Texas Becomes First State to Require HPV Vaccine for Middle School Girls

Texas' 48th Governor, Rick Perry has bypassed the Legislature altogether to issue an order on Friday, February 2, 2007, requiring schoolgirls to be vaccinated against the sexually transmitted virus that causes cervical cancer. Perry was able to do this by employing an executive order and thus avoided having to deal with opposition from conservatives and parents' rights group, who have grave concerns that such a step is tantamount to condoning premarital sex as well as preempting the rights of Texans to raise their children according to their own belief systems.

Governor Perry is a conservative Christian. He opposes abortion and stem-cell research using embryonic cells. He feels, however, that the cervical cancer vaccine should be viewed in the same manner that we view protecting children against other diseases, such as polio.

"The HPV vaccine provides us with an incredible opportunity to effectively target and prevent cervical cancer," Perry said. "HPV" refers to Gardasil, Merck & Co.'s new vaccine against strains of the human papilloma virus.

Gardasil was approved by the federal government in June 2006. Inoculation for pre-teens was recommended by a government advisory panel, since it was felt that the best time to start was before they were likely to become sexually active.

Under the laws of the State of Texas, parents may file an affidavit objecting to a vaccine on religious or philosophical reasons. Despite these exceptions, conservative groups still feel that the vaccines are an encroachment on parents' rights.

Krista Moody, a spokeswoman for the Governor, said that the Legislature has no authority to repeal the Governor's order and that the Texas Constitution permits the Governor, as head of the executive branch, to order other members of the executive branch to adopt rules like this one.

Therefore, beginning in September 2008, girls entering the sixth grade, who are usually in the age range of 11 and 12 years, will be required to be inoculated with HPV. Perry's order also requires state health authorities to make the vaccine available free to girls 9 to 18 who are uninsured. It will be available to those whose insurance does not cover vaccines as well. He further ordered Medicaid to make Gardasil available to women ages 19 to 21.

New Jersey-based Merck could generate billions in sales if Gardasil is made mandatory across the United States. The cost of the vaccine is $360 for a three-shot regimen. Most insurance companies already cover the vaccine.

Many bills around the country have been introduced by members of Women in Government, an advocacy group made up of female state legislators. A spokeswoman for Merck, Janet Skidmore declined to reveal how much the company is spending on lobbyists. However, a top official of Merck's vaccine has a seat on Women in Government's business council.

Rick Perry's critics are quick to point out that he has ties to both Merck and Women in Government. Perry's former chief of staff, Mike Toomey, is one of the drug company's three lobbyists in Texas and his current chief of staff's mother-in-law, Texas Republican State Rep. Dianne White Delisi, is a state director for Women in Government.

Regardless of their opinions, Rick Perry's order is now in effect and will remain so until he or a successor changes it.