BILL NUMBER: SB 277 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2015
INTRODUCED BY Senators Pan and Allen
(Principal coauthor: Assembly Member Gonzalez)
(Coauthors: Senators Beall, Block, De León, Hall, Hertzberg, Hill,
Jackson, Leno, McGuire, Mitchell, Stone, Wieckowski, and Wolk)
(Coauthors: Assembly Members Baker, Chiu, Cooper, Low, McCarty,
Nazarian, Rendon, Mark Stone, and Wood)
FEBRUARY 19, 2015
An act to add Section 48980.5 to the Education Code, and to amend
Section 120325 Sections
120325, 120335, and 120370 of, and to repeal and add
Section 120365 of, the Health and Safety Code, relating to
public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 277, as amended, Pan. Public health: vaccinations.
(1) Existing law prohibits the governing authority of a school or
other institution from unconditionally admitting any person as a
pupil of any public or private elementary or secondary school, child
care center, day nursery, nursery school, family day care home, or
development center, unless prior to his or her admission to that
institution he or she has been fully immunized against various
diseases, including measles, mumps, and pertussis, subject to any
specific age criteria. Existing law authorizes an exemption from
those provisions for medical reasons or because of personal beliefs,
if specified forms are submitted to the governing authority.
Existing law requires the governing authority of a school or other
institution to require documentary proof of each entrant's
immunization status. Existing law authorizes the governing authority
of a school or other institution to temporarily exclude a child from
the school or institution if the authority has good cause to believe
that the child has been exposed to one of those diseases, as
specified.
This bill would eliminate the exemption from immunization based
upon personal beliefs. This bill would except a home-based
private school from the prohibition described above of all of the
school's pupils are residents of the household or are members of a
single f amily. The bill would narrow the authorization
for temporary exclusion to make it applicable only to a child whose
documentary proof of immunization status does not show proof of
immunization against one of the diseases described above. The
bill would make conforming changes to related provisions.
(2) Existing law requires the governing board of a school
district, at the beginning of the first semester or quarter of the
regular school term, to make certain notifications to parents or
guardians of minor pupils including, among others, specified rights
and responsibilities of a parent or guardian and specified school
district policies and procedures.
This bill would require the governing board of a school district
to also include in the notifications provided to parents or guardians
of minor pupils at the beginning of the regular school term the
immunization rates for the school in which a pupil is enrolled for
each required immunization. By requiring school districts to notify
parents or guardians of school immunization rates, the bill would
impose a state-mandated local program.
(3) 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 48980.5 is added to the Education Code, to
read:
48980.5. The notification required pursuant to Section 48980
shall also include the immunization rates for the school in which a
pupil is enrolled for each of the immunizations required pursuant to
Section 120335 of the Health and Safety Code.
SEC. 2. 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.
(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. Section 120335 of the Health
and Safety Code is amended to read:
120335. (a) As used in this chapter, "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.
This subdivision does not apply to a home-based private school
if all of the pupils are residents of the household or are
members of a single family. 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 that may be
utilized and the manner in which immunizations are administered.
(f) This section shall become operative on July 1, 2012.
SEC. 3. SEC. 4. Section 120365 of
the Health and Safety Code is repealed.
SEC. 4. Section 120365 is added to the Health
and Safety Code, 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 that documents which immunizations
required by Section 120355 have been given and which immunizations
have not been given pursuant to an exemption from immunization for
medical reasons.
(b) 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.
SEC. 5. Section 120370 of the Health
and Safety Code is amended to read:
120370. (a) If the parent or guardian files
with the governing authority 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, indicating the specific nature
and probable duration of the medical condition or circumstances that
contraindicate immunization, that person
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) When there is good cause to believe that a child whose
documentary proof of immunization status does not show proof of
immunization against a communicable disease listed in subdivision (b)
of Section 120335 has been exposed to one of those diseases, 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.
SEC. 5. SEC. 6. 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.