Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes procedures for receiving medical exemptions from vaccinations.

Highlights:

• Exempts children from required vaccinations if the parents, before January 1, 2021, file a written statement by a licensed physician and surgeon to the governing authority of the school that the child cannot safely be immunized, which must also include the specific nature and likely duration of the reason for which the child cannot be safely immunized (Sec. 2).

• Authorizes a child to be temporarily excluded from school after the possibility of exposure to a disease of which the child has no documented immunization, until a local health officer deems the child no longer at risk (Sec. 2).

• Requires the department to make available a statewide standardized medical exemption request form by January 1, 2021, for use by licensed physicians and surgeons (Sec. 3).

• Requires the form to include at least (Sec. 3):

• The name, California medical license number, business address, and telephone number of the licensed physician and surgeon who issued the medical exemption, and the primary care physician of the child if different;

• The name of the child the exemption is for and the name and address of the parent or guardian, and the name and address of the child’s school or other institution;

• A statement certifying that the physician and surgeon has conducted a physical examination and evaluation of the child consistent with the relevant standard of care and in compliance with the requirements of this section;

• The description of the medical basis for which the exemption for each individual immunization is south; 

• Whether the medical exemption is permanent or temporary;

• An authorization for the department to contact the issuing physician and surgeon  for purposes of this section and for the release of records related to the medical exemption to the department, the Medical Board of California, and the Osteopathic Medical Board of California; and

• A certification by the issuing physician and surgeon that the statements and information contained in the form are true, accurate, and complete.

• Requires the department, by January 1, 2021, to establish a standardized system to monitor immunization levels in schools and institutions, and to monitor patterns of unusually high exemption form submissions by a particular physician and surgeon (Sec. 3).

• Requires the department, at minimum, to annually review immunization reports from all schools and institutions in order to identify medical exemption forms (Sec. 3).

• Specifies that a medical exemption that the reviewing immunization department staff member determines to be inappropriate or invalid will also be reviewed by the State Public Health Officer or a physician and surgeon from the department’s immunization program designated by the State Public Health Officer (Sec. 3).

• Authorizes a parent or guardian to appeal the revocation of a medical exemption to the Secretary of California Health and Human Services (Sec. 4).

• Requires governing authorities of schools to get documentary proof of each student’s immunization status and to periodically review this to ensure it is up to date (Sec. 5).

• Prohibits the attendance of any students who fail to obtain required immunizations within the time limits authorized, until they are fully immunized (Sec. 5).

• Authorizes the governing authority of any school to permit a licensed physician or qualified registered nurse to administer immunizing agents to anyone seeking admission to any school under its jurisdiction (Sec. 5).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that establishes procedures for receiving medical exemptions from vaccinations.

Highlights:

• Exempts children from required vaccinations if the parents file a written statement by a licensed physician and surgeon to the governing authority of the school that the child cannot safely be immunized, which must also include the specific nature and likely duration of the reason for which the child cannot be safely immunized (Sec. 1).

• Authorizes a child to be temporarily excluded from school after the possibility of exposure to a disease of which the child has no documented immunization, until a local health officer deems the child no longer at risk (Sec. 1).

• Establishes a statewide standardized medical exemption request form by July 1st, 2020 for use by licensed physicians and surgeons (Sec. 2).

• Requires the form to include at least the (Sec. 2):

• Name, medical license number, business address, and telephone number of the licensed physician and surgeon;

• Name of the child the exemption is for and the name of the parent or guardian;

• Statement certifying that the licensed physician and surgeon has personally examined the child;

• Description of the medical reason for which the exemption is sought; and

• Authorization for the release of records related to the medical exemption by the physician and surgeon to the State Department of Public Health and the California Medical Board.

• Authorizes the denial of a request for a medical exemption to be appealed, and for the physician and surgeon to submit additional information to the State Public Health Officer for further review within 30 days of being notified (Sec. 2).

• Requires the department to make and maintain a database of medical exemption requests accessible to local public health officers (Sec. 2).

• Specifies that if a State Public Health Officer or a local public health officer determines a medical exemption fraudulent or inconsistent with applicable Centers for Disease Control and Prevention guidelines, they can revoke the exemption (Sec. 2).

• Requires governing authorities of schools to get documentary proof of each student’s immunization status and to periodically review this to ensure it is up to date (Sec. 3).

• Prohibits the attendance of any students who fail to obtain required immunizations within the time limits authorized, until they are fully immunized (Sec. 3).

• Authorizes the governing authority of any school to permit a licensed physician or qualified registered nurse to administer immunizing agents to anyone seeking admission to any school under its jurisdiction (Sec. 3).

Full Bill Text