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.