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Warning! This is a not the current version of this legislative bill.
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)

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 introduced, 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, 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
the form to include a written statement by the parent, guardian, 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. However,
whenever there

(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, 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, 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 not more than six months from the first day of school for a
person about to enter the 7th grade.

(b)

(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 physician and surgeon, licensed pursuant to Section 2050 of the
Business and Professions Code, a nurse practitioner who is authorized
to furnish drugs pursuant to Section 2836.1 of the Business and
Professions Code, or a physician assistant who is authorized to
administer or provide medication pursuant to Section 3502.1 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.