An act to add Section 48980.5 to the Education Code, and to amend Section 120325 Sections 120325, 120335, and 120370 of, and to repeal and add Section 120365 of, the Health and Safety Code, relating to public health.
LEGISLATIVE COUNSEL'S DIGEST
SB 277, as amended, Pan. Public health: vaccinations.
(1) Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil of any public or private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her admission to that institution he or she has been fully immunized against various diseases, including measles, mumps, and pertussis, subject to any specific age criteria. Existing law authorizes an exemption from those provisions for medical reasons or because of personal beliefs, if specified forms are submitted to the governing authority. Existing law requires the governing authority of a school or other institution to require documentary proof of each entrant’s immunization status. Existing law authorizes the governing authority of a school or other institution to temporarily exclude a child from the school or institution if the authority has good cause to believe that the child has been exposed to one of those diseases, as specified.
This bill would eliminate the exemption from immunization based upon personal beliefs. This bill would except a home-based private school from the prohibition described above of all of the school’s pupils are residents of the household or are members of a single family. The bill would narrow the authorization for temporary exclusion to make it applicable only to a child whose documentary proof of immunization status does not show proof of immunization against one of the diseases described above. The bill would make conforming changes to related provisions.
(2) Existing law requires the governing board of a school district, at the beginning of the first semester or quarter of the regular school term, to make certain notifications to parents or guardians of minor pupils including, among others, specified rights and responsibilities of a parent or guardian and specified school district policies and procedures.
This bill would require the governing board of a school district to also include in the notifications provided to parents or guardians of minor pupils at the beginning of the regular school term the immunization rates for the school in which a pupil is enrolled for each required immunization. By requiring school districts to notify parents or guardians of school immunization rates, the bill would impose a state-mandated local program.
(3) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 48980.5 is added to the Education Code, to read:
48980.5.
The notification required pursuant to Section 48980 shall also include the immunization rates for the school in which a pupil is enrolled for each of the immunizations required pursuant to Section 120335 of the Health and Safety Code.
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).
(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians.
(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.
(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, “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, prior to his or her first admission to that institution, he or she has been fully immunized. This subdivision does not apply to a home-based private school if all of the pupils are residents of the household or are members of a single family. 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).
(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the Advisory Committee on Immunization Practices of the United States Department of Health and Human Services, the American Academy of Pediatrics, and the American Academy of Family Physicians.
(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) The governing authority shall not unconditionally admit or advance any pupil to the 7th grade level of any private or public elementary or secondary school unless the pupil has been fully immunized against pertussis, including all pertussis boosters appropriate for the pupil’s age.
(e) The department may specify the immunizing agents that may be utilized and the manner in which immunizations are administered.
(f) This section shall become operative on July 1, 2012.
SEC. 3. SEC. 4.
Section 120365 of the Health and Safety Code is repealed.
SEC. 4.Section 120365 is added to the Health and Safety Code, 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 that documents which immunizations required by Section 120355 have been given and which immunizations have not been given pursuant to an exemption from immunization for medical reasons.
(b)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.
SEC. 5.
Section 120370 of the Health and Safety Code is amended to read:
120370.
(a) If the parent or guardian files with the governing authority 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, that person child shall be exempt from the requirements of Chapter 1 (commencing with Section 120325, but excluding Section 120380) and Sections 120400, 120405, 120410, and 120415 to the extent indicated by the physician’s statement.
(b) When there is good cause to believe that a child whose documentary proof of immunization status does not show proof of immunization against a communicable disease listed in subdivision (b) of Section 120335 has been exposed to one of those diseases, that child may be temporarily excluded from the school or institution until the local health officer is satisfied that the child is no longer at risk of developing or transmitting the disease.
SEC. 5. SEC. 6.
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.
Fanaticism, as defined by Merriam-Webster, is a “fanatic outlook or behavior especially as exhibited by excessive enthusiasm, unreasoning zeal, or wild and extravagant notions on some subject.” (1) Vaccine fanaticism is no different. It is characterized by an unwavering devotion to vaccines without any thought to the very real risks and dangers caused by vaccines. Vaccine fanatics deny that any risks exist and declare that those who even question the efficacy and safety of vaccines are the dangerous ones to society.
Many vaccine fanatics believe that those who question or oppose vaccines should be punished, even to the extent of rounding them up and jailing them. Their solution is to forcefully vaccinate children against the wishes of the parents, all in the name of the ‘greater good of society’. Despite what the American Medical Association has said in its own ethical code about mandatory vaccines, vaccine fanatics believe that forcing vaccines on others is the only solution. The AMA is very clear about patients having the right to determine their own course of treatments. Their ethical code clearly states “Informed consent is a basic policy in both ethics and law that physicians must honor.”(1) Despite the fact that the AMA is against forcing vaccines and treatments upon patients, vaccine fanatics believe that no one has the right to make that decision for themselves and for their child; they believe that everyone should be vaccinated, by force if necessary.
In their efforts to force their beliefs on those around them, vaccine fanatics will go to great lengths to try to convince others, and to demonize anyone who doesn’t share their point of view. This kind of zealous ideal used to be reserved for matters of religion. Religious fanatics also tended to demonize others, these were the people who ardently believed that their religion is the only “true religion” and everyone else is going to hell. Vaccine fanatics believe that they are the only scientifically minded ones, and everyone else is scientifically illiterate. In reality, it is more scientifically illiterate to blatantly ignore the dangers involved in vaccinations. (1)
Even the manufacturers of vaccines freely admit that there are risks involved. The claim by vaccine manufacturers is that the benefits of vaccinating outweigh the risks. As more and more vaccines are brought to market there appears to be no end in sight to all of the “necessary risks.”
Just this past year, the CDC issued a public apology over the flu vaccine as it was found to not be effective against the current strains of the flu. It also came to light that the tetanus vaccines being forced upon women in Kenya were laced with chemicals that caused sterilization. The women and girls who received these tetanus shots were not informed of the dangers. Even with numerous scientific studies to support the fact that vaccines are not as effective as fanatics claim and that in fact, they’re very dangerous, vaccine fanatics simply ignore the reality of the dangers of vaccines in their quest to force vaccinations on the rest of society.
Immunization: Elimination of Personal Belief Exemption for Vaccinations
STOP SB277, this bill will remove the Personal Belief Exemption and mandate full vaccination of any pupil, from daycare through secondary school including public and private, in order to attend. It also does not limit the ever expanding vaccine schedule or limit the requirement of additional vaccines to attend school, there are over 300 new vaccines in the pipeline. This is clearly an attack on parents rights to choose whether or not to submit their child to a medical procedure with inherent risks.
SB277 also removes the language requiring the doctor to educate the patient of the benefits and the risks of the vaccine.
The California Chiropractic Association OPPOSES proposed legislation by Senators Richard Pan and Ben Allen to eliminate all parental rights regarding vaccinations of their children.
• Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948, "Everyone has the right to life, liberty and security of person".
• Opinion 8.08 of the American Medical Association (AMA) states, “The physician has an ethical obligation to help the patient make choices from among the therapeutic alternatives consistent with good medical practice. Informed consent is a basic policy both in ethics and law that physicians must honor…”
• Centers for Disease Control and Prevention (CDC) recommends sixty nine doses of sixteen different vaccines between birth and age eighteen, with 49 vaccines given before the age of six.
• The National Childhood Vaccine Injury Act of 1986 established the National Vaccine Injury Compensation Program (VICP) as a federal no-fault system to compensate persons (or families of persons) who are injured by covered childhood vaccines, has paid out over $2.8 billion to families whose children have died or suffered other adverse reactions. The vaccine injury/death payouts since 1989: $2.8 billion paid so far, a total of $3.1 billion if you include attorney fees. If you look at the past 5 years, you will see an average of $221,000,000 paid out per year in comparison to the complete 26 years since 1989, the average is $120,000,000. That means that the past 5 years have nearly doubled in damages paid out. http://www.hrsa.gov/vaccinecompensation/statisticsreport.pdf
• Percentage of children who can’t, for one health reason or another be vaccinated. Statewide = 0.19 percent.
• Managed by the CDC and FDA, the Vaccine Adverse Event Reporting System (VAERS) reports more than 30,000 vaccine related injuries annually. Since 2000, 142 Californians have suffered adverse reactions, resulting in 46 deaths of California citizens. 52.82% of these adverse reactions were suffered by children under the age of 11 months. During that same time period, VAERS reports the death of 707 American citizens (as opposed to 4 deaths related to the measles in the U.S. during the same time period). http://vaers.hhs.gov/data
• Existing California law (AB 2109 Pan) required consultation with a doctor before receiving a personal exemption has been in effect for only one year. In this time there has been a 20% reduction in parents seeking a personal exemption (opt out rate dropped from 3.15% to 2.5%).
• The safety of vaccines is not absolute and no medical doctor administering a vaccine would sign a paper stating the safety of vaccines is absolute
• Science is always changing (bloodletting was once the standard of care, eggs were bad, and low fat diets prevented heart disease. All refuted by the latest science)
• Ingredients of vaccines are always changing and new vaccines are constantly being placed on the market (which we will also be forced to use if this bill were to pass).
• Since the manufacturers and people who administer vaccines have no liability for adverse reactions, it would be unethical to have an absolute mandate to vaccinate. With no liability, they have little fiscal incentive to create the safest product possible.
• The reason the manufacturers don’t have liability is because the US Supreme Court concluded vaccines are unavoidably unsafe products. http://www.supremecourt.gov/opinions/10pdf/09-152.pdf
• The government & media rails on and on about non-vaccination PUTTING people at risk failing to grasp the elementary point that not vaccinating is a non-action. Non-actions don’t PUT people at risk. If the risk were not already in existence there would be nothing to protect against and hence no reason to vaccinate. DUI on the other hand is an action that creates a risk that did not previously exist.
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