BILL NUMBER: AB 354	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Arambula

                        FEBRUARY 19, 2009

   An act to amend Sections 120325 and 120335 of the Health and
Safety Code, relating to vaccinations.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 354, 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, including hepatitis B and pertussis (whooping cough) as
well as any other disease deemed appropriate by the State Department
of Public Health, taking into consideration the recommendations of
specified entities.
   This bill would add to these entities the American Academy of
Family Physicians.
   This bill would also, in part, remove certain of the age and date
restrictions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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 
 deemed appropriate by  the  most current 
 department, taking into consideration the  recommendations
of the  Advisory Committee on Immunization Practices of the 
United States  Public Health Services' Centers for Disease
Control Immunization Practices Advisory Committee  
Department of Health  and  Human Services,  the
American Academy of Pediatrics  Committee of Infectious
Diseases  , and  deemed appropriate by the
department   the American Academy of Family Physicians
 .
   (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  Advisory
Committee on Immunization Practices of the  United States
 Public   Department of  Health 
Services' Centers for Disease Control Immunization Practices Advisory
Committee  and  Human Services,  the American
Academy of Pediatrics  Committee   , and the
American Academy  of  Infectious Diseases  
Family Physicians  .
   (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.