BILL NUMBER: SB 533 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2007
PASSED THE ASSEMBLY SEPTEMBER 11, 2007
AMENDED IN ASSEMBLY AUGUST 31, 2007
AMENDED IN ASSEMBLY JULY 18, 2007
AMENDED IN ASSEMBLY JULY 9, 2007
AMENDED IN SENATE JUNE 4, 2007
AMENDED IN SENATE APRIL 26, 2007
AMENDED IN SENATE MARCH 29, 2007
INTRODUCED BY Senator Yee
(Coauthor: Senator Ridley-Thomas)
(Coauthor: Assembly Member Dymally)
FEBRUARY 22, 2007
An act to amend Sections 120325, 120330, and 120335 of the Health
and Safety Code, relating to vaccinations.
LEGISLATIVE COUNSEL'S DIGEST
SB 533, Yee. Health: immunizations: pneumococcus.
Existing law requires county health officers to organize and
maintain a program to make immunizations available to certain
persons. Existing law states the intent of the Legislature to provide
a means for the eventual achievement of total immunization against
certain childhood diseases. Under existing law, a person exposed to
those childhood diseases may be temporarily excluded from school
until a determination is made by the local health officer that the
person is no longer at risk of developing the disease.
This bill would add pneumococcus to the list of childhood diseases
for which the Legislature intends the eventual achievement of total
immunization.
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, on and after July 1, 2008, add pneumococcus to
the list of diseases, except for children who are 24 months of age
and older. 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Due to the positive impact of immunization on both
children in child care and senior citizens and the need to eliminate
cultural and racial disparities in immunization rates, it is the
intent of the Legislature in enacting this act to promote
immunization for all California children and support state
immunization requirements that conform to the recommendations and
timelines of the Advisory Committee on Immunization Practices (ACIP)
of the Centers for Disease Control and Prevention and the American
Academy of Pediatrics.
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) Pneumococcus.
(8) Poliomyelitis.
(9) Rubella.
(10) Tetanus.
(11) Varicella (chickenpox). This paragraph shall be operative
only to the extent that funds for this purpose are appropriated in
the annual Budget Act.
(12) Any other disease that is consistent with the most current
recommendations of the Advisory Committee on Immunization Practices
(ACIP) of the Centers for Disease Control and Prevention and the
Committee on Infectious Diseases of the American Academy of
Pediatrics, and 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 120330 of the Health and Safety Code is amended to
read:
120330. The department, in consultation with the State Department
of Education, shall adopt and enforce all regulations necessary to
carry out this chapter, but excluding Section 120380, and to carry
out Sections 120400, 120405, 120410, and 120415.
SEC. 4. Section 120335 of the Health and Safety Code is amended 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) On and after July 1, 2008, pneumococcus, except for children
who are 24 months of age and older in which case the governing
authority shall not be required to verify documentation for this
immunization.
(7) Poliomyelitis.
(8) Rubella.
(9) Tetanus.
(10) Hepatitis B for all children entering the institutions listed
in this subdivision at the kindergarten level or below on or after
August 1, 1997.
(11) 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.
(12) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices (ACIP) and the American Academy
of Pediatrics.
(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.
SEC. 5. 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.