SB 277, as introduced, Pan. Public health: vaccinations.
(1) Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her admission to that institution he or she has been fully immunized against various diseases, including measles, mumps, and pertussis, subject to any specific age criteria. Existing law authorizes an exemption from those provisions for medical reasons or because of personal beliefs, if specified forms are submitted to the governing authority.
This bill would eliminate the exemption from immunization based upon personal beliefs. The bill would make conforming changes to related provisions.
(2) Existing law requires the governing board of a school district, at the beginning of the first semester or quarter of the regular school term, to make certain notifications to parents or guardians of minor pupils including, among others, specified rights and responsibilities of a parent or guardian and specified school district policies and procedures.
This bill would require the governing board of a school district to also include in the notifications provided to parents or guardians of minor pupils at the beginning of the regular school term the immunization rates for the school in which a pupil is enrolled for each required immunization. By requiring school districts to notify parents or guardians of school immunization rates, the bill would impose a state-mandated local program.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 48980.5 is added to the Education Code,
The notification required pursuant to Section 48980
4shall also include the immunization rates for the school in which
5a pupil is enrolled for each of the immunizations required pursuant
6to Section 120335 of the Health and Safety Code.
Section 120325 of the Health and Safety Code is
8amended to read:
In enacting this chapter, but excluding Section 120380,
10and in enacting Sections 120400, 120405, 120410, and 120415, it
11is the intent of the Legislature to provide:
12(a) A means for the eventual achievement of total immunization
13of appropriate age groups against the following childhood diseases:
15(2) Hepatitis B.
16(3) Haemophilus influenzae type b.
19(6) Pertussis (whooping cough).
P3 1(7) Poliomyelitis.
4(10) Varicella (chickenpox).
5(11) Any other disease deemed appropriate by the department,
6taking into consideration the recommendations of the Advisory
7Committee on Immunization Practices of the United States
8Department of Health and Human Services, the American Academy
9of Pediatrics, and the American Academy of Family Physicians.
10(b) That the persons required to be immunized be allowed to
11obtain immunizations from whatever medical source they so desire,
12subject only to the condition that the immunization be performed
13in accordance with the regulations of the department and that a
14record of the immunization is made in accordance with the
16(c) Exemptions from immunization for medical reasons
begin delete or .
17because of personal beliefsend delete
18(d) For the keeping of adequate records of immunization so that
19health departments, schools, and other institutions, parents or
20guardians, and the persons immunized will be able to ascertain
21that a child is fully or only partially immunized, and so that
22appropriate public agencies will be able to ascertain the
23immunization needs of groups of children in schools or other
25(e) Incentives to public health authorities to design innovative
26and creative programs that will promote and achieve full and timely
27immunization of children.
Section 120365 of the Health and Safety Code is
(a) Immunization of a person shall not be required
31for admission to a school or other institution listed in Section
32120335 if the parent or guardian or adult who has assumed
33responsibility for his or her care and custody in the case of a minor,
34or the person seeking admission if an emancipated minor, files
35with the governing authority a letter or affidavit that documents
36which immunizations required by Section 120355 have been given
37and which immunizations have not been given on the basis that
38they are contrary to his or her beliefs.
39(b) On and after January 1, 2014, a form prescribed by the State
40Department of Public Health shall accompany the letter or affidavit
P4 1filed pursuant to subdivision (a). The form shall include both of
3(1) A signed attestation from the health care practitioner that
4indicates that the health care practitioner provided the parent or
5guardian of the person who is subject to the immunization
6requirements of this chapter, the adult who has assumed
7responsibility for the care and custody of the person, or the person
8if an emancipated minor, with information regarding the benefits
9and risks of the immunization and the health risks of the
10communicable diseases listed in Section 120335 to the person and
11to the community. This attestation shall be signed not more than
12six months before the date when the person first becomes subject
13to the immunization requirement for which exemption is being
15(2) A written statement signed by the parent or guardian of the
16person who is subject to the immunization requirements of this
17chapter, the adult who has assumed responsibility for the care and
18 custody of the person, or the person if an emancipated minor, that
19indicates that the signer has received the information provided by
20the health care practitioner pursuant to paragraph (1). This
21statement shall be signed not more than six months before the date
22when the person first becomes subject to the immunization
23requirements as a condition of admittance to a school or institution
24pursuant to Section 120335.
25(c) The following shall be accepted in lieu of the original form:
26(1) A photocopy of the signed form.
27(2) A letter signed by a health care practitioner that includes all
28information and attestations included on the form.
29(d) Issuance and revision of the form shall be exempt from the
30rulemaking provisions of the Administrative Procedure Act
31 (Chapter 3.5 (commencing with Section 11340) of Part 1 of
32Division 3 of Title 2 of the Government Code).
33(e) When there is good cause to believe that the person has been
34exposed to one of the communicable diseases listed in subdivision
35(a) of Section 120325, that person may be temporarily excluded
36from the school or institution until the local health officer is
37satisfied that the person is no longer at risk of developing the
39(f) For purposes of this section, “health care practitioner” means
40any of the following:
P5 1(1) A physician and surgeon, licensed pursuant to Section 2050
2of the Business and Professions Code.
3(2) A nurse practitioner who is authorized to furnish drugs
4pursuant to Section 2836.1 of the Business and Professions Code.
5(3) A physician assistant who is authorized to administer or
6provide medication pursuant to Section 3502.1 of the Business
7and Professions Code.
8(4) An osteopathic physician and surgeon, as defined in the
9Osteopathic Initiative Act.
10(5) A naturopathic doctor who is authorized to furnish or order
11drugs under a physician and surgeon’s supervision pursuant to
12Section 3640.5 of the Business and Professions Code.
13(6) A credentialed school nurse, as described in Section 49426
14of the Education Code.
Section 120365 is added to the Health and Safety Code,
(a) Immunization of a person shall not be required
18for admission to a school or other institution listed in Section
19120335 if the parent or guardian or adult who has assumed
20responsibility for his or her care and custody in the case of a minor,
21or the person seeking admission if an emancipated minor, files
22with the governing authority a letter or affidavit that documents
23which immunizations required by Section 120355 have been given
24and which immunizations have not been given pursuant to an
25exemption from immunization for medical reasons.
26(b) When there is good cause to believe that the person has been
27exposed to one of the communicable diseases listed in subdivision
28(a) of Section 120325, that person may be temporarily excluded
29from the school or institution until the local health officer is
30satisfied that the person is no longer at risk of developing the
If the Commission on State Mandates determines that
33this act contains costs mandated by the state, reimbursement to
34local agencies and school districts for those costs shall be made
35pursuant to Part 7 (commencing with Section 17500) of Division
364 of Title 2 of the Government Code.
Corrected 2-20-15—See last page. 99