California Legislature—2015–16 Regular Session

Assembly BillNo. 2638


Introduced by Assembly Member Gatto

February 19, 2016


An act to amend Section 120370 of the Health and Safety Code, relating to public health.

LEGISLATIVE COUNSEL’S DIGEST

AB 2638, as introduced, Gatto. Public health: vaccinations.

Existing law authorizes a parent or guardian to file with the governing authority of a school district or school a written statement by a licensed physician to the effect that immunization is not considered safe for a particular child, in which case that child shall be exempt from specified immunization requirements, to the extent indicated by the physician’s statement, as specified.

This bill would specify that a licensed physician is not subject to discipline or liability for writing the statement described above.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 120370 of the Health and Safety Code
2 is amended to read:

3

120370.  

(a) If the parent or guardian files with the governing
4authoritybegin insert of a school district or schoolend insert a written statement by a
5licensed physician to the effect that the physical condition of the
6child is such, or medical circumstances relating to the child are
7such, that immunization is not consideredbegin delete safe,end deletebegin insert safe for the child,end insert
P2    1 indicating the specific nature and probable duration of the medical
2condition or circumstances, including, but not limited to, family
3medical history, for which the physician does not recommend
4immunization, that child shall be exempt from the requirements
5of Chapter 1 (commencing with Section 120325, but excluding
6Section 120380) and Sections 120400, 120405, 120410, and
7120415 to the extent indicated by the physician’s statement.

8(b) If there is good cause to believe that a child has been exposed
9to a disease listed in subdivision (b) of Section 120335 and his or
10her documentary proof of immunization status does not show proof
11of immunization against that disease, that child may be temporarily
12excluded from the school or institution until the local health officer
13is satisfied that the child is no longer at risk of developing or
14transmitting the disease.

begin insert

15(c) A licensed physician shall not be subject to discipline or
16liability for writing a statement as described in subdivision (a).

end insert


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