NVIC e-news June
26, 2007
"This bill (AB 16)
would automatically add
every new vaccine
recommended by a panel
controlled by public
health officials and
vaccine manufacturers to
the dozens of doses of
vaccines California
children already receive
today. It is the most
significant bill
affecting vaccine laws
and children since 1980
when California fist
mandated vaccines for
California's children.
This bill is a horrible
example of special
interest legislation. In
my 34 years of working
in and around the
Capitol, it is the
worst," said Rick. "We
need everyone in
California to contact
members of the Senate
Education Committee
tomorrow and ask that
they vote "NO" on AB 16.
They can write, email,
call or show up and
testify against the
bill." said Rick Rollens,
co-founder of the
M.I.N.D. Institute - UC,
Davis.
Tomorrow, Wednesday,
June 27 at 9:30 a.m.,
the California Senate
Education Committee will
hold a hearing on AB 16,
a bill that would remove
the ability of
California citizens to
oppose new vaccine
mandates. AB 16, which
passed the California
Assembly after long and
contentious debate,
would cut the citizens
of California, the
legislature and the
Governor out of the
democratic process of
deciding whether or not
a new vaccine will be
required for entry to
school. No longer would
the approval of the
public, the California
Legislature and Governor
be required when new
vaccine mandates are
proposed. All power to
decide which vaccines
are mandated in
California would be
handed over to state
public health officials
and they, alone, would
make the decision.
AB 16 requires that all
new vaccines recommended
for universal use by the
Centers for Disease
Control be automatically
added to California's
mandatory vaccination
laws five years after
licensure. There would
be no public debate
about the proposed new
vaccine mandate, such as
occurred with proposed
mandates for HPV vaccine
which were successfully
defeated this year in
California. The bill is
being sponsored by
Assemblymen Hernandez
and Garcia and was
introduced after the
citizens of California
voiced opposition to an
attempt by Merck and
pro-HPV vaccine
lobbyists to pass a law
requiring all 11 year
old girls in California
to receive HPV vaccine (GARDASIL)
in order to attend
school.
Rick Rollens, co-founder
of the M.I.N.D.
Institute - UC Davis,
testified against AB 16
in the Assembly. A copy
of his testimony and a
copy of the bill
follows. "This bill
would automatically add
every new vaccine
recommended by a panel
controlled by public
health officials and
vaccine manufacturers to
the dozens of doses of
vaccines California
children already receive
today. It is the most
significant bill
affecting vaccine laws
and children since 1980
when California fist
mandated vaccines for
California's children.
This bill is a horrible
example of special
interest legislation. In
my 34 years of working
in and around the
Capitol, it is the
worst," said Rick.
Rick is urging everyone
in California to make
their voices heard to
the members of the
Senate Education
Committee, who will be
hearing the bill
tomorrow. "We need
everyone in California
to contact members of
the Senate Education
Committee and ask that
they vote "NO" on AB 16.
They can write, email,
call or show up and
testify against the bill
tomorrow," said Rick.
Double click on each
name below for contact
information for members
of the California Senate
Education Committee who
will be hearing AB 16
tomorrow, Wednesday,
June 27 at 9:30 a.m. in
the Senate Education
Committee, Room 4203,
State Capitol,
Sacramento.
California State
Senate Education
Committee
Members:
Senator Jack Scott
(Chair)
Senator Mark Wyland
(Vice Chair)
Senator Elaine Alquist
Senator Jeff Denham
Senator Abel Maldonado
Senator Alex Padilla
Senator Gloria Romero
Senator Joe Simitian
Senator Tom Torlakson
RICK ROLLEN'S TESTIMONY
ON AB 16 in the
California Assembly
Mr. Chairman and
Members:
My name is Rick Rollens.
This is my 33 year of
being in and around the
Capitol. For 24 years I
served in the State
Senate in numerous
positions including a
chief of staff to a
Senator, chief
consultant to the Senate
Rules Committee, creator
and director of the
Office of Senate Floor
Analyses, and finally as
Secretary of the Senate.
In 1996 I resigned my
post ion as Secretary of
the Senate in order to
dedicate my life to
finding effective
treatments and a cure
for my beloved son
Russell who suffers from
vaccine induced
regressive autism.
Since leaving the
Senate, I have been
extremely active in the
autism world. Iam a
co-founder of
FEAT...Families for
Early Autism Treatment,
a co- founder of the UC
Davis M.I.N.D.
Institute, a Speaker's
appointee to the
Legislative Blue Ribbon
Commission on Autism,
Superintendent
O'Connell's appointee to
his Autism Advisory
Committee, I have served
as a national board
member of ASA, the NIH
Autism Advisory
Committee, and currently
serve on numerous autism
organizations throughout
California, the nation,
and the world. My family
and I have been featured
in dozens of local,
state, national and
international media
stories about autism and
the autism epidemic, the
crown jewel of them all
is this cover story in
Newsweek magazine that
featured my son Russell
on the cover and a
feature on Russell's
story of his decent into
autism at 6 months old
after receiving numerous
shots at his well baby
check up and immediately
suffering a classic
adverse vaccine reaction
leading to his acquired
full syndrome autism.
That day changed his
life and the lives of
ALL who know and love
him. Russell is not
alone.
Today, California is
adding 10 new children a
day, seven days a week,
like Russell to our DD
system. In 1980 when
California first enacted
it's mandatory
immunization law, autism
accounted for 3% of all
the intakes into our DD
system. Today, autism
only the fastest growing
condition entering the
system but now accounts
for 64% of all the new
intakes. In 1980 the
incidence of autism was
1 in 10,000, today it is
1-150, and in some areas
high as 1-84 children.
Twenty years ago there
were 2700 persons with
autism in our system,
today there are 34,000.
In the past 9 months
alone, we added more
children with autism to
our system then we did
over the 16 YEAR period
from 1971-1987! 886 new
children in the past 3
months alone.
The most telling fact is
that over 91%, or 9 out
of 10 persons currently
in our system were born
after 1980, the year
that California's
mandatory immunization
law was enacted. There
is a tsunami of young
children aged 3 to 17
years old accounting for
nearly 80% of the autism
population moving
through the system.
I am here today to
vehemently oppose AB 16.
AB 16 represents an
outrageous and arrogant
attempt by the makers of
the HPV vaccine and
Vioxx, as well as those
who front for them in
the public health
community, to strip away
from the Legislature and
the Governor the
responsibility that has
been in statute for
nearly 30 years to
review and approve or
reject the addition of
new vaccines to the
mandatory childhood
immunization schedule;
and instead, turn over
that responsibility to
one and a group of their
own, a non- accountable
bureaucrat, the state
Director of Public
Health and a Committee
3,000 miles away of
vaccine promoters who
have yet to reject an
application for adding a
new vaccine to the
schedule, and numerous
members of which are
personally and
professionally
conflicted for accepting
research and
professional funding and
career opportunities
from the same vaccine
manufactures that are
suppose to be
regulating. Their
behavior and actions
have become subject to
Congressional
investigation and
review.
AB 16 as introduced
would have added Merck's
HPV vaccine to the
mandatory schedule.
After extensive public
hearing and debate in
the Assembly Health
Committee, it was clear
that there was little
support to approve the
bill and the author
refused to even let the
bill come up for a vote.
This was the second new
vaccine that has been
rejected by the
Legislature in the past
five years. I guess
enough was enough in the
minds of the vaccine
manufacturers and their
followers. The bill was
subsequently gutted and
amended the bill to
include the provisions
before you today.
Keep in mind, that today
in California children
receive up to 30 doses
of vaccines by the age
of 6 years old, most of
which are administered
starting moments after
birth through the first
two years of life when
healthy brain
development is most
important. If the
provisions of AB 16 had
been in effect during
this current decade, the
number of doses of
vaccines our children
would have been
subjected to would have
increased to 40 doses.
Throughout the
country,including right
here at the M.I.N.D.
Institute, dozens of
research projects are
currently underway
examining the connection
between the immune
system, vaccines, and
autism.
And lastly, be aware
that there are over 300
new vaccines currently
in development and in
the pipeline, including
vaccines for such things
as nicotine addiction,
diarrhea, mononucleosis,
cocaine, mehamphetamine,
and stomach ulcers.
These vaccines, as well
as vaccines currently in
use today contain such
potent toxic and
poisonous agents as
mercury, aluminum,
formaldehyde, aborted
fetal tissue, MSG, live
viruses, and killed
bacteria.
Mr. Chairman and
Members, the system we
have in place today has
served us well for
nearly three decades.
You and your
constituents and future
members of the
legislature and their
constituents have a real
say in the very serious
issue of what new
vaccines are added to
MANDATORY childhood
immunization schedule.
There is sunshine in the
current process, this
bill takes away the
sunshine away and
replaces it with a wink
and a nod by
unaccountable
bureaucrats and members
of a Committee that have
not seen a vaccine they
can say no to.
On behalf of the
children and their
families of today, and
the children yet to be
born, please reject this
horrific proposal. Keep
this process in the
hands of the people's
representatives, do not
hand over the future of
our children's very
health to those who
would profit both
personally and
professionally by
approving this bill.
Please vote no. Thank
you.
BILL NUMBER: AB 16
AMENDED BILL TEXT
AMENDED IN ASSEMBLY JUNE
5, 2007
AMENDED IN ASSEMBLY MAY
2, 2007
AMENDED IN ASSEMBLY
APRIL 16, 2007
AMENDED IN ASSEMBLY
APRIL 11, 2007
AMENDED IN ASSEMBLY
MARCH 5, 2007
AMENDED IN ASSEMBLY
FEBRUARY 9, 2007
INTRODUCED BY Assembly
Member Hernandez
( Principal coauthor:
Assembly Member Garcia)
DECEMBER 4, 2006
An act to amend Section
48980 of, and to add
Section 48986 to, the
Education Code, and to
repeal Sections 120325,
120330, and 120340 of,
and to repeal and add
Sections 120335 and
120365 of, the Health
and Safety Code,
relating to pupil
immunizations.
LEGISLATIVE COUNSEL'S
DIGEST
AB 16, as amended,
Hernandez. Pupil
immunizations. 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.
This bill would,
commencing July 1, 2009,
repeal those provisions
to, in part, prohibit a
governing board from
unconditionally
admitting a pupil unless
prior to his or her
first admission, the
pupil has been fully
immunized in accordance
with the 2007
recommendations of the
Advisory Committee on
Immunization Practices (ACIP)
of the United States
Department of Health and
Human Services, except
that vaccinations
recommended by the ACIP
after January 1, 2006,
would be required to
require to be approved
by the State Public
Health Officer. The bill
would delete
developmental centers
from the scope of the
prohibition.
This bill would,
commencing July 1, 2009,
require the State
Department of Public
Health, in coordination
with the State
Department of Education,
to make available to
school districts related
informational materials.
The bill would also, on
and after July 1, 2009,
require the State
Department of Education
to develop a one-page
information sheet to be
provided to the minor
pupil's parent or
guardian by the
governing board of each
school district.
By increasing the duties
of local school
districts, this bill
would impose 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. The
Legislature find and
declares all of the
following:
(a) Pediatric
immunizations have
proven to be one of the
most successful and
cost-effective public
health interventions of
the 20th century.
Immunization programs
have led to eradication
of smallpox, measles,
and poliomyelitis in
regions of the world,
and substantial
reductions in the
morbidity and mortality
attributed to
diphtheria, tetanus, and
pertussis. Worldwide,
millions of childhood
deaths are prevented by
vaccinations every year.
(b) State laws on
compulsory immunization,
which require children
to be vaccinated against
a multitude of serious
contagious diseases
prior to entry into
school or day care, have
played a key role in the
success of pediatric
immunization programs
and help ensure maximum
immunization rates to
protect individuals as
well as the general
population.
(c) The Advisory
Committee on
Immunization Practices (ACIP)
consists of 15 experts
in fields associated
with immunization who
have been selected by
the Secretary of the
United States Department
of Health and Human
Services to provide
advice and guidance to
the Secretary, the
Assistant Secretary for
Health and Human
Services, and the
Centers for Disease
Control and Prevention
(CDC) on the most
effective means to
prevent
vaccine-preventable
diseases. The role of
the committee is to
develop written
recommendations for the
routine administration
of vaccines to the
pediatric and adult
populations, along with
schedules regarding the
appropriate periodicity,
dosage, and
contraindications
applicable to the
vaccines.
(d) In recent decades,
as new vaccines were
recommended for children
by the ACIP, new
immunization mandates
were added to
California's
school-entry statute for
a certain age or grade,
only to later be
outdated when
immunization guidelines
were updated to reflect
new science or new
vaccines. As a result of
numerous legislative
changes to this statute
it has become antiquated
and confusing. This
historical legislative
role and bureaucratic
barriers have also made
it more difficult for
the former State
Department of Health
Services to utilize its
existing authority to
update the required list
through regulation.
(e) As our scientific
knowledge base
increases, new vaccines
to protect us against
devastating diseases are
developed and guidelines
for existing
vaccinations are updated
to respond to outbreaks.
Accordingly, it is a
public health imperative
for the state's
mandatory immunization
requirements to stay
current to maximize
immunization rates and
protect individual
children and the general
population from existing
and emerging
communicable diseases.
(f) As of July 1, 2007,
California will have the
added benefit of a newly
created State Department
of Public Health, which
is directed by the State
Public Health Officer,
and advised by the
California Conference of
Local Health Officers.
The department will
house the state's
Immunization Branch,
which provides
leadership and support
to public and private
sector efforts to
protect the population
against
vaccine-preventable
diseases. This new
public health
infrastructure can play
an important role in
improving California's
childhood immunization
rates.
(g) Current state law
allows a parent to opt
out of a mandated
immunization for their
child. The federal
National Childhood
Vaccine Injury Act
requires all public and
private health care
providers who administer
vaccines to any child to
provide to that child's
legal representative
vaccine information
materials developed by
the CDC that explain the
risks and benefits of
the vaccine. Parents are
encouraged to discuss
the risks and benefits
of all vaccines with
their child's doctor so
they can make an
informed decision.
Parents should also
familiarize themselves
with the immunization
exemption process in
their child's school
district.
(h) While this new
framework will reside
with the executive
branch, the Legislature
does not intend to
relinquish its
responsibility on the
matter of immunization
requirements and will
continue oversight of
this process through
legislative and
budgetary mechanisms as
necessary.
SEC. 2. Section 48980 of
the Education Code is
amended to read:
48980.
(a) At the beginning of
the first semester or
quarter of the regular
school term, the
governing board of each
school district shall
notify the parent or
guardian of a minor
pupil regarding the
right or responsibility
of the parent or
guardian under Sections
35291, 46014, 48205,
48207, 48208, 49403,
49423, 49451, 49472, and
51938 and Chapter 2.3
(commencing with Section
32255) of Part 19.
(b) The notification
also shall advise the
parent or guardian of
the availability of
individualized
instruction as
prescribed by Section
48206.3, and of the
program prescribed by
Article 9 (commencing
with Section 49510) of
Chapter 9.
(c) The notification
shall also advise the
parents and guardians of
all pupils attending a
school within the
district of the schedule
of minimum days and
pupil-free staff
development days, and if
any minimum or
pupil-free staff
development days are
scheduled thereafter,
the governing board
shall notify parents and
guardians of the
affected pupils as early
as possible, but not
later than one month
before the scheduled
minimum or pupil-free
day.
(d) The notification
also may advise the
parent or guardian of
the importance of
investing for future
college or university
education for their
children and of
considering appropriate
investment options
including, but not
limited to, United
States Savings Bonds.
(e) Commencing with the
2000-01 school year, and
each school year
thereafter, the
notification shall
advise the parent or
guardian of the pupil
that, commencing with
the 2003-04 school year,
and each school year
thereafter, each pupil
completing 12th grade
will be required to
successfully pass the
high school exit
examination administered
pursuant to Chapter 8
(commencing with Section
60850) of Part 33. The
notification shall
include, at a minimum,
the date of the
examination, the
requirements for passing
the examination, and
shall inform the parents
and guardians regarding
the consequences of not
passing the examination
and shall inform parents
and guardians that
passing the examination
is a condition of
graduation.
(f) Each school district
that elects to provide a
fingerprinting program
pursuant to Article 10
(commencing with Section
32390) shall inform
parents or guardians of
the program as specified
in Section 32390.
(g) The notification
shall also include a
copy of the district's
written policy on sexual
harassment established
pursuant to Section
212.6, as it relates to
pupils.
(h) The notification
shall advise the parent
or guardian of all
existing statutory
attendance options and
local attendance options
available in the school
district. That
notification shall
include all options for
meeting residency
requirements for school
attendance, programmatic
options offered within
the local attendance
areas, and any special
programmatic options
available on both an
interdistrict and
intradistrict basis.
That notification shall
also include a
description of all
options, a description
of the procedure for
application for
alternative attendance
areas or programs, an
application form from
the district for
requesting a change of
attendance, and a
description of the
appeals process
available, if any, for a
parent or guardian
denied a change of
attendance. The
notification shall also
include an explanation
of the existing
statutory attendance
options including, but
not limited to, those
available under Section
35160.5, Chapter 5
(commencing with Section
46600) of Part 26,
subdivision (f) of
Section 48204, and
Article 1.5 (commencing
with Section 48209) of
Chapter 2 of Part 27.
The department shall
produce this portion of
the notification and
shall distribute it to
all school districts.
(i) It is the intent of
the Legislature that the
governing board of each
school district annually
review the enrollment
options available to the
pupils within their
districts and that the
school districts strive
to make available
enrollment options that
meet the diverse needs,
potential, and interests
of California's pupils.
(j) The notification
shall advise the parent
or guardian that no
pupil may have his or
her grade reduced or
lose academic credit for
any absence or absences
excused pursuant to
Section 48205 if missed
assignments and tests
that can reasonably be
provided are
satisfactorily completed
within a reasonable
period of time, and
shall include the full
text of Section 48205.
(k) The notification
shall advise the parent
or guardian of the
availability of state
funds to cover the costs
of advanced placement
examination fees
pursuant to Section
52244.
(l) The notification
shall advise the parent
or guardian of the
immunization
requirements described
in Section 120335 of the
Health and Safety Code
by including with the
notification the
information sheet
developed by the State
Department of Education
pursuant to Section
48986.
SEC. 3. Section 48986 is
added to the Education
Code, to read:
48986. The State
Department of Education,
in consultation with the
State Department of
Public Health, shall
develop a one-page
information sheet to be
provided pursuant to
Section 48980 that, in
clear, easy to
understand language,
informs the parent or
guardian of all of the
following:
(a) Their child is
required to be "fully
immunized" based on the
2007 recommended
immunization schedule
produced by the Advisory
Committee on
Immunization Practices
of the United States
Department of Health and
Human Services and
subsequent orders made
by the State Public
Health Officer.
(b) Childhood
immunizations are one of
the most successful and
cost-effective ways to
protect individuals and
the general population
from serious contagious
diseases.
(c) There is a
significant public
health risk associated
with children not
getting vaccinated,
therefore parents or
guardians are strongly
encouraged to consult
with their child's
physician or health care
provider about the risks
and benefits of all
vaccines so they can
make an informed
decision about
immunizations.
(d) Parents may obtain
an exemption from the
immunization requirement
pursuant to Sections
120365 and 120370 of the
Health and Safety Code,
which allow parents or
guardians to exercise
the option for exemption
either by submitting a
letter to the school
district stating that
the immunization is
contrary to their
beliefs or by filing a
written statement by a
licensed physician to
the effect that the
physical condition of
the child is such, or
medical circumstances
relating to the child
are such, that
immunization is not
considered safe,
indicating the specific
nature and probable
duration of the medical
condition or
circumstances that
contraindicate
immunization.
(e) More information
about required
immunizations, as well
as the opt out
provisions, may be
obtained on the State
Department of Public
Health Web site or by
calling their school
district.
SEC. 4. Section 120325
of the Health and Safety
Code is repealed.
SEC. 5. Section 120330
of the Health and Safety
Code is repealed.
SEC. 6. Section 120335
of the Health and Safety
Code is repealed.
SEC. 7. Section 120335
is added to the Health
and Safety Code, to
read:
120335. (a) The purpose
of this section, is to
accomplish all of the
following:
(1) To achieve universal
immunization of
appropriate age groups
against
vaccine-preventable
disease.
(2) To be more nimble in
responding to new
federally recommended
immunizations by
implementing a
systematic, science-
driven and
nonpoliticized policy
framework to ensure that
state- mandated
immunization
requirements are current
and based on sound
medical and public
health guidelines.
(3) To ensure that
parents have a right to
decline immunizations
for their children.
(4) To ensure that the
persons required to be
immunized be allowed to
obtain immunizations
from whatever medical
source they so desire.
(5) To ensure the
adequate records of
immunization are
maintained and local
public health
departments are
appropriately supported,
so that schools, and
other institutions,
parents or guardians,
and the persons
immunized will be able
to ascertain that a
child's immunization
needs are met.
(6) To provide parents
and guardians with
information regarding
the immunization
requirements of this
section pursuant to
Section 48980 of the
Education Code.
(b) The governing
authority of a private
or public elementary or
secondary school, child
care center, day
nursery, nursery school,
or family day care home
shall not
unconditionally admit a
pupil unless, prior to
his or her first
admission to that
institution, he or she
has been fully
immunized.
(c) For the purposes of
this section:
(1) "State officer"
means the State Public
Health Officer.
(2) "Fully immunized"
means that the pupil has
been vaccinated in
accordance with
recommendations of the
Advisory Committee on
Immunization Practices (ACIP)
that are contained in
the United States
Department of Health and
Human Services, 2007
Recommended Immunization
Schedule for persons of
zero to 18 years of age,
and in accordance with
subdivision (d), with
the exceptions of those
vaccinations designated
by the ACIP as
recommended for "certain
high-risk groups" and
vaccinations recommended
by the ACIP after
January 1, 2006.
(d) Every vaccine
recommended by the ACIP
after January 1, 2006,
for which the cost of
the vaccine for Medi-Cal
beneficiaries and
uninsured children is
covered by the federal
Vaccines for Children
Program, by other
federal funds authorized
for this cost, or by an
appropriation made by
the Legislature for this
cost in the annual
Budget Act or other act,
shall be approved by the
state officer, after
consulting with the
California Conference of
Local Health Officers,
if he or she finds that
the vaccine is safe and
necessary for the
protection of public
health, before being
included in the
requirement in
subdivision (b) but its
inclusion within the
requirement of
subdivision (b) shall
not become operative
until July 1 of the
fifth calendar year
after the calendar year
in which the ACIP
recommends the new
vaccine. The requirement
of this subdivision that
the cost of the vaccine
for Medi-Cal
beneficiaries and
uninsured children is
covered by the federal
Vaccines for Children
Program or by federal or
state funds shall be
waived in an emergency
where there is an
immediate need to
protect the public
health.
(1) The state officer
may waive the
prohibition in
subdivision (b) for a
specific ACIP-recommended
immunization for a
period of at least one
year if the state
officer, after
consulting with the
American Academy of
Pediatrics, the American
Academy of Family
Physicians, the American
College of Obstetricians
and Gynecologists, and
the California
Conference of Local
Health Officers, finds
that there is a shortage
of the recommended
vaccine, finds that
public or private
funding or insurance
coverage for the vaccine
is not sufficient, or
finds that a delay is
necessary to protect the
public health or
fundamentally disagrees
with the ACIP
recommendations.
(2) If the state officer
waives the requirement
in subdivision (b), the
state officer shall
publish a public
statement that shall be
posted on the
department's Web site
and sent to the
Governor, the Senate
Committee on Health, and
the Assembly Committee
on Health stating why he
or she chose to waive
the requirement.
(e) The department shall
publish and update
annually and post on the
department's Web site by
July 1 of every year a
list of the
immunizations that are
required under this
section, shall include
the ACIP's recommended
childhood and adolescent
immunization schedule,
shall specify
requirements waived
pursuant to subdivision
(c), and shall include
links to other Web sites
that provide information
about the required
vaccines.
(f) The department, in
consultation with the
State Department of
Education, shall make
available to school
districts informational
materials about any new
vaccines recommended by
the ACIP that may
include the CDC Vaccine
Information Statement,
and the process by which
a parent can obtain an
exemption pursuant to
Section 120365. These
informational materials
may be provided by
school districts to
parents upon request.
(g) For the purposes of
this section, the term
"governing authority"
means the governing
board of each school
district or the
authority of each
private or public
institution responsible
for the operation and
control of the
institution or the
principal or
administrator of each
school or institution
listed in subdivision
(b).
SEC. 6. Section 120340
of the Health and Safety
Code is repealed.
SEC. 7. Section 120365
of the Health and Safety
Code is repealed.
SEC. 8. Section 120365
is added to the Health
and Safety Code, to
read:
120365. Immunization of
a person shall not be
required for admission
to a school or other
institution listed in
subdivision (b) of
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
any or all immunizations
are contrary to his or
her beliefs. However,
whenever there is good
cause to believe that
the person has been
exposed to one of the
communicable diseases
for which a vaccination
is recommended, 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.
SEC. 9. This act shall
not become operative
until July 1, 2009.
SEC. 10. 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.
National Vaccine
Information Center
voice: 703-938-dpt3
NVIC E-News is a free
service of the National
Vaccine Information
Center and is supported
through
membership donations.
NVIC is funded through
the financial support of
its members and does not
receive any government
subsidies. Barbara Loe
Fisher, President and
Co- founder.
Learn more about
vaccines, diseases and
how to protect your
informed consent rights
at
www.nvic.org
