BILL NUMBER: AB 2638	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 120370 of the Health and Safety Code is amended
to read:
   120370.  (a) If the parent or guardian files with the governing
authority of a school district or school  a written
statement by a licensed physician to the effect that the physical
condition of the child is such, or medical circumstances relating to
the child are such, that immunization is not considered safe,
  safe for the child,  indicating the specific
nature and probable duration of the medical condition or
circumstances, including, but not limited to, family medical history,
for which the physician does not recommend immunization, that child
shall be exempt from the requirements of Chapter 1 (commencing with
Section 120325, but excluding Section 120380) and Sections 120400,
120405, 120410, and 120415 to the extent indicated by the physician's
statement.
   (b) If there is good cause to believe that a child has been
exposed to a disease listed in subdivision (b) of Section 120335 and
his or her documentary proof of immunization status does not show
proof of immunization against that disease, that child may be
temporarily excluded from the school or institution until the local
health officer is satisfied that the child is no longer at risk of
developing or transmitting the disease. 
   (c) A licensed physician shall not be subject to discipline or
liability for writing a statement as described in subdivision (a).