to be subjected, any
citizen of the United States or other person within the
jurisdiction thereof to the deprivation of any rights, privileges,
or immunities secured by the Constitution and laws, shall be liable
to the party injured in an action at law, suit in equity, or other
proper proceeding for redress, except that in any action brought
against a judicial officer for an act or omission taken in such
officer's judicial capacity, injunctive relief shall not be granted
unless a declaratory decree was violated or declaratory relief was
unavailable. For the purposes of this section, any Act of Congress
applicable exclusively to the District of Columbia shall be
considered to be a statute of the District of Columbia.
Hepatitis B Vaccine
"Letter to hospital administrators from the Immunization Program on the NYS Dept of Health website:"
http://www.health.state.ny.us/professionals/hospital_administrator/letters/2003/administrator/2003-10-02_new_program_hepb_vaccine_newborn.pdf
"Scroll down to the paragraph that admits: "Your policy must clearly state that hepatitis B vaccine is to be offered to all newborns. As with all childhood immunizations, medical and religious exemptions are recognized in our state, and because the administration of hepatitis B vaccine at birth is recommended, but not mandated by state law, some parents may choose to defer immunization until a later time."
"...hepatitis B vaccine at birth is recommended, but not mandated by state law..."
http://www.health.state.ny.us/professionals/hospital_administrator/letters/2003/administrator/2003-10-02_new_program_hepb_vaccine_newborn.pdf
"Scroll down to the paragraph that admits: "Your policy must clearly state that hepatitis B vaccine is to be offered to all newborns. As with all childhood immunizations, medical and religious exemptions are recognized in our state, and because the administration of hepatitis B vaccine at birth is recommended, but not mandated by state law, some parents may choose to defer immunization until a later time."
"...hepatitis B vaccine at birth is recommended, but not mandated by state law..."
See Birth Plans for more information on avoiding Hep B Vaccination at birth
Eyedrops
Some states require Prophylaxis against Gonococcal OPHTHALMIA NEONATORUM.
A discussion of medical and legal issues regarding Silver Nitrate in the eyes of the newborn is here:
PDF file: Statutory Law USA: Requiring Silver Nitrate in Eyes of Newborns at: http://www.rbs2.com/SilvNitr.pdf
Written by Dr. Ronald B. Standler, attorney in Massachusetts and consultant
Blog type discussion of pros and cons of eyedrops for newborn is here: http://answers.google.com/answers/threadview/id/20050.html
New Born Screening
U.S. states now require screening of newborn babies for specific diseases.
Conditions and legal status of "requirement" of newborn to be screened for each state:
National Newborn Screening Status Report - http://genes-r-us.uthscsa.edu/sites/genes-r-us/files/nbsdisorders.pdf
Newborn Genetic Screening Privacy Laws
(includes links to laws for various states)
Archived Copy: http://web.archive.org/web/20130603035608/http://www.ncsl.org/issues-research/health/newborn-genetic-and-metabolic-screening-laws.aspx
Newborn screening From Wikipedia, the free encyclopedia
http://en.wikipedia.org/wiki/Newborn_screening
Federal NewBorn Screening Law (from Families of Spinal Muscular Atrophy)
http://www.fsma.org
Religious Exemption from newborn screening allowed.
N.Y. Public Health Law § 2500-a
Appendix A
Public Health Law 2500-a
NYCRR 10, Section 69-1 (02/01/1997)
2500-a Test for phenylketonuria and other diseases and conditions.
(b) The provisions of this section shall not apply in the case of any infant or child whose parent of guardian is a member of a recognized religious organization whose teachings and tenets are contrary to the testing herein required and who notifies the person charged with having such test administered of his objections thereto.
Newborn Screening in New York State
A Guide for Health Professionals
(.pdf) http://www.wadsworth.org/newborn/pdf/phyguidelines.pdf
IMPORTANT! Please download this if you're expecting a child or know someone who is!
Refusal of Newborn Screening. Guide Appendices from the Physicians Guidelines. Page 15 of the pdf document is the legal refusal. This proves to the hospital that religious exemption/refusal is allowed for newborn screening in New York State.
Can use with the Model Birth Plan letters.
Appendices for the Guide
(PDF file size: 3.3M)
Appendix A Public Health Law 2500-a, NYCRR 10, Section 69-1 (02/01/1997)
Appendix F
Refusal of Newborn Screening
Sample Form
Page 15 of the pdf document
(.pdf) http://www.wadsworth.org/newborn/pdf/guideappendices.pdf
N.Y. Public Health Law § 2500-a
Appendix A
Public Health Law 2500-a
NYCRR 10, Section 69-1 (02/01/1997)
2500-a Test for phenylketonuria and other diseases and conditions.
(b) The provisions of this section shall not apply in the case of any infant or child whose parent of guardian is a member of a recognized religious organization whose teachings and tenets are contrary to the testing herein required and who notifies the person charged with having such test administered of his objections thereto.
Newborn Screening in New York State
A Guide for Health Professionals
(.pdf) http://www.wadsworth.org/newborn/pdf/phyguidelines.pdf IMPORTANT! Please download this if you're expecting a child or know someone who is!
Refusal of Newborn Screening. Guide Appendices from the Physicians Guidelines. Page 15 of the pdf document is the legal refusal. This proves to the hospital that religious exemption/refusal is allowed for newborn screening in New York State.
Can use with the Model Birth Plan letters.
Appendices for the Guide
(PDF file size: 3.3M)
Appendix A Public Health Law 2500-a, NYCRR 10, Section 69-1 (02/01/1997)
Appendix F
Refusal of Newborn Screening
Sample Form
Page 15 of the pdf document
(.pdf) http://www.wadsworth.org/newborn/pdf/guideappendices.pdf
Help for NY State Birth Mandate Laws, Hospital Policies, and Midwifery Resources:
NY_StateResource: information and contact
(.doc) 