BILL ANALYSIS Ó
SB 792
Page 1
SENATE THIRD READING
SB
792 (Mendoza)
As Amended September 4, 2015
Majority vote
SENATE VOTE: 34-3
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Health |17-1 |Bonta, Maienschein, |Waldron |
| | |Bonilla, Burke, Chiu, | |
| | |Gomez, Gonzalez, Roger | |
| | |Hernández, Lackey, | |
| | |McCarty, Nazarian, | |
| | |Patterson, | |
| | |Ridley-Thomas, | |
| | |Rodriguez, Steinorth, | |
| | |Thurmond, Wood | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Human Services |6-1 |Chu, Calderon, Lopez, |Mayes |
| | |Maienschein, Mark | |
| | |Stone, Thurmond | |
| | | | |
|----------------+-----+-----------------------+---------------------|
|Appropriations |16-1 |Gomez, Bigelow, Bloom, |Jones |
SB 792
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| | |Bonta, Calderon, | |
| | |Chang, Gordon, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Holden, Quirk, Rendon, | |
| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Requires day care workers or volunteers to be
vaccinated for specified infectious diseases as a condition of
participation. Specifically, this bill:
1)Prohibits, after September 1, 2016, a day care center or a
family day care home from employing any person, or allowing
any person to volunteer, who has not been immunized against
measles, pertussis, and influenza (flu).
2)Specifies circumstances under which a person would be exempt
from the immunization requirement based on medical safety,
current immunity, or, for flu vaccine, timing of hire or
employee declination.
3)Permits a person to be employed or volunteer conditionally for
30 days after submitting a written statement attesting that
they have been immunized as required, but need additional time
to obtain and provide their records.
4)Requires any person hired or volunteering as a teacher in a
day care center to present evidence of a current tuberculosis
clearance, as specified.
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FISCAL EFFECT: According to the Assembly Appropriations
Committee, costs to Department of Social Services, which
licenses child care facilities, are expected to be minor and
absorbable.
COMMENTS: 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.
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.
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
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.
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1)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 the
California Department of Public Health, 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.
2)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 Centers
for Disease Control and Prevention (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 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.
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3)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.
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.
In recent years a few other states, including Vermont, Colorado,
and Illinois have considered legislation to require vaccinations
for teachers or child care workers. In 2014, Texas passed a law
requiring child-care facilities to develop and implement a
policy concerning vaccination of employees.
The Health Officers Association of California, sponsor of this
bill, writes that given that child care workers have close,
intimate contact with children who are unable to be fully
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immunized, it is important to ensure that these dedicated
professionals are not inadvertently exposing children to
potentially fatal, yet vaccine-preventable, childhood diseases.
Knowledge Universe, 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.
The California Right to Life Committee and several other groups
opposed to vaccination mandates state that this bill places an
unwarranted burden on child care employees, as well as an
unnecessary mandate that day care owners must enforce.
Analysis Prepared by:
Dharia McGrew / HEALTH / (916) 319-2097 FN:
0002104