Brown University has announced mandatory vaccinations for all students this fall. Below is the announcement:
Starting in the Fall 2021 semester, Brown will require COVID-19 vaccines for all undergraduate, graduate and medical students who will be on campus or engage in any level of in-person instruction. Medical and religious exemptions from vaccination will be granted to students, and reasonable accommodations will be provided (as determined by applicable law). Undergraduate and graduate students who are not vaccinated and do not qualify for a medical or religious exemption will not be permitted to access campus and will need to either petition to study remotely from their permanent residence or take a leave of absence. Medical students who are not vaccinated will receive information specific to the circumstances of medical education from the Warren Alpert Medical School administration.
The COVID-19 vaccines are experimental vaccines. It is immoral to compel someone to take an experimental drug, vaccine, or experimental medical procedure of any kind. That concept has been memorialized in the Nuremberg Code. Aspects of the Nuremberg Code have been adopted into law in every civilized country, every state in the union, and the by the U.S. Government. It is against state and federal law to require a person to take the COVID-19 vaccine.
The COVID-19 vaccines have not been approved by the FDA. Not everyone understands that COVID-19 vaccines are “investigational vaccines” that have been authorized under an emergency use authorization (EUA) by the FDA. An investigational vaccine is how the FDA describes an experimental vaccine. Investigational vaccines being used under an EUA are “still in the testing and evaluation phase and are not licensed for use in the general public.” An unapproved vaccine that is still undergoing experimental trials can be authorized for use in an emergency by the FDA. Moderna, one of the COVID-19 vaccine manufacturers, explains in their fact sheet, the EUA legal status of the COVID-19 vaccines. “The Moderna COVID-19 Vaccine is an unapproved vaccine that may prevent COVID-19. There is no FDA-approved vaccine to prevent COVID-19.” The Pfizer-BioNtech fact sheet contains identical language.
Both Moderna and Pfizer-BioNtech explain that the recipient of the vaccine should be told that they have the option of accepting or refusing the experimental vaccines. They do that because it is a legal requirement. A person receiving the COVID-19 vaccine must be informed of its dangers and consent to being vaccinated. A person cannot be compelled to take the COVID-19 vaccine.
21 U.S. Code § 360bbb–3, which is the law governing the emergency use authorizations (EUA) of experimental vaccines, requires informed consent that is more limited than in the federal regulations on informed consent for medical experiments. But the statute nonetheless requires certain information be provided to the patient prior to vaccination and the patient has the option of withdrawing consent and refusing to be vaccinated. The statute, 21 U.S. Code § 360bbb–3(e)(1)(A)(i), requires informed consent for vaccines authorized under an EUA. That code section provides:
Appropriate conditions designed to ensure that individuals to whom the product is administered are informed—
(I) that the Secretary has authorized the emergency use of the product;
(II) of the significant known and potential benefits and risks of such use, and of the extent to which such benefits and risks are unknown; and
(III) of the option to accept or refuse administration of the product, of the consequences, if any, of refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.
21 U.S. Code § 360bbb–3(e)(1)(A)(i) (emphasis added)
Why is informed consent required for a vaccine under an EUA? Because those vaccines are investigational vaccines (a.k.a., experimental vaccines) whereby stage 3 trials are still being monitored. That is why the manufacturers of the COVID-19 vaccines authorized under the EUA are under a continuing obligation to report all serious adverse events, including death and hospitalizations that result from the EUA administration of the COVID-19 vaccines. The vaccines are still being studied for safety and effectiveness. A person cannot be compelled to take the vaccine under the threat of an educational sanction.
Brown University is located in Rhode Island. It is against the state law of Rhode Island to require a person to take part in a medical experiment, such as an experimental COVID-19 vaccine. The Health and Safety Code of Rhode Island states:
Except as otherwise provided in this subparagraph, if the health care facility proposes to use the patient in any human subjects research, it shall first thoroughly inform the patient of the proposal and offer the patient the right to refuse to participate in the project.
All who take the COVID-19 vaccine are taking an experimental vaccine and by definition are taking part in a medical experiment. All residents of Rhode Island have the right to refuse to take part in any medical experiment, including the experimental COVID-19 vaccine.