Bill Text: CA SB277 | 2015-2016 | Regular Session | Chaptered
Bill Title: Public health: vaccinations.
Spectrum: Strong Partisan Bill (Democrat 27-2)
Status: (Passed) 2015-06-30 - Chaptered by Secretary of State. Chapter 35, Statutes of 2015. [SB277 Detail]
Download: California-2015-SB277-Chaptered.html
BILL NUMBER: SB 277 CHAPTERED
BILL TEXT
CHAPTER 35
FILED WITH SECRETARY OF STATE JUNE 30, 2015
APPROVED BY GOVERNOR JUNE 30, 2015
PASSED THE SENATE JUNE 29, 2015
PASSED THE ASSEMBLY JUNE 25, 2015
AMENDED IN ASSEMBLY JUNE 18, 2015
AMENDED IN ASSEMBLY JUNE 11, 2015
AMENDED IN SENATE MAY 7, 2015
AMENDED IN SENATE MAY 5, 2015
AMENDED IN SENATE APRIL 22, 2015
AMENDED IN SENATE APRIL 9, 2015
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, Bloom, Chiu, Cooper, Cristina
Garcia, Jones-Sawyer, Low, McCarty, Nazarian, Quirk, Rendon, Mark
Stone, and Wood)
FEBRUARY 19, 2015
An act to amend Sections 120325, 120335, 120370, and 120375 of, to
add Section 120338 to, and to repeal Section 120365 of, the Health
and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 277, Pan. Public health: vaccinations.
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. Existing
law requires the governing authority of a school or other
institution to require documentary proof of each entrant's
immunization status. Existing law authorizes the governing authority
of a school or other institution to temporarily exclude a child from
the school or institution if the authority has good cause to believe
that the child has been exposed to one of those diseases, as
specified.
This bill would eliminate the exemption from existing specified
immunization requirements based upon personal beliefs, but would
allow exemption from future immunization requirements deemed
appropriate by the State Department of Public Health for either
medical reasons or personal beliefs. The bill would exempt pupils in
a home-based private school and students enrolled in an independent
study program and who do not receive classroom-based instruction,
pursuant to specified law from the prohibition described above. The
bill would allow pupils who, prior to January 1, 2016, have a letter
or affidavit on file at a private or public elementary or secondary
school, child day care center, day nursery, nursery school, family
day care home, or development center stating beliefs opposed to
immunization, to be enrolled in any private or public elementary or
secondary school, child day care center, day nursery, nursery school,
family day care home, or development center within the state until
the pupil enrolls in the next grade span, as defined. Except as under
the circumstances described above, on and after July 1, 2016, the
bill would prohibit a governing authority from unconditionally
admitting to any of those institutions for the first time or
admitting or advancing any pupil to the 7th grade level, unless the
pupil has been immunized as required by the bill. The bill would
specify that its provisions do not prohibit a pupil who qualifies for
an individualized education program, pursuant to specified laws,
from accessing any special education and related services required by
his or her individualized education program. The bill would narrow
the authorization for temporary exclusion from a school or other
institution to make it applicable only to a child who has been
exposed to a specified disease and whose documentary proof of
immunization status does not show proof of immunization against one
of the diseases described above. The bill would make conforming
changes to related provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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.
(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. 2. Section 120335 of the Health and Safety Code is amended to
read:
120335. (a) As used in this chapter, "governing authority" means
the governing board of each school district or the authority of each
other private or public institution responsible for the operation and
control of the institution or the principal or administrator of each
school or institution.
(b) The governing authority shall not unconditionally admit any
person as a pupil of any private or public elementary or secondary
school, child care center, day nursery, nursery school, family day
care home, or development center, unless, prior to his or her first
admission to that institution, he or she has been fully immunized.
The following are the diseases for which immunizations shall be
documented:
(1) Diphtheria.
(2) Haemophilus influenzae type b.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(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.
(c) Notwithstanding subdivision (b), full immunization against
hepatitis B shall not be a condition by which the governing authority
shall admit or advance any pupil to the 7th grade level of any
private or public elementary or secondary school.
(d) The governing authority shall not unconditionally admit or
advance any pupil to the 7th grade level of any private or public
elementary or secondary school unless the pupil has been fully
immunized against pertussis, including all pertussis boosters
appropriate for the pupil's age.
(e) The department may specify the immunizing agents that may be
utilized and the manner in which immunizations are administered.
(f) This section does not apply to a pupil in a home-based private
school or a pupil who is enrolled in an independent study program
pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5
of Part 28 of the Education Code and does not receive classroom-based
instruction.
(g) (1) A pupil who, prior to January 1, 2016, submitted a letter
or affidavit on file at a private or public elementary or secondary
school, child day care center, day nursery, nursery school, family
day care home, or development center stating beliefs opposed to
immunization shall be allowed enrollment to any private or public
elementary or secondary school, child day care center, day nursery,
nursery school, family day care home, or development center within
the state until the pupil enrolls in the next grade span.
(2) For purposes of this subdivision, "grade span" means each of
the following:
(A) Birth to preschool.
(B) Kindergarten and grades 1 to 6, inclusive, including
transitional kindergarten.
(C) Grades 7 to 12, inclusive.
(3) Except as provided in this subdivision, on and after July 1,
2016, the governing authority shall not unconditionally admit to any
of those institutions specified in this subdivision for the first
time, or admit or advance any pupil to 7th grade level, unless the
pupil has been immunized for his or her age as required by this
section.
(h) This section does not prohibit a pupil who qualifies for an
individualized education program, pursuant to federal law and Section
56026 of the Education Code, from accessing any special education
and related services required by his or her individualized education
program.
SEC. 3. Section 120338 is added to the Health and Safety Code, to
read:
120338. Notwithstanding Sections 120325 and 120335, any
immunizations deemed appropriate by the department pursuant to
paragraph (11) of subdivision (a) of Section 120325 or paragraph (11)
of subdivision (b) of Section 120335, may be mandated before a pupil'
s first admission to any private or public elementary or secondary
school, child care center, day nursery, nursery school, family day
care home, or development center, only if exemptions are allowed for
both medical reasons and personal beliefs.
SEC. 4. Section 120365 of the Health and Safety Code is repealed.
SEC. 5. Section 120370 of the Health and Safety Code is amended to
read:
120370. (a) If the parent or guardian files with the governing
authority a written statement by a licensed physician to the effect
that the physical condition of the child is such, or medical
circumstances relating to the child are such, that immunization is
not considered safe, indicating the specific nature and probable
duration of the medical condition or circumstances, including, but
not limited to, family medical history, for which the physician does
not recommend immunization, that child shall be exempt from the
requirements of Chapter 1 (commencing with Section 120325, but
excluding Section 120380) and Sections 120400, 120405, 120410, and
120415 to the extent indicated by the physician's statement.
(b) If there is good cause to believe that a child has been
exposed to a disease listed in subdivision (b) of Section 120335 and
his or her documentary proof of immunization status does not show
proof of immunization against that disease, that child may be
temporarily excluded from the school or institution until the local
health officer is satisfied that the child is no longer at risk of
developing or transmitting the disease.
SEC. 6. Section 120375 of the Health and Safety Code is amended to
read:
120375. (a) The governing authority of each school or institution
included in Section 120335 shall require documentary proof of each
entrant's immunization status. The governing authority shall record
the immunizations of each new entrant in the entrant's permanent
enrollment and scholarship record on a form provided by the
department. The immunization record of each new entrant admitted
conditionally shall be reviewed periodically by the governing
authority to ensure that within the time periods designated by
regulation of the department he or she has been fully immunized
against all of the diseases listed in Section 120335, and
immunizations received subsequent to entry shall be added to the
pupil's immunization record.
(b) The governing authority of each school or institution included
in Section 120335 shall prohibit from further attendance any pupil
admitted conditionally who failed to obtain the required
immunizations within the time limits allowed in the regulations of
the department, unless the pupil is exempted under Section 120370,
until that pupil has been fully immunized against all of the diseases
listed in Section 120335.
(c) The governing authority shall file a written report on the
immunization status of new entrants to the school or institution
under their jurisdiction with the department and the local health
department at times and on forms prescribed by the department. As
provided in paragraph (4) of subdivision (a) of Section 49076 of the
Education Code, the local health department shall have access to the
complete health information as it relates to immunization of each
student in the schools or other institutions listed in Section 120335
in order to determine immunization deficiencies.
(d) The governing authority shall cooperate with the county health
officer in carrying out programs for the immunization of persons
applying for admission to any school or institution under its
jurisdiction. The governing board of any school district may use
funds, property, and personnel of the district for that purpose. The
governing authority of any school or other institution may permit any
licensed physician or any qualified registered nurse as provided in
Section 2727.3 of the Business and Professions Code to administer
immunizing agents to any person seeking admission to any school or
institution under its jurisdiction.
