OPINION
New Zealand Doctors Speaking Out with Science
We have discovered some tricks the government used to remove the legal requirement forĀ informed consent. But not the moral one, of course.
Prior to Covid-19, a person authorised to administer a vaccine in an approved immunisation programme needed to fulfil certain criteria and have certain skills as per section 44 A of the Medicine Regulations 1984.
These are below:
44A(2)
(a) can carry out basic emergency techniques including resuscitation and the treatment of anaphylaxis; and
(b) has knowledge of the safe and effective handling of immunisation products and equipment; and
(c) can demonstrate clinical interpersonal skills; and
(d) has knowledge of the relevant diseases and vaccines in order to be able to explain the vaccination to the patient, or to the parent or guardian of the patient who is to consent to the vaccination on behalf of the patient, to ensure that the patient or the parent or guardian of the patient can give informed consent to the vaccination.
In May 2021 a new section āĀ Section 44 ABĀ ā was inserted into the legislation and this was titled āAuthorisation ofĀ COVID-19 vaccinatorsā.Ā The law applying to these new vaccinators was different.Ā
The new covid vaccinators did not haveĀ to demonstrate āclinical interpersonal skillsā or āhave knowledge of the relevant diseases and vaccinesā.Ā
They didnāt have to be able to explain the risks, benefits, uncertainties and alternatives as required as part of informed consent.Ā
They just had to beĀ competent in basic emergency techniques including resuscitation and treatment of anaphylaxis and know how to handle immunisation products.
44AB(2)(b)
(i) the person can carry out basic emergency techniques, including resuscitation and the treatment of anaphylaxis; and
(ii) the person has knowledge of the safe and effective handling of immunisation products and equipment.
In May 2022 a further new section was added āĀ Section 44 AAĀ ā titled āAlternative authorisation of vaccinatorsā.Ā Once again, under this section, a person authorised to administer a variety of vaccinations doesnāt have to know anything about the risks and benefits of the contents of the vial.Ā They just have toĀ be able to poke a needle in someoneās arm and inject whatever is in the syringe.
In theory these new types of āvaccinatorsā are working under the supervision of someone who does have the required knowledge and ethical foundation to be able to provide proper informed consent, but in reality, how would you know unless you interrogated them?
So, it seems that the government removed the lawful requirement for informed consent, just at a time when it had never mattered more.Ā
New Zealanders need to be asking lots of questions and demanding an explanation. We suspect most of the 26,440 who upped sleeves last week for their 5th dose (this time the latest ābivalent boosterā ā the one supposed to protect against variants long departedĀ and being especially pushed onto the pregnant) did not ask much, preferring just to trust.Ā
āItās just an appleā, said the snake.