Amended in Senate May 5, 2015

Amended in Senate April 22, 2015

Amended in Senate April 9, 2015

Senate Bill No. 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, begin insert to add Section 120338 to, end insert 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 begin insert existing specified end insert immunization begin insert requirements end insert based upon personal begin delete beliefs. end delete begin insert beliefs, but would allow exemption from future immunization requirements for either medical reasons or personal beliefs. end insert This bill would begin delete except end delete begin insert exempt end insert pupils in a home-based private school and students enrolled in an independent study pursuant to specified law from the prohibition described above. The bill would narrow the authorization for temporary exclusion to make it applicable only to a child begin insert who has been exposed to a specified disease and end insert 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. begin delete This subdivision does not apply to a pupil in a home-based private
school or a pupil who is enrolled in an independent study pursuant
to Article 5.5 (commencing with Section 51745) of Chapter 5 of
Part 28 of the Education Code. end delete 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.

begin insert

(f) This section does not apply to a pupil in a home-based private
school or a pupil who is enrolled in an independent study program
pursuant to Article 5.5 (commencing with Section 51745) of
Chapter 5 of Part 28 of the Education Code.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 120338 is added to the end insert begin insert Health and Safety Code end insert begin insert ,
to read: end insert

begin insert

begin insert 120338. end insert   

Notwithstanding Sections 120325 and 120335, any
immunizations deemed appropriate by the department pursuant
to paragraph 11 of subdivision (a) of Section 120325 or paragraph
11 of subdivision (b) of Section 120335, may be mandated before
a pupil’s first admission to any private or public elementary or
secondary school, child care center, day nursery, nursery school,
family day care home, or development center, only if exemptions
are allowed for both medical reasons and personal beliefs.

end insert

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 120365 of the Health and Safety Code is
repealed.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

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 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)  begin delete When end delete begin insert If end insert there is good cause to believe that a child begin delete 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, end delete begin insert 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, end insert 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.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

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.