BILL NUMBER: SB 277	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Pan and Allen
   (Principal coauthor: Assembly Member Gonzalez)
   (Coauthors: Senators Beall, Block, De León, Hall, Hertzberg, Hill,
Jackson, Leno, McGuire, Mitchell, Stone, Wieckowski, and Wolk)
   (Coauthors: Assembly Members Baker, Chiu, Cooper, Low, McCarty,
Nazarian, Rendon, Mark Stone, and Wood)

                        FEBRUARY 19, 2015

   An act to add Section 48980.5 to the Education Code, and to amend
Section 120325 of, and to repeal and add Section 120365 of, the
Health and Safety Code, relating to public health.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 48980.5 is added to the Education Code, to
read:
   48980.5.  The notification required pursuant to Section 48980
shall also include the immunization rates for the school in which a
pupil is enrolled for each of the immunizations required pursuant to
Section 120335 of the Health and Safety Code.
  SEC. 2.  Section 120325 of the Health and Safety Code is amended to
read:
   120325.  In enacting this chapter, but excluding Section 120380,
and in enacting Sections 120400, 120405, 120410, and 120415, it is
the intent of the Legislature to provide:
   (a) A means for the eventual achievement of total immunization of
appropriate age groups against the following childhood diseases:
   (1) Diphtheria.
   (2) Hepatitis B.
   (3) Haemophilus influenzae type b.
   (4) Measles.
   (5) Mumps.
   (6) Pertussis (whooping cough).
   (7) Poliomyelitis.
   (8) Rubella.
   (9) Tetanus.
   (10) Varicella (chickenpox).
   (11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
   (b) That the persons required to be immunized be allowed to obtain
immunizations from whatever medical source they so desire, subject
only to the condition that the immunization be performed in
accordance with the regulations of the department and that a record
of the immunization is made in accordance with the regulations.
   (c) Exemptions from immunization for medical reasons  or
because of personal beliefs  .
   (d) For the keeping of adequate records of immunization so that
health departments, schools, and other institutions, parents or
guardians, and the persons immunized will be able to ascertain that a
child is fully or only partially immunized, and so that appropriate
public agencies will be able to ascertain the immunization needs of
groups of children in schools or other institutions.
   (e) Incentives to public health authorities to design innovative
and creative programs that will promote and achieve full and timely
immunization of children.
  SEC. 3.  Section 120365 of the Health and Safety Code is repealed.

   120365.  (a) Immunization of a person shall not be required for
admission to a school or other institution listed in Section 120335
if the parent or guardian or adult who has assumed responsibility for
his or her care and custody in the case of a minor, or the person
seeking admission if an emancipated minor, files with the governing
authority a letter or affidavit that documents which immunizations
required by Section 120355 have been given and which immunizations
have not been given on the basis that they are contrary to his or her
beliefs.
   (b) On and after January 1, 2014, a form prescribed by the State
Department of Public Health shall accompany the letter or affidavit
filed pursuant to subdivision (a). The form shall include both of the
following:
   (1) A signed attestation from the health care practitioner that
indicates that the health care practitioner provided the parent or
guardian of the person who is subject to the immunization
requirements of this chapter, the adult who has assumed
responsibility for the care and custody of the person, or the person
if an emancipated minor, with information regarding the benefits and
risks of the immunization and the health risks of the communicable
diseases listed in Section 120335 to the person and to the community.
This attestation shall be signed not more than six months before the
date when the person first becomes subject to the immunization
requirement for which exemption is being sought.
   (2) A written statement signed by the parent or guardian of the
person who is subject to the immunization requirements of this
chapter, the adult who has assumed responsibility for the care and
custody of the person, or the person if an emancipated minor, that
indicates that the signer has received the information provided by
the health care practitioner pursuant to paragraph (1). This
statement shall be signed not more than six months before the date
when the person first becomes subject to the immunization
requirements as a condition of admittance to a school or institution
pursuant to Section 120335.
   (c) The following shall be accepted in lieu of the original form:
   (1) A photocopy of the signed form.
   (2) A letter signed by a health care practitioner that includes
all information and attestations included on the form.
   (d) Issuance and revision of the form shall be exempt from the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
   (e) When there is good cause to believe that the person has been
exposed to one of the communicable diseases listed in subdivision (a)
of Section 120325, that person may be temporarily excluded from the
school or institution until the local health officer is satisfied
that the person is no longer at risk of developing the disease.
   (f) For purposes of this section, "health care practitioner" means
any of the following:
   (1) A physician and surgeon, licensed pursuant to Section 2050 of
the Business and Professions Code.
   (2) A nurse practitioner who is authorized to furnish drugs
pursuant to Section 2836.1 of the Business and Professions Code.
   (3) A physician assistant who is authorized to administer or
provide medication pursuant to Section 3502.1 of the Business and
Professions Code.
   (4) An osteopathic physician and surgeon, as defined in the
Osteopathic Initiative Act.
   (5) A naturopathic doctor who is authorized to furnish or order
drugs under a physician and surgeon's supervision pursuant to Section
3640.5 of the Business and Professions Code.
   (6) A credentialed school nurse, as described in Section 49426 of
the Education Code. 
  SEC. 4.  Section 120365 is added to the Health and Safety Code, to
read:
   120365.  (a) Immunization of a person shall not be required for
admission to a school or other institution listed in Section 120335
if the parent or guardian or adult who has assumed responsibility for
his or her care and custody in the case of a minor, or the person
seeking admission if an emancipated minor, files with the governing
authority a letter or affidavit that documents which immunizations
required by Section 120355 have been given and which immunizations
have not been given pursuant to an exemption from immunization for
medical reasons.
   (b) When there is good cause to believe that the person has been
exposed to one of the communicable diseases listed in subdivision (a)
of Section 120325, that person may be temporarily excluded from the
school or institution until the local health officer is satisfied
that the person is no longer at risk of developing the disease.
  SEC. 5.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
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