SAN FRANCISCO (CBS SF) – A doctor in San Francisco is under investigation for allegedly providing medical exemptions to get kids out of receiving vaccinations with an at-home genetics test.

San Francisco City Attorney Dennis Herrera announced Wednesday that he has subpoenaed anonymous medical records from Dr. Kenneth Stoller.

Herreras office is investigating whether Stoller violated state laws by providing medical exemptions for patients who didn’t qualify for them. Under a state law that took effect in 2016, students attending any public or private school in California must be vaccinated unless they qualify for a valid medical exemption approved by a physician.

Herrera says the doctor is a vocal opponent of vaccines and used 23andMe test results to fabricate exemptions for kids.

“There are children who have serious medical conditions that prevent them from getting vaccinated. The scary thing is those are the kids most at risk when somebody engages in medical exemption deception,” said Herrera in a press release. “If someone uses a medical exemption they don’t qualify for and introduces unvaccinated children into that environment, the kids who legitimately can’t get a vaccine — and ultimately the general public — are the ones in real danger.”

In an interview for an anti-vaccine website, Stoller said he based his medical exemption decisions off two 30-minute visits and a 23andMe genetic test. However, 23andMe notes numerous warnings for its tests on its website, including that: “The test is not intended to tell you anything about your current state of health, or to be used to make medical decisions, including whether or not you should take a medication, how much of a medication you should take, or determine any treatment.”

Stoller earned his degree from the American University of the Caribbean School of Medicine, according to state medical board records.

The investigation comes amid an unprecedented measles outbreak and growing concerns about low levels of vaccinations among children in the state.

KPIX 5 reached out to Stoller’s attorney, who said doctors have the right to use family history and genetics in vaccine exemptions. He called the investigation into his client a “political and opportunistic fishing expedition” and questioned the legal basis of the subpoena.

Comments (4)
  1. Jenna S. Closett says:

    I can’t believe this is America.

  2. Alicia Giovanni says:

    At home genetic test? I’m sorry this story is totally misleading. The sample is only collected at home and sent to a lab for genetic testing. People are not testing their own genes at home. That is ridiculous.

    23andMe has received FDA authorization in all four categories of DTC genetic tests felt to have an impact on medical care.

    These categories include genetic health risk, carrier screening, pharmacogenetics and cancer predisposition. Evaluation and regulation of DTC genetic tests by the FDA are based on analytic validity, clinical validity and how well a consumer understands the descriptive information about the test and its results without the participation of a HCP.

    23andMe is the only DTC genetic testing company to receive marketing authorization by the FDA in all four health categories.

    The 23andMe Personal Genetic Service has been designed to provide customers with accurate, high-quality data. 23andMe is not allowed by the FDA to diagnose any disease, that’s why you take your test to a trained MD like Dr. Stoller for a medical opinion.

    It’s outrageous to hear 5 kpix say personal genetics can’t be used for medical decisions. That’s the most absurd thing I have ever heard.

    Stop it with the FAKE NEWS KPIX. What happened to “INNOCENT UNTIL PROVEN GUILTY”