I have some difficult personal and professional news and am finally asking for a little help. On the professional front, stemming from my efforts trying to champion the cause for children on the Central Coast and throughout California that needed exemptions while the medical industry sorted out the effectiveness and safety of vaccines for immune compromised children. That has been my fight since 2017. This October, on the 31st, the Medical Board forced a retirement, despite my attempts to negotiate another solution, due to my position and actions between 2017 and 2020 on Vaccine Medical Exemptions. These exemptions were authorized in California law originally by Senate Bill 277 (SB277), which eliminated parents’ personal and religious exemptions, in essence taking away a parent’s right to refuse one of the 69 mandated vaccines between birth and age 18. In its place, the law provided a mechanism for a parent to go to any licensed physician to seek a Medical Exemption, based on that physician’s evaluation of the child’s medical history, health and the family’s medical history. After studying the issues, numerous published studies on both the pros and cons, I understood parents’ concerns. Many of these parents had studied the medical risks and benefits, and likely were more educated and informed on the potential risks of these childhood vaccinations than even their child’s pediatrician.  

I remain neither “anti-vax” nor “pro-vax,” though I am certainly “pro-choice,” believing that a well-informed parent should have the right to choose whether to accept particular vaccinations, or to refuse them, which is the essence of the fundamental medical practice of “informed consent.” This essential step requires physicians to inform patients of the risk, benefits, and alternatives of any medical procedure or treatment, and in the end, allow the patient to make their own choice. SB277 effectively took away that last step, “choice” and instead mandated the vaccinations on their children, unless they could present their case to a physician willing to listen and act. I was one of those physicians. As of January 1st, 2020, California law was again amended to take away even that option, so we followed the law and stopped issuing medical exemptions. However, the Medical Board then started investigating those physicians who followed both the letter and intent of SB277, to seek to discipline those doctors in some form. I was one of those doctors and chose to accept a mandatory retirement in lieu of having the case “prosecuted” by the Attorney General’s office to avoid the likely outcomes, mental stress of a hearing in court, by the Office of Administrative Hearings (OAH), as well as the substantial costs involved. However, I had intended to present my case before the Medical Board at one of their monthly meetings, where a finalized decision is made based on the recommendations of the OAH, as was my right. For whatever reason, the Medical Board without even notifying me, took action, without allowing me to present my case, that was effective on October 31st. I still have not been notified of their decision directly by the Board but will continue to attempt to investigate why my right to present my own case was not granted.  

Though somewhat lengthy, I believe all of my patients and supporters deserve to hear the details, so I will attempt to do that here:  

Here is what happened in my case: After 2017, under Senate Bill 277, parents had lost personal belief exemptions, taking away their freedom of choosing which of the 69+ vaccines, now required between birth and 18. This forced parents to subject their children to these vaccines (despite documented neurological disorders and a dramatic increase in Autism, which seemed to follow directly with the increases in the number of vaccines now required, especially the MMR.) Even though associations were strong between the two, the rise of vaccine numbers and the rise of autism, we had difficulty finding the actual mechanism, so rather than really study this in more detail, organizations such as the CDC simply discarded the brewing evidence and once again have simply called all vaccines safe.  

So, whether to risk vaccinating every child, including those who had definitive personality changes immediately following administration of the vaccines as well as definite behavioral changes, the new law now had taken that choice away from parents and fortunately placed the choice in the hands of any interested physician, who then could prepare Medical Exemptions after gathering the child's history TO INCLUDE family history and conduct a good faith physical and exam of the child, then study the info provided by these direct and indirect parents' concerns, available data, and the child's family history.  

To assist with that evaluation, a group of science-oriented doctors, created Physicians for Informed Consent (PIC) formed initially in Laguna Beach in 2017 to help guide parents and doctors on how to the navigate this new minefield. We established criteria we thought were sound in considering each child's background to then issue a Medical Exemption if appropriate.  

During this time, I met with close to numerous families over 3 years and issued a number of Medical Exemptions. I don't consider myself either anti-vax or pro-vax, but I do strongly believe this decision should ultimately be made by the parents, whether to do some, all, none, or even just adjust their own timetable.  

However, in the fall of 2019, SB276 and SB714 were passed by the State Assembly, the State Senate, then signed into law by California Governor Gavin Newsome, to be effective January 1, 2020. This new law virtually eliminated any medical exemptions that would be anywhere close to reasonable, now forcing parents to vaccinate their kids against their will.  

Those families who already had exemptions, would be grandfathered in, but in essence, no new comprehensive exemptions would be approved.  

But that wasn't far enough. The California Medical Board wanted the names of the numerous patients that I had treated to provide medical exemption letters, based on sound science, but not necessarily accepted by the CDC. (As well as many other doctors.) Those patients who were grandfathered and continued to benefit from those legal exemptions, issued under the law between 2017 and 2020, would now be reviewed and likely revoked.  

I refused to provide names and records so the vast majority still can benefit from their "shield." Yet the Medical Board, thru HIPAA violations from a few school nurses (not a single patient complained) found the names of 11 patients in three families and turned that over to an investigation by the Medical Board on those 11 patients and in response, after a long battle, now as of October 31 have now taken my license and forced retirement. I made a promise to those families that I would protect their privacy even to the point of going to jail if need be.  

This is something I strongly believe in and refused to violate my personal integrity and my promise. The Board's justification was that I committed gross negligence by not rigidly following the "standard of care" as defined by the CDC, even though the law between 2017 and 2020 did not require consulting CDC "guidelines."  

This is not a legal matter, as the law was followed, this had become an opinion from a Pediatrician State-hired Expert Witness, a Professor at UC SanFrancisco (who likely hadn’t actually “treated” any actual patients, who stated though my exemptions were legal, they did not follow the "standard of care," or what most pediatricians would do, thus it characterized my actions "negligence" which the Medical Board can discipline. The Professor-expert even had the gall to state I was unqualified to treat kids, even though I trained in pediatrics and served kids in a combat zone that most pediatricians would never experience.  

California has been unyielding, punishing doctors who followed the law allowing for medical exemptions for both personal and family circumstances, by having an open, honest, free decision based upon the physician's judgment. Fortunately, politicians like Presidential Candidate RFK Jr, the position on the issue taken by every other state, and PIC (physicians for informed consent) and their attorneys all support the cause, but I am a small cog in the wheel. Yet, I refuse to give up the fight, if I can make any difference. First is protecting my patients who I promised in this fight, regardless of my own outcome, and then to help address those bigger issues supported by RFK Jr, our Constitution, the rights of our parents to choose the best care for their kids (affirmed by 49 other states), and own fundamental right of choice and informed consent.  

California attempted to control the narrative on what doctors could say in "informed consent" on Covid, but fortunately that was struct down by a Federal Court on the Grounds of the First Amendment. Otherwise, all doctors would have eventually been required to speak the "party line" and alternative medicine discussions with patients could have been sanctioned by the Medical Board. Only in California. 

But another state may be more accommodating, and that will likely be my goal. In addition, further in the fight, the Medical Board passed a law this year that places the costs of the accused physician’s investigation, now well over $130K, on the accused. 

With the devastating effects of covid and the substantial drops in revenue, my own personal health issues (including a severe Covid infection which landed me in the ICU in an induced coma, intubated and on a ventilator for 3 weeks, trying to help our kids (whose father, Amy’s ex-husband still sitting in jail in Oregon awaiting trial on 21 count of rape, incest, indecent acts and sexual abuse on her 6-yr old daughter and 7-year old son…disgusting and unbelievably traumatic on those innocent young lives), and legal fees, our savings and our investments are exhausted. 

My personal battle with Covid has been very trying. I know your well wishes, prayers and positive energies were truly felt, and I am very lucky to be alive, I know there must still be a plan for me. Damage was still done to my heart and lungs, and I fatigue easily still today. But Amy and I are fighters...we hope to soon be starting to train for a Marathon starting in likely March for the events in November/December 2024. To do this, and regain strength, stamina and maximize healing, we plan to really take the time to focus on restoring our health. It wasn't just my heart and lungs damaged....my pulse oxygenation runs low, 90-92%, making airline travel even more challenging without supplemental oxygen. Commercial airlines keep cabin pressure around 8000 feet, making a flight difficult for more than 90 mins to an hour. Fortunately, I do qualify to fly on military medevac flights, where I can use onboard oxygen. I believe I can maximize healing throughout my cardiovascular system by slowly training for a Marathon, keeping stress down. The ICU time had other effects..loosing some of my teeth (I have 11 extractions lined up by the VA) but again, with the time to fight back, where my real reward will be my health, with Amy right beside me. I'll also have immediate access to some of the best military hospitals in the world, like Tripler Army Hospital, the “pink hospital on the hill.” 

We already had to sell our home in Nipomo, downsize the clinic, and have already exhausted our savings in these legal battles. 

I hate to ask for help, but I have set up a GoFundMe account, trying to raise $50,000 to help me further this fight and continue to try to make a difference. I had told the Medical Board I would remain quiet, unless action was taken against me, so now I am free to write and be vocal, which I have started. 

 Anything you can donate can help here, giving Amy and I the chance to be more of a voice on these issues. I would also ask and encourage you to freely spread this link, not as much for money, as to share this story. I never advertised the possibility of exemptions....even though so many families heard by word of mouth, because at the time, we did not want to rock the boat too much and maybe limit how many families we could reach by being too vocal initially, but now I feel as many should hear of these travesties as possible. 

I will also use that free time to write....I have a lot to try to pass on with hormones, life in general, and a lifetime of experiences. My time in Special Operations, as a Test Pilot, Attack Helicopter Company Commander; Somalia; flying in Desert Storm; then returning once again as a Trauma Surgeon in Iraq; my battles with PTSD; and of course, the honor of serving you once more as a community physician, are all filled with some life lessons that I hope can translate into legible, entertaining prose, with be worth the effort. 

So in our desperate attempt to restore services to our patients, we have set up a Go-Fund-me account to attempt to raise money to continue our fight here. One solution for us may be to move to another state, get licensed there, in a state that allows interstate telemed visits, and one with stronger privacy laws, such as Tennessee. Our fees will be well over the $50,000 requested here, but one we think we can manage.  

As far as continuing some care, I can interpret labs, give some opinions, and even continue with Mona Lisa. I do have the clinic for a few more months, then may set up something in my house, same with thermography. In patients who already have a diagnosis, and a treatment plan, I can perform the technical procedures, but for a donation rather than a fee. 

 So, though it has always been very difficult and humiliating for me to ask for help, this Go Fund Me Account has been opened for both these personal and professional issues.   

Thank you so much for your consideration and generosity. 

 Dr Johnnie and Amy Ham