Bill Text: CA SB277 | 2015-2016 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
BILL NUMBER: SB 277 AMENDED
BILL TEXT
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, 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
Sections 120325, 120335, and 120370 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, as amended, 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. 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. beliefs, but would allow
exemption from future immunization requirements for either medical
reasons or personal beliefs. This bill would except
exempt pupils in a home-based private school and
students enrolled in an independent study pursuant to specified law
from the prohibition described above. The bill would narrow the
authorization for temporary exclusion 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.
(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.
(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 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.
This subdivision does not apply to a pupil in a home-based
private school or a pupil who is enrolled in an independent study
pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5
of Part 28 of the Education Code. 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.
SEC. 4. 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. SEC. 5. Section 120365 of
the Health and Safety Code is repealed.
SEC. 5. SEC. 6. 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 that
contraindicate 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) When If there is good
cause to believe that a child whose documentary proof of
immunization status does not show proof of immunization against a
communicable disease listed in subdivision (b) of Section 120335 has
been exposed to one of those diseases, 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. SEC. 7. 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.
