BILL NUMBER: AB 354 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 28, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
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 amended, 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, pertussis (whooping cough), and
varicella (chickenpox), 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.
Existing law makes these provisions, as they relate to varicella
(chickenpox), operative only to the extent that funds are
appropriated in the annual Budget Act, and authorizes the department
to adopt emergency regulations, as specified.
This bill would, regarding the varicella (chickenpox) provisions,
delete the requirement that it be operative only to the extent that
funds are appropriated in the annual Budget Act, and would delete the
department's authorization to adopt emergency regulations.
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 1. 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) 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 deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
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. SEC. 2. 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.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(10) Varicella (chickenpox).
(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 Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of 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.