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Italicized text includes proposed additions to law or the previous version of the bill.
Struck text includes proposed deletions to law or the previous version of the bill.

(pdf version)
AMENDED IN SENATE AUGUST 20, 2012
AMENDED IN SENATE JUNE 20, 2012
AMENDED IN ASSEMBLY APRIL 23, 2012

INTRODUCED BY Assembly Member Pan
(Principal coauthor: Senator Wolk)
(Coauthor: Assembly Member Fuentes)

FEBRUARY 23, 2012

An act to amend Section 120365 of the Health and Safety Code,
relating to communicable disease.


LEGISLATIVE COUNSEL'S DIGEST


AB 2109, as amended, Pan. Communicable disease: immunization
exemption.
Existing law prohibits the governing authority of a school or
other institution from unconditionally admitting any person as a
pupil of any private or public elementary or secondary school, child
care center, day nursery, nursery school, family day care home, or
development center, unless prior to his or her first admission to
that institution he or she has been fully immunized against various
diseases, as specified.
Existing law exempts a person from the above-described
immunization requirement if the parent or guardian or other specified
persons file with the governing authority a letter or affidavit
stating that the immunization is contrary to his or her beliefs.
This bill would instead require this letter or affidavit to
document which required immunizations have been given, and which have
not been given on the basis that they are contrary to the parent or
guardian's or other specified person's beliefs. The bill would
require, on and after January 1, 2014, the letter or affidavit to be
accompanied by a form prescribed by the State Department of Public
Health that includes a signed attestation from a health care
practitioner, as defined, that indicates that the health care
practitioner provided the parent or guardian of the person, the adult
who has assumed responsibility for the care and custody of the
person, or the person, if an emancipated minor, who is subject to the
immunization requirements with information regarding the benefits
and risks of the immunization and the health risks of specified
communicable diseases. The bill would require the form to include a
written statement by the parent, guardian, other specified persons,
or person, if an emancipated minor, that indicates that he or she
received the information from the health care practitioner.
By imposing new duties upon local officials, this bill would
create a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 120365 of the Health and Safety Code is amended
to read:
120365. (a) Immunization of a person shall not be required for
admission to a school or other institution listed in Section 120335
if the parent or guardian or adult who has assumed responsibility for
his or her care and custody in the case of a minor, or the person
seeking admission if an emancipated minor, files with the governing
authority a letter or affidavit that documents which immunizations
required by Section 120355 have been given, and which immunizations
have not been given on the basis that they are contrary to his or her
beliefs.
(b) On and after January 1, 2014, a form prescribed by the State
Department of Public Health shall accompany the letter or affidavit
filed pursuant to subdivision (a). The form shall include both of the
following:
(1) A signed attestation from the health care practitioner that
indicates that the health care practitioner provided the parent or
guardian of the person who is subject to the immunization
requirements of this chapter, the adult who has assumed
responsibility for the care and custody of the person, or the person
if an emancipated minor, with information regarding the benefits and
risks of the immunization and the health risks of the communicable
diseases listed in Section 120335 to the person and to the community.
This attestation shall be signed not more than six months prior to
the date when the person first becomes subject to the immunization
requirement for which exemption is being sought.
(2) A written statement signed by the parent or guardian of the
person who is subject to the immunization requirements of this
chapter, the adult who has assumed responsibility for the care and
custody of the person, or the person if an emancipated minor, that
indicates that the signer has received the information provided by
the health care practitioner pursuant to paragraph (1). This
statement shall be signed not more than six months prior to the date
when the person first becomes subject to the immunization
requirements as a condition of admittance to a school or institution
pursuant to Section 120335.
(c) The following shall be accepted in lieu of the original form:
(1) A photocopy of the signed form.
(2) A letter signed by a health care practitioner that includes
all information and attestations included on the form.
(d) Issuance and revision of the form shall be exempt from the
rulemaking provisions of the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
(e) When there is good cause to believe that the person has been
exposed to one of the communicable diseases listed in subdivision (a)
of Section 120325, that person may be temporarily excluded from the
school or institution until the local health officer is satisfied
that the person is no longer at risk of developing the disease.
(f) For purposes of this section, "health care practitioner" means
any of the following:
(1) A physician and surgeon, licensed pursuant to Section 2050 of
the Business and Professions Code.
(2) A nurse practitioner who is authorized to furnish drugs
pursuant to Section 2836.1 of the Business and Professions Code.
(3) A physician assistant who is authorized to administer or
provide medication pursuant to Section 3502.1 of the Business and
Professions Code.
(4) An osteopathic physician and surgeon, as defined in the
Osteopathic Initiative Act.
(5) A naturopathic doctor who is authorized to furnish or order
drugs under a physician and surgeon's supervision pursuant to Section
3640.5 of the Business and Professions Code.
(6) A credentialed school nurse, as described in Section 49426 of
the Education Code.

SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.