BILL NUMBER: AB 354	CHAPTERED
	BILL TEXT

	CHAPTER  434
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2010
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2010
	PASSED THE SENATE  AUGUST 20, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN SENATE  AUGUST 17, 2010
	AMENDED IN SENATE  JUNE 23, 2009
	AMENDED IN ASSEMBLY  APRIL 28, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Members Arambula and Fletcher

                        FEBRUARY 19, 2009

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 354, 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), and 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 delete the
department's authorization to adopt emergency regulations.
   Existing law prohibits the governing authority from
unconditionally admitting, or advancing, a pupil into the 7th grade
unless the pupil has been fully immunized against hepatitis B.
   This bill would delete immunizations against hepatitis B as a 7th
grade admission or advancement requirement and would, instead,
prohibit the governing authority from unconditionally admitting, or
advancing, a pupil into the 7th and, for one year, the 8th through
12th grades unless the pupil has been fully immunized, as prescribed,
including, but not limited to, having received all pertussis
boosters appropriate for that age.
   By requiring school districts to comply with these requirements,
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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  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).
   (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. 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) Commencing July 1, 2011, notwithstanding subdivision (b), full
immunization against hepatitis B shall not be a condition by which
the governing authority admits or advances any pupil to the 7th grade
level of any private or public elementary or secondary school.
   (d) Commencing July 1, 2011, the governing authority shall not
unconditionally admit or advance any pupil to the 7th through 12th
grade levels, inclusive, of any private or public elementary or
secondary school unless the pupil has been fully immunized against
pertussis, including all pertussis boosters appropriate for the pupil'
s age.
   (e) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
   (f) This section shall become inoperative on June 30, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute,
that is enacted before January 1, 2013, deletes or extends that date.

   (g) The department may adopt emergency regulations to implement
subdivisions (c) and (d) 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 subdivision
shall remain in effect for no more than 180 days.
  SEC. 3.  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.
   (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) Notwithstanding subdivision (b), full immunization against
hepatitis B shall not be a condition by which the governing authority
shall admit or advance any pupil to the 7th grade level of any
private or public elementary or secondary school.
   (d) The governing authority shall not unconditionally admit or
advance any pupil to the 7th grade level of any private or public
elementary or secondary school unless the pupil has been fully
immunized against pertussis, including all pertussis boosters
appropriate for the pupil's age.
   (e) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
   (f) This section shall become operative on July 1, 2012.
  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.