Amended in Assembly June 11, 2015

Amended in Senate May 7, 2015

Amended in Senate May 5, 2015

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,begin insert Bloom,end insert Chiu, Cooper, Cristina Garcia,begin insert Jones-Sawyer,end insert Low, McCarty, Nazarian,begin insert Quirk,end insert Rendon, Mark Stone, and Wood)

February 19, 2015


An act to amend Sections 120325, 120335,begin delete and 120370end deletebegin insert 120370, and 120375end insert of, to add Section 120338 to, 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.

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 existing specified immunization requirements based upon personal beliefs, but would allow exemption from future immunization requirements deemed appropriate by the State Department of Public Health for either medical reasons or personal beliefs. The bill would exempt pupils in a home-based private school and students enrolled in an independent study programbegin insert and who do not receive classroom-based instruction,end insert pursuant to specified law from the prohibition described above.begin insert The bill would allow pupils who, prior to January 1, 2016, have a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization, to be enrolled in any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span, as defined. Except as under the circumstances described above, on and after January 1, 2016, the bill would prohibit a governing authority from unconditionally admitting to any of those institutions for the first time or admitting or advancing any pupil to the 7th grade level, unless the pupil has been immunized as required by the bill. The bill would specify that its provisions do not prohibit a pupil who qualifies for an individualized education program, pursuant to specified laws, from accessing any special education and related services required by his or her individualized education program.end insert The bill would narrow the authorization for temporary exclusion from a school or other institution to make it applicable only to a child who has been exposed to a specified disease and 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.

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

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

P3    1

SECTION 1.  

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

3

120325.  

In enacting this chapter, but excluding Section 120380,
4and in enacting Sections 120400, 120405, 120410, and 120415, it
5is the intent of the Legislature to provide:

6(a) A means for the eventual achievement of total immunization
7of appropriate age groups against the following childhood diseases:

8(1) Diphtheria.

9(2) Hepatitis B.

10(3) Haemophilus influenzae type b.

11(4) Measles.

12(5) Mumps.

13(6) Pertussis (whooping cough).

14(7) Poliomyelitis.

15(8) Rubella.

16(9) Tetanus.

17(10) Varicella (chickenpox).

18(11) Any other disease deemed appropriate by the department,
19taking into consideration the recommendations of the Advisory
20Committee on Immunization Practices of the United States
21Department of Health and Human Services, the American Academy
22of Pediatrics, and the American Academy of Family Physicians.

23(b) That the persons required to be immunized be allowed to
24obtain immunizations from whatever medical source they so desire,
25subject only to the condition that the immunization be performed
26in accordance with the regulations of the department and that a
27record of the immunization is made in accordance with the
28regulations.

29(c) Exemptions from immunization for medical reasons.

30(d) For the keeping of adequate records of immunization so that
31health departments, schools, and other institutions, parents or
32guardians, and the persons immunized will be able to ascertain
33that a child is fully or only partially immunized, and so that
34appropriate public agencies will be able to ascertain the
35immunization needs of groups of children in schools or other
36institutions.

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. 2.  

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.
16The following are the diseases for which immunizations shall be
17 documented:

18(1) Diphtheria.

19(2) Haemophilus influenzae type b.

20(3) Measles.

21(4) Mumps.

22(5) Pertussis (whooping cough).

23(6) Poliomyelitis.

24(7) Rubella.

25(8) Tetanus.

26(9) Hepatitis B.

27(10) Varicella (chickenpox).

28(11) Any other disease deemed appropriate by the department,
29taking into consideration the recommendations of the Advisory
30Committee on Immunization Practices of the United States
31Department of Health and Human Services, the American Academy
32of Pediatrics, and the American Academy of Family Physicians.

33(c) Notwithstanding subdivision (b), full immunization against
34hepatitis B shall not be a condition by which the governing
35authority shall admit or advance any pupil to the 7th grade level
36of any private or public elementary or secondary school.

37(d) The governing authority shall not unconditionally admit or
38advance any pupil to the 7th grade level of any private or public
39elementary or secondary school unless the pupil has been fully
P5    1immunized against pertussis, including all pertussis boosters
2 appropriate for the pupil’s age.

3(e) The department may specify the immunizing agents that
4may be utilized and the manner in which immunizations are
5administered.

6(f) This section does not apply to a pupil in a home-based private
7school or a pupil who is enrolled in an independent study program
8pursuant to Article 5.5 (commencing with Section 51745) of
9Chapter 5 of Part 28 of the Educationbegin delete Code.end deletebegin insert Code and does not
10receive classroom-based instruction.end insert

begin insert

11(g) (1) A pupil who, prior to January 1, 2016, submitted a letter
12or affidavit on file at a private or public elementary or secondary
13school, child day care center, day nursery, nursery school, family
14day care home, or development center stating beliefs opposed to
15immunization shall be allowed enrollment to any private or public
16elementary or secondary school, child day care center, day nursery,
17nursery school, family day care home, or development center within
18the state until the pupil enrolls in the next grade span.

end insert
begin insert

19(2) For purposes of this subdivision, “grade span” means each
20of the following:

end insert
begin insert

21(A) Birth to preschool.

end insert
begin insert

22(B) Kindergarten and grades 1 to 6, inclusive, including
23transitional kindergarten.

end insert
begin insert

24(C) Grades 7 to 12, inclusive.

end insert
begin insert

25(3) Except as provided in this subdivision, on and after July 1,
262016, the governing authority shall not unconditionally admit to
27any of those institutions specified in this subdivision for the first
28time, or admit or advance any pupil to 7th grade level, unless the
29pupil has been immunized for his or her age as required by this
30section.

end insert
begin insert

31(h) This section does not prohibit a pupil who qualifies for an
32individualized education program, pursuant to federal law and
33Section 56026 of the Education Code, from accessing any special
34education and related services required by his or her individualized
35education program.

end insert
36

SEC. 3.  

Section 120338 is added to the Health and Safety Code,
37to read:

38

120338.  

Notwithstanding Sections 120325 and 120335, any
39immunizations deemed appropriate by the department pursuant to
40paragraph (11) of subdivision (a) of Section 120325 or paragraph
P6    1(11) of subdivision (b) of Section 120335, may be mandated before
2a pupil’s first admission to any private or public elementary or
3secondary school, child care center, day nursery, nursery school,
4family day care home, or development center, only if exemptions
5are allowed for both medical reasons and personal beliefs.

6

SEC. 4.  

Section 120365 of the Health and Safety Code is
7repealed.

8

SEC. 5.  

Section 120370 of the Health and Safety Code is
9amended to read:

10

120370.  

(a) If the parent or guardian files with the governing
11authority a written statement by a licensed physician to the effect
12that the physical condition of the child is such, or medical
13circumstances relating to the child are such, that immunization is
14not considered safe, indicating the specific nature and probable
15duration of the medical condition or circumstancesbegin delete that
16contraindicateend delete
begin insert for which the physician does not recommendend insert
17 immunization, that child shall be exempt from the requirements
18of Chapter 1 (commencing with Section 120325, but excluding
19 Section 120380) and Sections 120400, 120405, 120410, and
20120415 to the extent indicated by the physician’s statement.

21(b) If there is good cause to believe that a child has been exposed
22to a disease listed in subdivision (b) of Section 120335 and his or
23her documentary proof of immunization status does not show proof
24of immunization against that disease, that child may be temporarily
25excluded from the school or institution until the local health officer
26is satisfied that the child is no longer at risk of developing or
27transmitting the disease.

28begin insert

begin insertSEC. 6.end insert  

end insert

begin insertSection 120375 of the end insertbegin insertHealth and Safety Codeend insertbegin insert is
29amended to read:end insert

30

120375.  

(a) The governing authority of each school or
31institution included in Section 120335 shall require documentary
32proof of each entrant’s immunization status. The governing
33authority shall record the immunizations of each new entrant in
34the entrant’s permanent enrollment and scholarship record on a
35form provided by the department. The immunization record of
36each new entrant admitted conditionally shall be reviewed
37periodically by the governing authority to ensure that within the
38time periods designated by regulation of the department he or she
39has been fully immunized against all of the diseases listed in
P7    1Section 120335, and immunizations received subsequent to entry
2shall be added to the pupil’s immunization record.

3(b) The governing authority of each school or institution
4included in Section 120335 shall prohibit from further attendance
5any pupil admitted conditionally who failed to obtain the required
6immunizations within the time limits allowed in the regulations
7of the department, unless the pupil is exempted under Section
8begin delete 120365 orend delete 120370, until that pupil has been fully immunized
9against all of the diseases listed in Section 120335.

10(c) The governing authority shall file a written report on the
11immunization status of new entrants to the school or institution
12under their jurisdiction with the department and the local health
13department at times and on forms prescribed by the department.
14As provided in paragraph (4) of subdivision (a) of Section 49076
15of the Education Code, the local health department shall have
16access to the complete health information as it relates to
17immunization of each student in the schools or other institutions
18listed in Section 120335 in order to determine immunization
19deficiencies.

20(d) The governing authority shall cooperate with the county
21health officer in carrying out programs for the immunization of
22persons applying for admission to any school or institution under
23its jurisdiction. The governing board of any school district may
24use funds, property, and personnel of the district for that purpose.
25The governing authority of any school or other institution may
26permit any licensed physician or any qualified registered nurse as
27provided in Section 2727.3 of the Business and Professions Code
28to administer immunizing agents to any person seeking admission
29to any school or institution under its jurisdiction.



O

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