120372.
(a) (1) By July 1, 2020, the department shall develop and make available for use by licensed physicians and surgeons a statewide standardized medical exemption request form. Notwithstanding Section 120370, commencing January 1, 2021, it shall be the only medical exemption documentation that a governing authority may accept, except as provided in paragraph (2) of subdivision (c). A medical exemption request form shall be approved or denied only by the State Public Health Officer or the public health officer’s designee, upon a determination that the request provides sufficient medical evidence that the immunization is contraindicated or there exists a specific precaution regarding a particular
immunization, based on guidelines of the federal Centers for Disease Control and Prevention (CDC).(2) At a minimum, the form shall require all of the following information:
(A) The name, medical license number, and business address and telephone number, of the licensed physician and surgeon.
(B) The name of the child for whom the exemption is sought and the name of the child’s parent or guardian.
(C) A statement certifying that the licensed physician and surgeon has personally examined the child.
(D) A description of the medical reason for which the exemption is sought.
(E) An authorization for the release of records related to the medical exemption by the physician and surgeon to the department and the California Medical Board.
(b) (1) Commencing January 1, 2021, if a parent or guardian requests a licensed physician and surgeon to request a medical exemption for the parent’s or guardian’s child, the physician and surgeon shall inform the parent or guardian of the requirements of this section. If the parent or guardian consents, the physician and surgeon shall examine the child and submit a completed medical exemption request form to the department. A medical exemption request form may be submitted to the department at any time.
(2) The State Public Health Officer or designee shall review the completed request form and provide the physician and surgeon with notification approving or denying the medical exemption request. If the medical exemption request is denied, the reason for the denial shall be included in the notification.
(3) The denial of a request for a medical exemption may be appealed to the State Public Health Officer.
(4) For purposes of filing an appeal, the physician and surgeon may submit additional information to the department within 30 days from the notification for further review by the State Public Health Officer or designee.
(c) (1) By
December 31, 2020, the department shall create and maintain a database of medical exemption requests approved pursuant to this section. The department shall make the information in the database accessible to local public health officers.
(2) If a medical exemption has been authorized pursuant to Section 120370 prior to the adoption of the statewide standardized form, the parent or guardian shall submit, by December 31, 2020, a copy of that medical exemption to the department for inclusion in the database in order for the medical exemption to remain valid.
(d) If the State Public Health Officer or a local public health officer determines that a medical exemption submitted to the department is fraudulent or inconsistent with applicable CDC guidelines, as specified in paragraph (1)
of subdivision (a), the State Public Health Officer or local public health officer may revoke the medical exemption.
(e) The department, in consultation with local educational agencies and local public health officers, shall develop a process for a parent or guardian to request a medical exemption and the department to expeditiously approve or deny the request and communicate its decision in a timely manner to the school district and the parent or guardian.
(f) In administering this section, the department shall comply with all applicable state and federal privacy laws, including, but not limited to, the Confidentiality of Medical Information Act (Part 2.6 (commencing with Section 56) of Division 1 of the Civil Code), the federal Health Insurance Portability and Accountability
Act of 1996 (Public Law 104-191), and Sections 827, 5328, and 10850 of the Welfare and Institutions Code.
(g) This section does not require the department to review or approve any medical exemption that is granted by a physician and surgeon before January 1, 2021.