Amended in Senate April 22, 2015

Amended in Senate April 9, 2015

Senate BillNo. 277


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 Sections 120325, 120335, and 120370 of, and to repeal 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 exceptbegin insert pupils inend insert a home-based private schoolbegin insert and students enrolled in an independent study pursuant to specified lawend insert from the prohibition describedbegin delete above of all of the school’s pupils are residents of the household or are members of a single family.end deletebegin insert above.end insert 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:

P2    1

SECTION 1.  

Section 48980.5 is added to the Education Code,
2to read:

3

48980.5.  

The notification required pursuant to Section 48980
4shall also include the immunization rates for the school in which
P3    1a pupil is enrolled for each of the immunizations required pursuant
2to Section 120335 of the Health and Safety Code.

3

SEC. 2.  

Section 120325 of the Health and Safety Code is
4amended to read:

5

120325.  

In enacting this chapter, but excluding Section 120380,
6and in enacting Sections 120400, 120405, 120410, and 120415, it
7is the intent of the Legislature to provide:

8(a) A means for the eventual achievement of total immunization
9of appropriate age groups against the following childhood diseases:

10(1) Diphtheria.

11(2) Hepatitis B.

12(3) Haemophilus influenzae type b.

13(4) Measles.

14(5) Mumps.

15(6) Pertussis (whooping cough).

16(7) Poliomyelitis.

17(8) Rubella.

18(9) Tetanus.

19(10) Varicella (chickenpox).

20(11) Any other disease deemed appropriate by the department,
21taking into consideration the recommendations of the Advisory
22Committee on Immunization Practices of the United States
23Department of Health and Human Services, the American Academy
24of Pediatrics, and the American Academy of Family Physicians.

25(b) That the persons required to be immunized be allowed to
26obtain immunizations from whatever medical source they so desire,
27subject only to the condition that the immunization be performed
28in accordance with the regulations of the department and that a
29record of the immunization is made in accordance with the
30regulations.

31(c) Exemptions from immunization for medical reasons.

32(d) For the keeping of adequate records of immunization so that
33health departments, schools, and other institutions, parents or
34guardians, and the persons immunized will be able to ascertain
35that a child is fully or only partially immunized, and so that
36appropriate public agencies will be able to ascertain the
37immunization needs of groups of children in schools or other
38institutions.

P4    1(e) Incentives to public health authorities to design innovative
2and creative programs that will promote and achieve full and timely
3immunization of children.

4

SEC. 3.  

Section 120335 of the Health and Safety Code is
5amended to read:

6

120335.  

(a) As used in this chapter, “governing authority”
7means the governing board of each school district or the authority
8of each other private or public institution responsible for the
9operation and control of the institution or the principal or
10administrator of each school or institution.

11(b) The governing authority shall not unconditionally admit any
12person as a pupil of any private or public elementary or secondary
13school, child care center, day nursery, nursery school, family day
14care home, or development center, unless, prior to his or her first
15admission to that institution, he or she has been fully immunized.
16This subdivision does not apply tobegin insert a pupil inend insert a home-based private
17school begin delete if all of the pupils are residents of the household or are
18members of a single family.end delete
begin insert or a pupil who is enrolled in an
19independent study pursuant to Article 5.5 (commencing with
20Section 51745) of Chapter 5 of Part 28 of the Education Code.end insert

21 The following are the diseases for which immunizations shall be
22documented:

23(1) Diphtheria.

24(2) Haemophilus influenzae type b.

25(3) Measles.

26(4) Mumps.

27(5) Pertussis (whooping cough).

28(6) Poliomyelitis.

29(7) Rubella.

30(8) Tetanus.

31(9) Hepatitis B.

32(10) Varicella (chickenpox).

33(11) Any other disease deemed appropriate by the department,
34taking into consideration the recommendations of the Advisory
35Committee on Immunization Practices of the United States
36Department of Health and Human Services, the American Academy
37of Pediatrics, and the American Academy of Family Physicians.

38(c) Notwithstanding subdivision (b), full immunization against
39hepatitis B shall not be a condition by which the governing
P5    1authority shall admit or advance any pupil to the 7th grade level
2of any private or public elementary or secondary school.

3(d) The governing authority shall not unconditionally admit or
4advance any pupil to the 7th grade level of any private or public
5elementary or secondary school unless the pupil has been fully
6immunized against pertussis, including all pertussis boosters
7 appropriate for the pupil’s age.

8(e) The department may specify the immunizing agents that
9may be utilized and the manner in which immunizations are
10administered.

begin delete

11(f) This section shall become operative on July 1, 2012.

end delete
12

SEC. 4.  

Section 120365 of the Health and Safety Code is
13repealed.

14

SEC. 5.  

Section 120370 of the Health and Safety Code is
15amended to read:

16

120370.  

(a) If the parent or guardian files with the governing
17authority a written statement by a licensed physician to the effect
18that the physical condition of the child is such, or medical
19circumstances relating to the child are such, that immunization is
20not considered safe, indicating the specific nature and probable
21duration of the medical condition or circumstances that
22contraindicate immunization, that child shall be exempt from the
23requirements of Chapter 1 (commencing with Section 120325, but
24excluding Section 120380) and Sections 120400, 120405, 120410,
25and 120415 to the extent indicated by the physician’s statement.

26(b) When there is good cause to believe that a child whose
27documentary proof of immunization status does not show proof
28of immunization against a communicable disease listed in
29subdivision (b) of Section 120335 has been exposed to one of those
30diseases, that child may be temporarily excluded from the school
31or institution until the local health officer is satisfied that the child
32is no longer at risk of developing or transmitting the disease.

33

SEC. 6.  

If the Commission on State Mandates determines that
34this act contains costs mandated by the state, reimbursement to
35local agencies and school districts for those costs shall be made
36pursuant to Part 7 (commencing with Section 17500) of Division
374 of Title 2 of the Government Code.



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