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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 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 prohibits admission or
advancement of a pupil to the 7th grade level without a full
immunization against hepatitis B.
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.
However, whenever there is good cause to believe that the person has
been exposed to one of the diseases, a person may be temporarily
excluded from the school or institution, as specified.
This bill would require, on and after July 1, 2013, the
above-described letter or affidavit to be accompanied by a form
prescribed by the State Department of Public Health that includes a
written statement signed by 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 also require, if the person was
admitted to the school prior to entering the 7th grade and is about
to enter the 7th grade, an additional letter or affidavit to be filed
with the form.
The bill would also 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 stating that the immunization is
contrary to his or her beliefs.
(b) On and after July 1, 2013, a separate 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 written statement signed by a health care practitioner 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 of
this chapter 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
statement shall be signed not more than six months from the date when
the person subject to the immunization requirements is first
admitted to the school. If the person was admitted to the school
prior to entering the 7th grade and is about to enter the 7th grade,
then an additional letter or affidavit shall be filed with the
written statement signed by the health care practitioner not more
than six months from the first day of school for a person about to
enter the 7th grade.
(2) A written statement signed by 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 of this
chapter that indicates that the signor has received the information
provided by the health care practitioner described in paragraph (1).
This statement shall be signed not more than six months from the date
when the person subject to the immunization requirements is first
admitted to the school. If the person was admitted to the school
prior to entering the 7th grade and is about to enter the 7th grade,
then an additional letter or affidavit shall be filed with the
written statement signed by the parent , guardian, or adult, or
if an emancipated minor, the person
not more than six months
from the first day of school for a person about to enter the 7th
grade.
(c) 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.
(d) A copy of the signed written statement shall be accepted in
lieu of the original form. A signed letter from the health care
practitioner that references the person's name shall be accepted in
lieu of a statement on the original form.
(e) For purposes of this section, "health care practitioner" means
a any of the following:
(1) A physician and surgeon,
licensed pursuant to Section 2050 of the Business and Professions
Code , a .
(2) A nurse practitioner who is
authorized to furnish drugs pursuant to Section 2836.1 of the
Business and Professions Code , or a .
(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.

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.