BILL NUMBER: AB 2580 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Arambula
FEBRUARY 22, 2008
An act to amend Sections 120325 and 120335 of the Health and
Safety Code, relating to vaccinations.
LEGISLATIVE COUNSEL'S DIGEST
AB 2580, as introduced, Arambula. Health: immunizations.
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 recast those provisions to, in part, remove
certain of the age and date restrictions and, on and after July 1,
2009, would prohibit the governing authority from admitting or
advancing any pupil to the 7th grade unless immunized against
pertussis (whooping cough).
Because the bill would add to the duties of certain local agencies
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.
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. The Legislature finds and declares that it does not
intend to relinquish its responsibilities relating to immunization
requirements as it will continue oversight of this process through
legislative and budgetary mechanisms, as necessary.
SEC. 2. Section 120325 of the Health and Safety Code is amended to
read:
120325. In enacting Chapter 1 (commencing with Section
120325 this chapter , but excluding Section
120380) 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). This paragraph shall be operative
only to the extent that funds for this purpose are appropriated in
the annual Budget Act.
(11) Any other disease that is consistent with the most current
recommendations of the Advisory Committee on Immunization
Practices (ACIP) of the United States Public Health
Services' Centers for Disease Control Immunization Practices Advisory
Committee Department of Health and Human Services,
and the American Academy of Pediatrics
Committee of Infectious Diseases (AAP), and
the American Academy of Family Physicians (AAFP) , and
diseases deemed appropriate by the department.
(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 or because
of personal beliefs.
(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 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' federal Centers
for Disease Control and Prevention Advisory Committee on
Immunization Practices Advisory Committee
(ACIP) and the American Academy of Pediatrics
Committee of Infectious Diseases .
(c) On and after July 1, 1999 July 1, 200
9 , in addition to the initial vaccination
against pertussis , 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
pertussis, including, but not limited to, any necessary adolescent
booster immunization .
(d) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
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.