BILL NUMBER: AB 1452 CHAPTERED BILL TEXT CHAPTER 372 FILED WITH SECRETARY OF STATE OCTOBER 1, 2001 APPROVED BY GOVERNOR SEPTEMBER 28, 2001 PASSED THE ASSEMBLY AUGUST 30, 2001 PASSED THE SENATE AUGUST 27, 2001 AMENDED IN SENATE JULY 11, 2001 AMENDED IN ASSEMBLY MAY 31, 2001 AMENDED IN ASSEMBLY APRIL 17, 2001 AMENDED IN ASSEMBLY MARCH 27, 2001 INTRODUCED BY Assembly Member Cox (Coauthor: Senator Torlakson) FEBRUARY 23, 2001 An act to add Chapter 1.7 (commencing with Section 120395) to Part 2 of Division 105 of the Health and Safety Code, relating to immunizations. LEGISLATIVE COUNSEL'S DIGEST AB 1452, Cox. Vaccinations: meningococcal disease. Existing law makes provision for the administration of vaccinations to children and certain college students. This bill would require the State Department of Health Services to develop information regarding meningococcal disease. This bill would require the department to make the information available to requesting school districts and degree-granting postsecondary educational institutions. This bill would require that the information be provided by each-degree granting public postsecondary educational institution that provides on-campus housing to each incoming freshman who has been accepted for admission and will be residing in on-campus housing. Each degree granting public postsecondary educational institution that provides on-campus housing would be required to require each incoming freshman of each public postsecondary institution to return to the institution a completed response form indicating whether the incoming freshman received the information and whether or not he or she chooses to receive the vaccination. Each public postsecondary institution would be required by this bill to maintain the records in the same manner as it maintains other confidential student records. This bill would require each degree granting private postsecondary educational institution that provides on-campus housing to adopt a policy to notify all incoming students about meningococcal disease and the availability of the vaccination, beginning with the 2002-03 school year. This bill would apply to the University of California only to the extent that the regents make it applicable. Because this bill would require community colleges to comply with its requirements, it would impose a state-mandated local program. 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Chapter 1.7 (commencing with Section 120395) is added to Part 2 of Division 105 of the Health and Safety Code, to read: CHAPTER 1.7. MENINGOCOCCAL IMMUNIZATION 120395. (a) The State Department of Health Services shall, no later than April 1, 2002, develop information about meningococcal disease. The information shall include: (1) Information about meningococcal disease, including symptoms, risks, and treatment. (2) Notice of the availability, benefits, risks, and limitations of a meningococcus vaccination, with specific information as to those persons at higher risk for the disease. (b) The department shall make available to each degree-granting public and private postsecondary institution, upon the request of that institution, information developed by the department on meningococcal disease. (c) The department shall also send an information notice to each school district advising each school district of the availability of information developed by the department, and shall make the information available to any school district upon the request of that school district. (d) The department may also use the information developed to design and implement a public awareness campaign about meningococcal disease to reach members of the population identified as being at high risk for contracting the disease. 120396. Each degree-granting public postsecondary educational institution that provides on-campus housing in the state shall, beginning with the 2002-03 school year, do all of the following: (a) Provide information on meningococcal disease developed pursuant to Section 120395 to each incoming freshman who has been accepted for admission to the postsecondary educational institution and who will be residing in on-campus housing. The information shall include a response form with space in which to indicate that the incoming freshman has received the information about meningococcal disease and the availability of the vaccine to prevent one from contracting the disease. The form shall include space for the incoming freshman to indicate whether or not he or she has chosen to receive the vaccination, and a space for his or her signature. (b) Require each incoming freshman to return to the postsecondary educational institution a form with a response as to whether the person received the information, and whether or not the person chooses to receive the vaccination. (c) Maintain the completed forms received from students in accord with the institution's health care records policy. (d) Nothing in this section shall be construed to require the postsecondary educational institution to provide the vaccination to the students. 120397. Each degree-granting private postsecondary educational institution that provides on-campus housing in the state shall adopt a policy to notify all incoming students about meningococcal disease and the availability of the vaccination, beginning with the 2002-03 school year. The Legislature encourages those institutions to consider all of the following in adopting the policy: (a) Providing information on meningococcal disease developed pursuant to Section 120395 to each prospective student who has been accepted for admission to the postsecondary institution prior to the student's matriculation into the institution. The information may include a response form with space in which to indicate that the prospective student has received the information about meningococcal disease and the availability of the vaccine to prevent one from contracting the disease. The form shall include space for the prospective student to indicate whether or not he or she has chosen to receive the vaccination, and a space for his or her signature. (b) Requiring each prospective student to return to the postsecondary educational institution a form with a response as to whether or not the person received the information, and whether or not the person chooses to receive the vaccination. (c) Maintaining the completed forms received from students in accordance with the institution's health care records policy. (d) Nothing in this section shall be construed to require the postsecondary educational institution to provide the vaccination to students. 120398. Each public and private postsecondary educational institution shall maintain the confidentiality of information obtained pursuant to Section 120396 or 120397 in the same manner as other confidential student information is maintained by the institution. Each institution is subject to civil action and criminal penalties for the wrongful disclosure of the information, in accordance with other provisions of law. 120399. No provision of this chapter shall apply to the University of California except to the extent that the Regents of the University of California, by appropriate resolution, make applicable the provision of the chapter. SEC. 2. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.