BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:                    SB 792    
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          |AUTHOR:        |Mendoza                                        |
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          |VERSION:       |April 7, 2015                                  |
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          |HEARING DATE:  |April 15, 2015 |               |               |
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          |CONSULTANT:    |Melanie Moreno                                 |
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           SUBJECT  :  Day care facilities:  immunizations:  exemptions

           SUMMARY  :1.  Prohibits, commencing September 1, 2016, a person from being  
            employed at a day care center or a day care home if he or she  
            has not been immunized according to the schedule for routine  
            adult immunizations, as recommended by the federal Centers for  
            Disease Control and Prevention Advisory Committee on  
            Immunization Practices, with the exception of immunization  
            against human papillomavirus.
          
          Existing law:
          1.Permits a person to be hired as a teacher in a day care center  
            if he or she is 18 years or older and meets certain  
            educational requirements.

          2.Requires family day care homes for children to apply to the  
            Department of Social Services (DSS) for a license and requires  
            applicants to file an application on forms furnished by DSS,  
            as specified, and to include specified documentation related  
            to finances, fire safety, employee fingerprints, and  
            tuberculosis clearance.  

          3.Prohibits the governing authority of a school or other  
            institution from unconditionally admitting any person as a  
            pupil of private or public elementary or secondary schools,  
            child care centers, day nurseries, nursery schools, family day  
            care homes, or development centers, unless, prior to first  
            admission to that institution, he or she has been fully  
            immunized against diphtheria, haemophilus influenzae type b  
            (Hib), measles, mumps, pertussis, poliomyelitis, rubella,  
            tetanus, hepatitis b (except after 7th grade), and chickenpox,  
            as specified. 








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          4.Permits the Department of Public Health (DPH) to add to this  
            list any other disease deemed appropriate, taking into  
            consideration the recommendations of the Centers for Disease  
            Control and Prevention (CDC) Advisory Committee on  
            Immunization Practices (ACIP) and the American Academy of  
            Pediatrics (AAP) Committee on Infectious Diseases.  

          5.Waives the above immunization requirements 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 or medical circumstances  
            relating to the child are such that immunization is not  
            considered safe.  Requires the statement to indicate the  
            specific nature and probable duration of the medical condition  
            or circumstances that contraindicate immunization.

          6.Waives the above immunization requirements if the parent or  
            guardian or adult who has assumed responsibility for the  
            child's care and custody, or the person seeking admission, if  
            an emancipated minor, files a letter with the governing  
            authority stating that the immunization is contrary to his or  
            her beliefs (commonly referred to as a "personal belief  
            exemption" or "PBE.")  

          7.Requires a separate form prescribed by DPH to accompany a PBE.  
             Requires the form to include:

                  a.        A signed attestation from a health care  
                    practitioner that indicates that the parent or  
                    guardian of the person who is subject to the  
                    immunization requirements, the adult who has assumed  
                    responsibility for the care and custody of the person,  
                    or the person if an emancipated minor, was provided  
                    with information regarding the benefits and risks of  
                    the immunization and the health risks of the  
                    communicable diseases listed above to the person and  
                    to the community. Requires the attestation to be  
                    signed within six months of the date when the person  
                    first becomes subject to the immunization requirement  
                    for which the PBE is being sought.

                  b.        A written statement signed by the parent or  
                    guardian of the person who is subject to the  
                    immunization requirements, the adult who has assumed  
                    responsibility for the care and custody of the person,  








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                    or the person if an emancipated minor, that indicates  
                    that the signer has received the information provided  
                    by the health care practitioner pursuant to a) above.  
                    Requires the statement to be signed within six months  
                    of the date when the person first becomes subject to  
                    the immunization requirements.

          8.Permits a child for whom the requirement has been waived,  
            whenever there is good cause to believe that he or she has  
            been exposed to one of the specified communicable diseases, to  
            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 the disease.
          
          This bill:
          1.Prohibits, commencing September 1, 2016, a person from being  
            employed at a day care center or a day care home if he or she  
            has not been immunized according to the schedule for routine  
            adult immunizations, as recommended by ACIP, with the  
            exception of immunization against human papillomavirus (HPV).

          2.Exempts a person from this requirement only under either of  
            the following circumstances:

                  a.        The person submits a written statement from a  
                    licensed physician declaring that because of the  
                    person's physical condition or medical circumstances,  
                    immunization is not safe. Requires the statement to  
                    indicate the probable duration of the medical  
                    condition or circumstances that contraindicate  
                    immunization; or,

                  b.        The person submits a written statement from a  
                    licensed physician providing that the person has  
                    evidence of current immunity to the diseases included  
                    on the immunization schedule.

          3.Places the immunization requirement above specifically on day  
            care teachers.

          4.Requires, as a condition of licensing by DSS commencing  
            September 1, 2016, family day care home applicants to provide  
            evidence of current immunity pursuant to 1) above for the  
            applicant and any other person who provides care and  
            supervision to the children.








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           FISCAL  
          EFFECT  :  This bill has not been analyzed by a fiscal committee.



           COMMENTS  :
          1.Author's statement.  According to the author, children in day  
            care settings have close, intimate contact with each other and  
            with the staff who work there. Many of these children are too  
            young to be fully immunized against potentially serious  
            communicable diseases. Children who are too young to be  
            vaccinated rely on those around them to be immunized to  
            prevent the spread of disease (community immunity). This bill  
            will protect children in day care by requiring those who care  
            for them to maintain immunity. Some diseases, such as the flu,  
            cause only a relative inconvenience to healthy adults.  
            However, this same disease can require hospitalization and  
            perhaps even be fatal in an infant or an individual with a  
            suppressed immune system. Other diseases in the ACIP schedule  
            include very serious conditions, formerly under control, that  
            have resurfaced in recent years, including pertussis and  
            measles. By requiring vaccination for pre-school workers,  
            vulnerable children will be "cocooned" from potentially  
            serious illness, and day care centers will be a safe and  
            healthy place for our little ones to learn and play.
            
          2.Immunizations.  According to the CDC, vaccines contain the  
            same antigens or parts of antigens that cause diseases, but  
            the antigens in vaccines are either killed or greatly  
            weakened. Vaccine antigens are not strong enough to cause  
            disease, but they are strong enough to make the immune system  
            produce antibodies against them. Memory cells prevent  
            re-infection when they encounter that disease again in the  
            future. Vaccines are responsible for the control of many  
            infectious diseases that were once common around the world,  
            including polio, measles, diphtheria, pertussis (whooping  
            cough), rubella (German measles), mumps, tetanus, and Hib.  
            Vaccines eradicated smallpox, one of the most devastating  
            diseases in history. Over the years, vaccines have prevented  
            countless cases of infectious diseases and saved literally  
            millions of lives. Vaccine-preventable diseases have a costly  
            impact, resulting in doctor's visits, hospitalizations, and  
            premature deaths. Sick children can also cause parents to lose  
            time from work. CDC recommends routine vaccination to prevent  








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            17 vaccine-preventable diseases that occur in infants,  
            children, adolescents, or adults.

          3.ACIP. The ACIP consists of 15 experts who are voting members  
            and are responsible for making vaccine recommendations. The  
            Secretary of the U.S. Department of Health and Human Services  
            selects these members after an application, interview, and  
            nomination process. Fourteen of the members have expertise in  
            vaccinology, immunology, pediatrics, internal medicine,  
            nursing, family medicine, virology, public health, infectious  
            diseases, and/or preventive medicine; one member is a consumer  
            representative who provides perspectives on the social and  
            community aspects of vaccination. ACIP develops written  
            recommendations for the routine administration of vaccines to  
            pediatric and adult populations, along with schedules  
            regarding the appropriate periodicity, dosage, and  
            contraindications applicable to the vaccines and is the only  
            entity within the federal government which makes such  
            recommendations. The overall goals of ACIP are to provide  
            advice to assist in reducing the incidence of  
            vaccine-preventable diseases and to increase the safe usage of  
            vaccines and related biological products.  

            ACIP, along with AAP, the American Academy of Family  
            Physicians, and the American College of Obstetricians and  
            Gynecologists, approved the 2015 Recommended Immunization  
            Schedules for Persons Aged 0 Through 18 Years. Children under  
            six are recommended to receive vaccines for: hepatitis b;  
            rotavirus; diphtheria, tetanus, and pertussis (DTaP); Hib;  
            pneumococcal; polio; influenza; measles, mumps, rubella (MMR);  
            varicella; hepatitis a; and meningococcal.

          4.California vaccination rates. According to an August 2014 DPH  
            fact sheet, vaccination coverage in California is at or near  
            all-time high levels. DPH states that the implementation of  
            current vaccine requirements has been effective in maintaining  
            greater than or equal to 92 percent immunization coverage  
            among children in licensed child care facilities and  
            kindergartens.  DPH would like immunization rates to be as  
            close to 100 percent as possible, and is using national   
            Healthy People 2020 objectives as a benchmark to monitor  
            progress.  These objectives include: toddlers/pre-school: 90  
            percent rate for four doses of DTaP, 3 or 4 doses of Hib  
            vaccine, 3 doses of hepatitis b vaccine, 1 dose of MMR, 3  
            doses of polio vaccine, and one dose of varicella vaccine;  








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            kindergarteners: 95 percent rate for 4 doses DTaP, 2 MMR, 3  
            polio vaccine, 3 hepatitis b vaccine, and 2 doses of varicella  
            vaccine; and for 13 to 15 year olds: 80 percent Tdap  
            vaccination rate.  The DPH Immunization Branch maintains data  
            on its website related to vaccination rates and is searchable  
            statewide and by school (kindergarten and seventh grade rates)  
            and child care facility.  This year, 89.4 percent of the  
            434,922 children aged two to five years enrolled in reporting  
            child care facilities received all required immunizations (4+  
            DTP, 3+ Polio, 1+ MMR, 1+ Hib, 3+ Hep B, and 1+ Vari or  
            physician-documented varicella disease), a 0.1 percent  
            increase from the prior year. 'Conditional' entrants (children  
            in process to be fully vaccinated but not yet having all  
            required vaccinations), decreased by 0.1 percent this past  
            year. There were 2,734 (0.56 percent) children with permanent  
            medical exemptions (PMEs) and 12,981 (2.67 percent) with PBEs.  
            Children with PBEs decreased from 2.94 percent this past year.  
            For all facilities, immunization coverage was greater than or  
            equal to 94 percent for each vaccine this year.

          5.Double referral. This bill is double referred. Should it pass  
            out of this committee, it will be referred to the Senate  
            Committee on Human Services.

          6.Related legislation. SB 277 (Pan and Allen) eliminates the  
            personal belief exemption from the requirement that children  
            receive specified vaccines for certain infectious diseases  
            prior to being admitted to any public or private elementary or  
            secondary school or day care center. SB 277 passed the Senate  
            Health Committee by a vote of 6-2 on April 8, 2015 and is set  
            for hearing on April 15, 2015 in the Senate Committee on  
            Education.
          
          7.Prior legislation. SB 2109 (Pan), Chapter 821, Statutes of  
            2012, requires, on and after January 1, 2014, a separate form  
            prescribed by DPH to accompany a letter or affidavit for a  
            PBE.  Requires the form to include:

               a.     A signed attestation from a health care practitioner  
                 that indicates he or she provided information regarding  
                 the benefits and risks of the immunization and the health  
                 risks of the communicable diseases, as specified; and, 

               b.     A written statement signed by the parent or guardian  
                 or an emancipated minor that indicates that the signer  








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                 has received the information provided by the health care  
                 practitioner pursuant a) above.





            The Governor included a message with his signature on this  
            bill, which stated, in part:

               "I will direct (DPH) to allow for a separate religious  
               exemption on the form.  In this way, people whose religious  
               beliefs preclude vaccinations will not be required to seek  
               a health care practitioner's signature."

            AB 2064 (V. Manuel Pérez), of 2012, would have required a  
            health care service plan or health insurer that provides  
            coverage for childhood and adolescent immunizations to  
            reimburse a physician or physician group in an amount not less  
            than the actual cost of acquiring the vaccine plus the cost of  
            administration of the vaccine, as specified. AB 2064 was held  
            on the Assembly Appropriations Committee suspense file.

            SB 614 (Kehoe), Chapter 123, Statutes of 2011, allows a pupil  
            in grades seven through 12, to conditionally attend school for  
            up to 30 calendar days beyond the pupil's first day of  
            attendance for the 2011-12 school year, if that pupil has not  
            been fully immunized with all pertussis boosters appropriate  
            for the pupil's age if specified conditions are met.

            AB 354 (Arambula), Chapter 434, Statutes of 2010, allows DPH  
            to update vaccination requirements for children entering  
            schools and child care facilities and adds the American  
            Academy of Family Physicians to the list of entities whose  
            recommendations DPH must consider when updating the list of  
            required vaccinations. Requires children entering grades 7  
            through 12 receive a TDaP booster prior to admittance to  
            school.

            AB 1201 (V. Manuel Pérez), of 2009, would have required a  
            health care service plan or health insurer that provides  
            coverage for childhood and adolescent immunizations to  
            reimburse a physician or physician group the entire cost of  
            acquiring and administering the vaccine, and prohibits a  
            health plan or insurer from requiring cost-sharing for  








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            immunizations. AB 1201 was held on the Assembly Appropriations  
            Committee suspense file.

            SB 1179 (Aanestad), of 2008, would have deleted DPH's  
            authority to add diseases to the list of those requiring  
            immunizations prior to entry to any private or public  
            elementary or secondary school, child care center, day  
            nursery, nursery school, family day care home, or development  
            center. SB 1179 died in Senate Health Committee.

            AB 2580 (Arambula), of 2008, would have required pupils  
            entering the seventh grade to be fully immunized against  
            pertussis by receiving any necessary adolescent booster  
            immunization. AB 2580 was held on the Senate Appropriations  
            Committee suspense file.

            SB 676 (Ridley-Thomas), of 2007, would have required pupils  
            entering the seventh grade to be fully immunized against  
            pertussis. SB 676 was held on the Assembly Appropriations  
            Committee suspense file. 

            SB 533 (Yee), of 2007, would have added pneumococcus to the  
            list of diseases that pupils are required to be immunized  
            against before entry into any private or public elementary or  
            secondary school, child care center, day nursery, nursery  
            school, family day care home, or development center, except  
            for children who are 24 months of age or older.  SB 533 was  
            vetoed by the Governor, who stated that a mandate for this  
            vaccination was not necessary.
            
          8.Support.  The Health Officers Association of California writes  
            that given that child care workers have close, intimate  
            contact with children who are unable to be fully immunized, it  
            is important to ensure that these dedicated professionals that  
            are not inadvertently exposing children to potentially fatal,  
            yet vaccine-preventable, childhood diseases.  The California  
            Primary Care Association states that vaccines are a modern  
            medical miracle, but the are only effective if people working  
            with our vulnerable children are required to be vaccinated.   
            Knowledge Universe states the U.S. is experiencing a  
            multi-state outbreak of measles, and at one child care center  
            alone this year, 12 infants became sick with the measles as  
            this highly contagious illness spread from one infant to all  
            other infants in the center.  March of Dimes states that they  
            support this bill because it will help protect children in day  








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            cares from vaccine-preventable diseases but recommend that it  
            be amended to allow for an exemption for medical reasons to be  
            consistent with existing state law on immunizations.  

          9.Opposition.   The California Right to Life Committee, Inc.  
            states that it does not support governmental agencies  
            interfering with private businesses in this circumstance as it  
            would place an undue burden on small businesses.

           SUPPORT AND OPPOSITION  :
          Support:  Health Officers Association of California (sponsor)
                    American Academy of Pediatrics
                    California Academy of Family Physicians
                    California Chapter National Association of Social  
                    Workers
                    California Primary Care Association
                    Children Now
                    County Health Executives Association of California
                    Knowledge Universe
                    March of Dimes California Chapter
          
          Oppose:   AWAKE California
                    California Right to Life Committee, Inc.
                    Three individuals

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