BILL NUMBER: AB 2109 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN ASSEMBLY APRIL 23, 2012
INTRODUCED BY Assembly Member Pan
(Principal coauthor: Senator Wolk)
(Coauthor: Assembly Member Fuentes)
FEBRUARY 23, 2012
An act to amend Section 120365 of the Health and Safety Code,
relating to communicable disease.
LEGISLATIVE COUNSEL'S DIGEST
AB 2109, as amended, Pan. Communicable disease: immunization
exemption.
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, as specified. Existing law prohibits admission or
advancement of a pupil to the 7th grade level without a full
immunization against hepatitis B.
Existing law exempts a person from the above-described
immunization requirement if the parent or guardian or other specified
persons file with the governing authority a letter or affidavit
stating that the immunization is contrary to his or her beliefs.
However, whenever there is good cause to believe that the
person has been exposed to one of the diseases, a person may be
temporarily excluded from the school or institution, as specified.
This bill would instead require this letter or affidavit to
document which required immunizations have been given, and which have
not been given on the basis that they are contrary to the parent or
guardian's or other specified person's beliefs. The bill would
require, on and after July 1, 2013, January
1, 2014, the above-described letter or
affidavit to be accompanied by a form prescribed by the State
Department of Public Health that includes a written
statement signed by signed attestation from a
health care practitioner, as defined, that indicates that the health
care practitioner provided the parent or guardian of the person, the
adult who has assumed responsibility for the care and custody of the
person, or the person, if an emancipated minor, who is subject to the
immunization requirements with information regarding the benefits
and risks of the immunization and the health risks of specified
communicable diseases. The bill would also require, if the
person was admitted to the school prior to entering the 7th grade and
is about to enter the 7th grade, an additional letter or affidavit
to be filed with the form. The bill would require the form
to include a written statement by the parent, guardian, other
specified persons, or person, if an emancipated minor, that indicates
that he or she received the information from the health care
practitioner.
By imposing new duties upon local officials, this bill would
create 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. Section 120365 of the Health and Safety Code is amended
to read:
120365. (a) Immunization of a person shall not be required for
admission to a school or other institution listed in Section 120335
if the parent or guardian or adult who has assumed responsibility for
his or her care and custody in the case of a minor, or the person
seeking admission if an emancipated minor, files with the governing
authority a letter or affidavit stating that the
immunization is contrary to his or her beliefs that
documents which immunizations required by Section 12 0355
have been given, and which immunizations have not been given on the
basis that they are contrary to his or her beliefs .
(b) On and after July 1, 2013, a separate form prescribed by the
State Department of Public Health shall accompany the letter or
affidavit filed pursuant to subdivision (a). The form shall include
both of the following:
(1) A written statement signed by a health care practitioner that
indicates that the health care practitioner provided the parent or
guardian of the person, the adult who has assumed responsibility for
the care and custody of the person, or the person if an emancipated
minor, who is subject to the immunization requirements of this
chapter with information regarding the benefits and risks of the
immunization and the health risks of the communicable diseases listed
in Section 120335 to the person and to the community. This statement
shall be signed not more than six months from the date when the
person subject to the immunization requirements is first admitted to
the school. If the person was admitted to the school prior to
entering the 7th grade and is about to enter the 7th grade, then an
additional letter or affidavit shall be filed with the written
statement signed by the health care practitioner not more than six
months from the first day of school for a person about to enter the
7th grade.
(2) A written statement signed by the parent or guardian of the
person, the adult who has assumed responsibility for the care and
custody of the person, or the person if an emancipated minor, who is
subject to the immunization requirements of this chapter that
indicates that the signor has received the information provided by
the health care practitioner described in paragraph (1). This
statement shall be signed not more than six months from the date when
the person subject to the immunization requirements is first
admitted to the school. If the person was admitted to the school
prior to entering the 7th grade and is about to enter the 7th grade,
then an additional letter or affidavit shall be filed with the
written statement signed by the parent, guardian, or adult, or if an
emancipated minor, the person not more than six months from the first
day of school for a person about to enter the 7th grade.
(b) On and after January 1, 2014, a form prescribed by the State
Department of Public Health shall accompany the letter or affidavit
filed pursuant to subdivision (a). The form shall include both of the
following:
(1) A signed attestation from the health care practitioner that
indicates that the health care practitioner provided the parent or
guardian of the person who is subject to the immunization
requirements of this chapter, the adult who has assumed
responsibility for the care and custody of the person, or the person
if an emancipated minor, with information regarding the benefits and
risks of the immunization and the health risks of the communicable
diseases listed in Section 120335 to the person and to the community.
This attestation shall be signed not more than six months prior to
the date when the person first becomes subject to the immunization
requirement for which exemption is being sought.
(2) A written statement signed by the parent or guardian of the
person who is subject to the immunization requirements of this
chapter, the adult who has assumed responsibility for the care and
custody of the person, or the person if an emancipated minor, that
indicates that the signer has received the information provided by
the health care practitioner pursuant to paragraph (1). This
statement shall be signed not more than six months prior to the date
when the person first becomes subject to the immunization
requirements as a condition of admittance to a school or institution
pursuant to Section 120335.
(c) The following shall be accepted in lieu of the original form:
(1) A photocopy of the signed form.
(2) A letter signed by a health care practitioner that includes
all information and attestations included on the form.
(d) Issuance and revision of the form shall be exempt from 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).
(c)
(e) When there is good cause to believe that the person
has been exposed to one of the communicable diseases listed in
subdivision (a) of Section 120325, that person may be temporarily
excluded from the school or institution until the local health
officer is satisfied that the person is no longer at risk of
developing the disease.
(d) A copy of the signed written statement shall be accepted in
lieu of the original form. A signed letter from the health care
practitioner that references the person's name shall be accepted in
lieu of a statement on the original form.
(e)
(f) For purposes of this section, "health care
practitioner" means any of the following:
(1) A physician and surgeon, licensed pursuant to Section 2050 of
the Business and Professions Code.
(2) A nurse practitioner who is authorized to furnish drugs
pursuant to Section 2836.1 of the Business and Professions Code.
(3) A physician assistant who is authorized to administer or
provide medication pursuant to Section 3502.1 of the Business and
Professions Code.
(4) An osteopathic physician and surgeon, as defined in the
Osteopathic Initiative Act.
(5) A naturopathic doctor who is authorized to furnish or order
drugs under a physician and surgeon's supervision pursuant to Section
3640.5 of the Business and Professions Code.
SEC. 2. 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.