BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 30, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          SB  
          792 (Mendoza) - As Amended June 22, 2015


          SENATE VOTE:  34-3


          SUBJECT:  Day care facilities: immunizations: exemptions.


          SUMMARY:  Prohibits, after September 1, 2016, a day care center  
          or a family day care home from employing any person who has not  
          been immunized against measles, pertussis, and influenza.   
          Specifies circumstances under which a person would be exempt  
          from the immunization requirement based on medical safety,  
          current immunity, or employee declination.  Specifically, this  
          bill:  


          1)Prohibits a person from being employed at a day care center or  
            a family day care home if he or she has not been immunized  
            against measles and pertussis, and has received an annual  
            seasonal influenza vaccine.



          2)Exempts a person from this requirement only under the  
            following circumstances:










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



             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; or,

             c)   The person submits a written declaration that he or she  
               has declined the influenza vaccination. This exemption  
               applies only to the influenza vaccine; or,



             d)   The person is temporarily exempt from influenza  
               vaccination if hired after December 1, until August 1.



          3)Makes conforming changes to statute defining the  
            qualifications for day care center teachers and for licensure  
            as a family day care center, including:

             a)   Makes provision of the evidence of current immunity, as  
               defined, a condition of hiring a teacher in a day care  
               center; and,



             b)   Requires as a condition of licensure by the California  
               Department of Social Services (DSS) that family day care  
               home applicants must provide evidence of current immunity,  








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               as defined, for the applicant and any other person who  
               provides care and supervision to the children.  


          


          EXISTING LAW:


          1)Establishes the Child Day Care Facilities Act with DSS as the  
            licensing entity for child care centers and family child care  
            homes, states legislative intent to provide a comprehensive,  
            quality system for licensing child day care facilities to  
            ensure a quality day care environment and that good quality  
            child day care services are an essential service for working  
            parents. 



          2)Defines a "child day care facility" as a facility that  
            provides nonmedical care to children under 18 years of age in  
            need of personal services, supervision, or assistance on less  
            than a 24-hour basis, as specified, and includes in that  
            definition day care centers, employer-sponsored child care  
            centers, and family day care homes. 



          3)Defines a "day care center" to mean any child day care  
            facility other than a family day care home, including infant  
            centers, preschools, extended day care facilities, and school  
            age child care centers, and defines a "family day care home"  
            as a home that regularly provides care, protection, and  
            supervision for 14 or fewer children, in the provider's own  
            home, as defined. 











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          4)Establishes within the state Communicable Disease Prevention  
            and Control Act specific immunization requirements for  
            educational and child care facilities and 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 (whooping cough), poliomyelitis, rubella,  
            tetanus, hepatitis b (except after 7th grade), and varicella  
            (chickenpox). 



          5)Permits the Department of Public Health (DPH) to add to the  
            list in 4) above 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.



          6)Waives the immunization requirement if the child's parent or  
            guardian files 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. 



          7)Waives the immunization requirement if the child's parent,  
            guardian or the adult who has assumed responsibility for the  
            child's care and custody files a letter with the governing  
            authority stating that the immunization is contrary to his or  








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            her beliefs (commonly referred to as a "personal belief  
            exemption" or PBE). 



          8)Permits a person to be hired as a teacher in a day care center  
            if he or she is at least 18 years of age, possesses a regional  
            occupation program certificate of training in child care  
            occupations, as defined, and has completed at least 95 hours  
            of classroom instruction in child care and development and  
            child care occupations and at least 150 hours in supervised  
            field experience in a licensed day care center or comparable  
            group child care program. 



          9)Requires a family day care home to apply to DSS for licensure  
            and to submit documentation related to financial security,  
            disaster planning, fire safety, and both fingerprint and  
            tuberculosis clearances for any adult in the home when  
            children are present. 

          10)Allows a day care center licensee 30 days after the  
            employment of a staff person or enrollment of a child to  
            secure records requiring information from sources not in the  
            control of the licensee or employee, such as physician  
            examinations, immunization confirmations, or proof of  
            educational qualifications.  An extension can be granted where  
            the licensee can demonstrate that further delays are beyond  
            the control of the licensee. 





          11)Requires as of July 1, 2007, that the state enforce a  
            requirement for each general acute care hospital, in  
            accordance with the CDC guidelines, to take all of the  
            following actions:








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             a)   Annually offer onsite influenza vaccinations, if  
               available, to all hospital employees at no cost to the  
               employee.  Each general acute care hospital shall require  
               its employees to be vaccinated, or if the employee elects  
               not to be vaccinated, to declare in writing that he or she  
               has declined the vaccination;



             b)   Institute respiratory hygiene and cough etiquette  
               protocols, develop and implement procedures for the  
               isolation of patients with influenza, and adopt a seasonal  
               influenza plan; and 



             c)   Revise an existing or develop a new disaster plan that  
               includes a pandemic influenza component. Requires the plan  
               to also document any actual or recommended collaboration  
               with local, regional, and state public health agencies or  
               officials in the event of an influenza pandemic. 



          12)Requires, under the current regulation, employers to make  
            available to all susceptible healthcare workers with  
            occupational exposure specified vaccine doses, including  
            seasonal influenza vaccine, measles, mumps, and rubella  
            vaccine, varicella vaccine, and tetanus-diphtheria-acellular  
            pertussis (Tdap) vaccine.  Requires employers to ensure that  
            employees who decline a recommended and offered vaccination  
            sign the declination statement.  Applies this requirement to  
            hospitals, skilled nursing facilities, clinics, medical  
            offices and other outpatient medical facilities, among others.  
             Exempts outpatient medical facilities whose policy is not to  
            diagnose or treat aerosol transmissible diseases from  








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            complying with this standard if they meet certain other  
            conditions. 



          13)Requires, under current regulation, health facility employers  
            to make seasonal influenza vaccine available to all employees  
            at hospitals, skilled nursing facilities, clinics, medical  
            offices and specified outpatient medical facilities who have  
            occupational exposure to the flu, and to ensure that each  
            employee who declines to accept the seasonal flu vaccine signs  
            a statement of declination. 


          14)Under the federal Patient Protection and Affordable Care Act,  
            requires all Health Insurance Marketplace plans and most other  
            private insurance plans to cover, free of copayment or  
            coinsurance, vaccinations for all ACIP-recommended vaccines.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.  



          COMMENTS:


          1)PURPOSE OF THIS BILL.  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.  The author states that this  
            bill will protect children in day care by requiring those who  
            care for them to maintain immunity.  










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          2)BACKGROUND.  The diseases that vaccines prevent can be  
            dangerous, or even deadly. According to the CDC, vaccines  
            reduce the risk of infection by working with the body's  
            natural defenses to help it safely develop immunity to  
            disease.  When bacteria or viruses invade the body, they  
            attack and multiply, creating an infection. The immune system  
            then has to fight the illness.  Once it fights off the  
            infection, the body is left with a supply of cells that help  
            recognize and fight that disease in the future.  Vaccines  
            contain the same antigens or parts of antigens that cause  
            diseases, but the antigens in vaccines are either killed or  
            greatly weakened.  This exposure to the antigens teaches the  
            immune system to develop the same response as it does to the  
            real infection so the body can recognize and fight the disease  
            in the future.





            Public health experts agree that vaccines represent one of the  
            greatest achievements of science and medicine in the battle  
            against disease.  Vaccines are responsible for the control of  
            many infectious diseases that were once common around the  
            world, including polio, measles, diphtheria, pertussis,  
            rubella, mumps, tetanus, and Hib meningitis.  Vaccines helped  
            to eradicate 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.





          3)YOUNG CHILDREN ARE PARTICULARLY AT RISK.  Some diseases, such  
            as the flu, cause only a relative inconvenience to healthy  
            adults.  However, this same disease can require  
            hospitalization and be potentially fatal for infants or  








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            individuals with suppressed immune systems.  Importantly, many  
            vaccines require multiple doses before a child is protected  
            against the disease, and children in day care settings are  
            often too young to complete the recommended series of  
            vaccinations.


             a)   Pertussis is a highly contagious bacterial disease that  
               can be spread by coughing.  People with pertussis have  
               severe coughing attacks that can last for months.  Infants  
               too young for vaccination are at greatest risk for  
               life-threatening cases of pertussis.  Pertussis  
               vaccinations are given starting at two months of age, but  
               multiple doses are required before the child is considered  
               fully immunized.  According to DPH, during a major  
               pertussis outbreak in 2010, there were 9,000 cases of  
               pertussis resulting in 10 infant deaths.  In 2014, there  
               were 11,114 reported cases of whooping cough with three  
               infant deaths.  As of June 1, 2015 there have been 2,552  
               new cases of pertussis in California this year.  Sixty-two  
               infants younger than four months of age have been  
               hospitalized and one death was reported in an infant that  
               contracted pertussis at three weeks of age.  


             b)   Measles is a highly contagious viral disease, and is  
               considered the most deadly of all childhood rash/fever  
               illnesses.  It is recommended that children receive their  
               first measles vaccination at 12 to 15 months; to be most  
               effective, a second dose is recommended at four to six  
               years.  Measles is particularly dangerous for babies and  
               young children.  From 2001-13, 28% of children younger than  
               five years old who had measles had to be treated in the  
               hospital.  For some children, measles can lead to  
               pneumonia, lifelong brain damage, deafness, or death.   
               According to the CDC, the United States declared that  
               measles was eliminated from this country in 2000; however,  
               measles is one of the first diseases to reappear when  
               vaccination coverage rates fall.  In 2014, there were over  








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               600 cases reported to the CDC, the highest in many years.   
               Between 2000 and 2007, the average number of cases was 63  
               per year, less than half the number of the December 2014  
               outbreak in California, which is one of five outbreaks so  
               far this year reported by the CDC.  





             c)   Influenza, or flu, is a contagious respiratory illness  
               caused by influenza viruses.  The CDC recommends a yearly  
               flu vaccine for everyone six months of age and older as the  
               first and most important step in protecting against this  
               serious disease.  Because there are many different flu  
               viruses, the flu vaccine is redesigned annually to protect  
               against the flu strains that research indicates will cause  
               the most illness during the flu season.  Last year in  
               California, 10 children died of influenza.  According to  
               the CDC's nationwide surveillance, 142 children passed away  
               during the 2014-15 flu season due to complications with the  
               flu, bringing the total of pediatric deaths since 2004 to  
               over 1,000.  


          4)COMMUNITY IS LOCAL.  Herd immunity occurs when a significant  
            proportion of the population (or the herd) has been  
            vaccinated, and this provides protection for unprotected  
            individuals. The larger the number of people who are  
            vaccinated in a population, the lower the likelihood that a  
            susceptible (unvaccinated) person will physically come into  
            contact with the infection.  It is more difficult for diseases  
            to spread between individuals if large numbers of people are  
            already immune, and the chain of infection is broken.  The  
            reduction of herd immunity places unvaccinated persons at  
            risk, including those who cannot receive vaccinations for  
            medical reasons.  Those who cannot receive vaccines include  
            those with compromised immune systems, older adults, small  
            children and babies, all depending on the vaccine.








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            There the protective effect of herd immunity wanes as large  
            numbers of children do not receive some or all of the required  
            vaccinations, resulting in the reemergence of vaccine  
            preventable diseases in the U.S.  Statewide statistics  
            indicate that in 2014-15 school year, 90.4% of kindergartens  
            received all required immunizations.  The widespread reporting  
            of statewide numbers, however, potentially masks a better  
            understanding of more relevant data, such as town, city, or  
            county vaccination rates.  Because students are not  
            interacting with every individual in the entire state, the  
            local vaccination rate is more relevant to the discussion of  
            community immunity.  The vaccination rate of the community  
            that a child interacts with on a daily basis, such as family  
            members, teachers, and other students, is more relevant than a  
            statewide number. 





            The vaccination rate in various communities varies widely  
            across the state.  Those areas become more susceptible to an  
            outbreak than the state's overall vaccination levels may  
            suggest.  These communities make it difficult to control the  
            spread of disease and make us vulnerable to having the virus  
            re-establish itself.  In day care settings, small classroom  
            size and low teacher-to-student ratio has raised concerns that  
            teachers and workers should also be required to be immunized  
            in order to ensure the community interacting daily with very  
            young children maintains a vaccination level high enough to  
            protect community immunity.  













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          5)ADULT VACCINE REQUIREMENTS IN THE HEALTHCARE WORKFORCE.  State  
            law mandates that each general acute care hospital require its  
            employees to be vaccinated against influenza annually.  State  
            law additionally mandates that all employees in general acute  
            care hospitals be offered a free influenza vaccine annually by  
            their employer, if the vaccine is available.  The California  
            Code of Regulations additionally requires employers at  
            hospitals, skilled nursing facilities, clinics, medical  
            offices and specified outpatient medical facilities to make  
            available an annual influenza vaccine for employees who have  
            occupational exposure to the flu.  In each of these settings,  
            the employee may elect not to be vaccinated, and file a  
            declaration in writing that he or she has declined the  
            vaccination.  
            


            State regulations require the same employers above to make  
            available to all susceptible healthcare workers who have  
            occupational exposure to specific airborne illnesses, which  
            include seasonal influenza, measles, mumps, and rubella,  
            varicella, and the Tdap vaccine.  Employers are required to  
            ensure that employees who decline to accept a vaccination that  
            is recommended and offered sign a declination statement.


          6)ADULT WORKER VACCINATIONS IN OTHER STATES.  According to the  
            CDC, 12 states have requirements for some vaccination of  
            healthcare workers.  Some states, including California,  
            require employers to offer vaccines to their healthcare staff  
            under certain exposure conditions.  Most states with required  
            vaccinations for healthcare workers include exemptions for  
            personal beliefs: Alabama, New Mexico and several others do  
            not.  Many states only mandate certain vaccines - the most  
            prominent being the Measles, Mumps and Rubella vaccine.  Some  
            states have various requirements for daycare workers.  In  
            2014, Texas passed a law requiring child-care facilities to  
            develop and implement a policy concerning vaccination of  
            employees.  Colorado requires staff at day care centers be  








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            current for all immunizations routinely recommended for adults  
            by their health care provider. 



          7)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 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 they 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.  The Santa Clara County Board of  
            Supervisors and other supporters state that it is important to  
            ensure that child care professionals are not inadvertently  
            exposing children to potentially fatal, yet  
            vaccine-preventable, childhood diseases. 


          8)OPPOSITION.  The California Right to Life Committee states  
            that this bill places an unwarranted burden on child care  
            employees, as well as an unnecessary mandate that day care  
                                                                           owners must enforce. California Coalition for Health Choice  
            states that "this bill capitalizes on fears of a nonexistent  
            public health crisis, discriminates against select groups, and  
            offers no sound incentives to expand public health education."  
             Your Family, Your Choice opposes the bill unless it is  
            amended to include a personal belief or religious exemption.   
            They also request amendments to exclude from the mandate  
            caregivers who do not care for infants. 


          9)RELATED LEGISLATION.  SB 277 (Pan and Allen) eliminates the  








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            non-medical exemptions 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 was approved by  
            the Assembly on June 25, 2015 by a vote of 46 - 30 and is  
            currently pending concurrence of Assembly amendments in the  
            Senate. 


          10)DOUBLE REFERRAL.  This bill is double referred; upon passage  
            in this Committee, this bill will be referred to the Assembly  
            Human Services Committee.


          11)POLICY COMMENT.  


             a)   Current law requires employers to collect and keep  
               specific records for each new hire.  This bill would  
               require an annual review of employee records for influenza  
               vaccination.  The Committee may wish to consider whether  
               this bill would require additional burden on employers to  
               annually review employee files, remind employees about  
               requirements, and keep track of documentation. 


             b)   The Department of Industrial Relations has, through  
               regulation, created a standardized form that health care  
               employees sign, and employers keep on file, when the  
               employee declines offered vaccination.  The Committee may  
               wish to consider whether a standardized declination form  
               would be useful for the child care industry as well.  


          12)SUGGESTED AMENDMENTS.  


             a)   The medical exemption in the bill, as drafted, may  
               require the physician to disclose confidential medical  








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               information that could be protected by state and federal  
               law.  To address this privacy concern, the bill should be  
               amended on page 2 as follows: 


               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.  The statement shall indicate the probable duration of  
               the medical condition or circumstances that contraindicate  
               immunization.


              b)   Technical Amendment: An incorrect cross-reference should  
               be amended on page 3, line 22 of the bill as follows: 


               Commencing September 1, 2016, has provided evidence of  
               current immunity, as described in  paragraph (1) (2) of  
               subdivision (b) of  Section 1596.7995.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Health Officers Association of California (sponsor)


          Alameda County Board of Supervisors


          American Academy of Pediatrics










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          American Nurses Association \ California


          California Academy of Family Physicians


          California Academy of Preventive Medicine


          California Federation of Teachers


          California Hospital Association


          California Medical Association


          California Public Health Association - North


          California Primary Care Association


          Child Care Law Center


          Children Now


          County Health Executives Association of California


          First 5 California


          Knowledge Universe










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          Los Angeles County Board of Supervisors


          March of Dimes, California Chapter


          National Association of Social Workers - California


          Santa Clara County Board of Supervisors




          Opposition
          AWAKE California
          California Right to Life Committee, Inc.
          Canary Party - California
          Educate. Advocate. 
          LifeWays North America (unless amended)
          National Vaccine Information Center
          Your Family, Your Choice (unless amended)
          Hundreds of individuals


          Analysis Prepared by:Dharia McGrew / HEALTH / (916)  
          319-2097