BILL NUMBER: AB 16 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 5, 2007
AMENDED IN ASSEMBLY FEBRUARY 9, 2007
INTRODUCED BY Assembly Member Hernandez
(Principal coauthor: Assembly Member Garcia)
DECEMBER 4, 2006
An act to amend Section 120335 of 120365
of, and to amend, repeal, and add Section 120335 of, the Health
and Safety Code, relating to pupil immunizations.
LEGISLATIVE COUNSEL'S DIGEST
AB 16, as amended, Hernandez. Pupil immunizations: human
papillomavirus vaccine.
Existing law prohibits the governing authority of a school or
other institution from unconditionally admitting 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 against various
diseases.
This bill would, in addition, on and after July 1, 2008
2009 , prohibit the governing authority from
unconditionally admitting or advancing any female pupil to
the 7th grade level of any of those institutions unless the pupil
has received the human papillomavirus (HPV) vaccine.
This bill would require the State Department of Public Health
, in coordination with the State Department of Education, to
identify and distribute related informational materials and to inform
the institutions and all health care providers that administer HPV
vaccines about the availability of the materials.
This bill would require a health care provider administering the
HPV vaccine to provide a written disclosure to the parent or guardian
relating to the HPV virus including its relation to cervical cancer
and the effects of the HPV vaccine, and would require the disclosure
to include the materials distributed by the department.
By increasing the duties of local school districts, this bill
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.
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 120335 of the Health
and Safety Code is amended to read:
120335. (a) As used in Chapter 1 (commencing with
Section 120325 this chapter , but excluding
Section 120380) 120380 , and as used in
Sections 120400, 120405, 120410, and 120415, the term "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, except for children who have
reached the age of four years and six months.
(3) Measles.
(4) Mumps, except for children who have reached the age of seven
years.
(5) Pertussis (whooping cough), except for children who have
reached the age of seven years.
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B for all children entering the institutions listed
in this subdivision at the kindergarten level or below on or after
August 1, 1997.
(10) Varicella (chickenpox), effective July 1, 2001. Persons
already admitted into California public or private schools at the
kindergarten level or above before July 1, 2001, shall be exempt from
the varicella immunization requirement for school entry. This
paragraph shall be operative only to the extent that funds for this
purpose are appropriated in the annual Budget Act.
The department may adopt emergency regulations to implement this
paragraph including, but not limited to, requirements for
documentation and immunization status reports, in accordance with the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). The initial adoption of emergency
regulations shall be deemed to be an emergency and considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. Emergency regulations adopted pursuant to this paragraph
shall remain in effect for no more than 180 days.
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the United States
Public Health Services' Centers for Disease Control
Immunization Practices Advisory Committee on
Immunization Practices and the American Academy of Pediatrics
Committee of Infectious Diseases.
(c) On and after July 1, 1999, the governing authority shall not
unconditionally admit any pupil to the 7th grade level, nor
unconditionally advance any pupil to the 7th grade level, of any of
the institutions listed in subdivision (b) unless the pupil has been
fully immunized against hepatitis B.
(d) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
(e) This section shall become inoperative on July 1, 2009, and as
of January 1, 2010, is repealed, unless a later enacted statute, that
is enacted before January 1, 2007, deletes or extends the dates on
which it becomes inoperative and is repealed.
SEC. 2. Section 120335 is added to the
Health and Safety Code , to read:
120335. (a) As used in this chapter, but excluding Section
120380, and as used in Sections 120400, 120405, 120410, and 120415,
the term "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, except for children who have
reached the age of four years and six months.
(3) Measles.
(4) Mumps, except for children who have reached the age of seven
years.
(5) Pertussis (whooping cough), except for children who have
reached the age of seven years.
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B for all children entering the institutions listed
in this subdivision at the kindergarten level or below on or after
August 1, 1997.
(10) Varicella (chickenpox), effective July 1, 2001. Persons
already admitted into California public or private schools at the
kindergarten level or above before July 1, 2001, shall be exempt from
the varicella immunization requirement for school entry. This
paragraph shall be operative only to the extent that funds for this
purpose are appropriated in the annual Budget Act.
The department may adopt emergency regulations to implement this
paragraph including, but not limited to, requirements for
documentation and immunization status reports, in accordance with the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). The initial adoption of emergency
regulations shall be deemed to be an emergency and considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. Emergency regulations adopted pursuant to this paragraph
shall remain in effect for no more than 180 days.
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the United States
Public Health Services' Centers for Disease Control Advisory
Committee on Immunization Practices and the American Academy of
Pediatrics Committee of Infectious Diseases.
(c) On and after July 1, 1999, the governing authority shall not
unconditionally admit any pupil to the 7th grade level, nor
unconditionally advance any pupil to the 7th grade level, of any of
the institutions listed in subdivision (b) unless the pupil has been
fully immunized against hepatitis B.
(d) (1) The governing authority shall not unconditionally admit
any female pupil to the 7th grade level, nor unconditionally advance
any pupil to the 7th grade level, of any of the institutions listed
in subdivision (b) unless the pupil has received the human
papillomavirus (HPV) vaccine.
(2) The department, in coordination with the State Department of
Education, shall identify and distribute informational materials
about the risks associated with the HPV virus, including its
association with cervical cancer. The materials shall discuss the
effects of the HPV vaccine, including the risks associated with its
use. The department shall inform institutions listed in subdivision
(b) and all health care providers that administer HPV vaccines about
the availability of these informational materials.
(e) The department may specify the immunizing agents that may be
utilized and the manner in which immunizations are administered.
(f) This section shall become operative on July 1, 2009.
SEC. 3. Section 120365 of the Health
and Safety Code is amended to read:
120365. Immunization of a person shall not be required for
admission to a school or other institution listed in Section 120335
if the parent or guardian or adult who has assumed responsibility for
his or her care and custody in the case of a minor, or the person
seeking admission if an emancipated minor, files with the governing
authority a letter or affidavit stating that the
immunization is any or all of the immunizations are
contrary to his or her beliefs. However, whenever there is good
cause to believe that the person has been exposed to one of the
communicable diseases listed in subdivision (a) of Section 120325,
that person may be temporarily excluded from the school or
institution until the local health officer is satisfied that the
person is no longer at risk of developing the disease.
SECTION 1. Section 120335 of the Health and
Safety Code is amended to read:
120335. (a) As used in Chapter 1 (commencing with Section 120325,
but excluding Section 120380), and as used in Sections 120400,
120405, 120410, and 120415, the term "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, except for children who have
reached the age of four years and six months.
(3) Measles.
(4) Mumps, except for children who have reached the age of seven
years.
(5) Pertussis (whooping cough), except for children who have
reached the age of seven years.
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B for all children entering the institutions listed
in this subdivision at the kindergarten level or below on or after
August 1, 1997.
(10) Varicella (chickenpox), effective July 1, 2001. Persons
already admitted into California public or private schools at the
kindergarten level or above before July 1, 2001, shall be exempt from
the varicella immunization requirement for school entry. This
paragraph shall be operative only to the extent that funds for this
purpose are appropriated in the annual Budget Act.
The department may adopt emergency regulations to implement this
paragraph including, but not limited to, requirements for
documentation and immunization status reports, in accordance with the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code). The initial adoption of emergency
regulations shall be deemed to be an emergency and considered by the
Office of Administrative Law as necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. Emergency regulations adopted pursuant to this paragraph
shall remain in effect for no more than 180 days.
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the United States
Public Health Services' Centers for Disease Control Immunization
Practices Advisory Committee and the American Academy of Pediatrics
Committee of Infectious Diseases.
(c) On and after July 1, 1999, the governing authority shall not
unconditionally admit any pupil to the 7th grade level, nor
unconditionally advance any pupil to the 7th grade level, of any of
the institutions listed in subdivision (b) unless the pupil has been
fully immunized against hepatitis B.
(d) (1) On and after July 1, 2008, the governing authority shall
not unconditionally admit any female pupil to the 7th grade level of
any of the institutions listed in subdivision (b) unless the pupil
has received the human papillomavirus (HPV) vaccine.
(2) The State Department of Public Health shall identify and
distribute informational materials about the risks associated with
the HPV virus, including its association with cervical cancer. The
materials shall discuss the effects of the HPV vaccine. The
department shall inform institutions listed in subdivision (b) and
all health care providers that administer HPV vaccines about the
availability of these informational materials.
(3) Every health care provider administering the HPV vaccine shall
provide a written disclosure to the parent or guardian relating to
the HPV virus including its relation to cervical cancer and the
effects of the HPV vaccine. The disclosure shall include the
materials distributed by the department pursuant to paragraph (2).
(e) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
SEC. 2. SEC. 4. 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.