BILL ANALYSIS Ó SENATE COMMITTEE ON HEALTH Senator Ed Hernandez, O.D., Chair BILL NO: SB 792 --------------------------------------------------------------- |AUTHOR: |Mendoza | |---------------+-----------------------------------------------| |VERSION: |April 7, 2015 | --------------------------------------------------------------- --------------------------------------------------------------- |HEARING DATE: |April 15, 2015 | | | --------------------------------------------------------------- --------------------------------------------------------------- |CONSULTANT: |Melanie Moreno | --------------------------------------------------------------- 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. SB 792 (Mendoza) Page 2 of ? 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, SB 792 (Mendoza) Page 3 of ? 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. SB 792 (Mendoza) Page 4 of ? 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 SB 792 (Mendoza) Page 5 of ? 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; SB 792 (Mendoza) Page 6 of ? 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 SB 792 (Mendoza) Page 7 of ? 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 SB 792 (Mendoza) Page 8 of ? 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 SB 792 (Mendoza) Page 9 of ? 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 -- END --