Today's Law As Amended


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SB-676 Health: immunizations.(2007-2008)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares that it does not intend to relinquish its responsibilities relating to immunization requirements as it will continue oversight of this process through legislative and budgetary mechanisms, as necessary.

SEC. 2.

 Section 120325 of the Health and Safety Code is amended to read:

120325.
 In enacting this chapter, but excluding Section 120380, and in enacting Sections 120400, 120405, 120410, and 120415, it is the intent of the Legislature to provide:
(a) A means for the eventual achievement of total immunization of appropriate age groups against the following childhood diseases:
(1) Diphtheria.
(2) Hepatitis B.
(3) Haemophilus influenzae type b.
(4) Measles.
(5) Mumps.
(6) Pertussis (whooping cough).
(7) Poliomyelitis.
(8) Rubella.
(9) Tetanus.
(10) Varicella (chickenpox). This paragraph shall be operative only to the extent that funds for this purpose are appropriated in the annual Budget Act. 
(11) Any other disease deemed appropriate by the department, taking into consideration the  that is consistent with the most current  recommendations of the Advisory Committee on Immunization Practices (ACIP)  of the United States Department of Health and Human Services, the American Academy of Pediatrics,  Pediatrics (AAP),  and the American Academy of Family Physicians. Physicians (AAFP), and deemed appropriate by the department. 
(b) That the persons required to be immunized be allowed to obtain immunizations from whatever medical source they so desire, subject only to the condition that the immunization be performed in accordance with the regulations of the department and that a record of the immunization is made in accordance with the regulations.
(c) Exemptions from immunization for medical reasons. reasons or because of personal beliefs. 
(d) For the keeping of adequate records of immunization so that health departments, schools, and other institutions, parents or guardians, and the persons immunized will be able to ascertain that a child is fully or only partially immunized, and so that appropriate public agencies will be able to ascertain the immunization needs of groups of children in schools or other institutions.
(e) Incentives to public health authorities to design innovative and creative programs that will promote and achieve full and timely immunization of children.

SEC. 3.

 Section 120335 of the Health and Safety Code is amended to read:

120335.
 (a) As used in this chapter, but excluding Section 120380, and as used in Sections 120400, 120405, 120410, and 120415, the term  “governing authority” means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution.
(b) The governing authority shall not unconditionally admit 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, unless  prior to his or her first admission to that institution, institution  he or she has been fully immunized. The following are the diseases for which immunizations shall be documented:
(1) Diphtheria.
(2) Haemophilus influenzae type b.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(10)   Varicella (chickenpox). (chickenpox), effective July 1, 2001. This paragraph shall be operative only to the extent that funds for this purpose are appropriated in the annual Budget Act. 
The department may adopt emergency regulations to implement this paragraph including, but not limited to, requirements for documentation and immunization status reports, in accordance with 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). The initial adoption of emergency regulations shall be deemed to be an emergency and considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this paragraph shall remain in effect for no more than 180 days.
(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the federal Centers for Disease Control and Prevention  Advisory Committee on Immunization Practices of the United States Department of Health and Human Services,  (ACIP) and  the American Academy of Pediatrics, and the American Academy of Family Physicians. Pediatrics. 
(c) Notwithstanding subdivision (b), full immunization against hepatitis B shall not be a condition by which the governing authority shall admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school.
(d) (c)  The  On and after July 1, 2008, in addition to the initial vaccination against pertussis, the  governing authority shall not unconditionally admit or  any pupil to the 7th grade level, nor unconditionally  advance any pupil to the 7th grade level of any private or public elementary or secondary school level, of any of the institutions listed in subdivision (b)  unless the pupil has been fully immunized against pertussis, including all pertussis boosters appropriate for the pupil’s age. including, but not limited to, any necessary adolescent booster immunization. 
(e) (d)  The department may specify the immunizing agents that which  may be utilized and the manner in which immunizations are administered.
(f) This section does not apply to a pupil in a home-based private school or a pupil who is enrolled in an independent study program pursuant to Article 5.5 (commencing with Section 51745) of Chapter 5 of Part 28 of the Education Code and does not receive classroom-based instruction.
(g) (1) A pupil who, prior to January 1, 2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child day care center, day nursery, nursery school, family day care home, or development center within the state until the pupil enrolls in the next grade span.
(2) For purposes of this subdivision, “grade span” means each of the following:
(A) Birth to preschool.
(B) Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten.
(C) Grades 7 to 12, inclusive.
(3) Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized for his or her age as required by this section.
(h) This section does not prohibit a pupil who qualifies for an individualized education program, pursuant to federal law and Section 56026 of the Education Code, from accessing any special education and related services required by his or her individualized education program.
SEC. 4.
 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.