2009 California Health and Safety Code - Section 120325-120380 :: Chapter 1. Educational And Child Care Facility Immunization Requirements

120325.  In enacting Chapter 1 (commencing with Section 120325, 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 that is consistent with the most current
recommendations of the United States Public Health Services' Centers
for Disease Control Immunization Practices Advisory Committee and the
American Academy of Pediatrics Committee of Infectious Diseases, 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 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.

120330.  The department, in consultation with the Department of
Education, shall adopt and enforce all regulations necessary to carry
out Chapter 1 (commencing with Section 120325, but excluding Section
120380) and to carry out Sections 120400, 120405, 120410, and
120415.

120335.  (a) As used in Chapter 1 (commencing with Section 120325,
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 prior to his or her first
admission to that 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, except for children who have
reached the age of four years and six months.
   (3) Measles.
   (4) Mumps, except for children who have reached the age of seven
years.
   (5) Pertussis (whooping cough), except for children who have
reached the age of seven years.
   (6) Poliomyelitis.
   (7) Rubella.
   (8) Tetanus.
   (9) Hepatitis B for all children entering the institutions listed
in this subdivision at the kindergarten level or below on or after
August 1, 1997.
   (10) Varicella (chickenpox), effective July 1, 2001. Persons
already admitted into California public or private schools at the
kindergarten level or above before July 1, 2001, shall be exempt from
the varicella immunization requirement for school entry. 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 United States
Public Health Services' Centers for Disease Control Immunization
Practices Advisory Committee and the American Academy of Pediatrics
Committee of Infectious Diseases.
   (c) On and after July 1, 1999, the governing authority shall not
unconditionally admit any pupil to the 7th grade level, nor
unconditionally advance any pupil to the 7th grade level, of any of
the institutions listed in subdivision (b) unless the pupil has been
fully immunized against hepatitis B.
   (d) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.

120340.  A person who has not been fully immunized against one or
more of the diseases listed in Section 120335 may be admitted by the
governing authority on condition that within time periods designated
by regulation of the department he or she presents evidence that he
or she has been fully immunized against all of these diseases.

120345.  The immunizations required by Chapter 1 (commencing with
Section 120325, but excluding Section 120380) and required by
Sections 120400, 120405, 120410, and 120415 may be obtained from any
private or public source desired if the immunization is administered
and records are made in accordance with regulations of the
department.

120350.  The county health officer of each county shall organize and
maintain a program to make immunizations available to all persons
required by Chapter 1 (commencing with Section 120325, but excluding
Section 120380) and required by Sections 120400, 120405, 120410, and
120415 to be immunized. The county health officer shall also
determine how the cost of the program is to be recovered. To the
extent that the cost to the county is in excess of that sum recovered
from persons immunized, the cost shall be paid by the county in the
same manner as other expenses of the county are paid.

120355.  Any person or organization administering immunizations
shall furnish each person immunized, or his or her parent or
guardian, with a written record of immunization given in a form
prescribed by the department.

120360.  The requirements of Chapter 1 (commencing with Section
120325, but excluding Section 120380) and of Sections 120400, 120405,
120410, and 120415 shall not apply to any person 18 years of age or
older, or to any person seeking admission to a community college.

120365.  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 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.

120370.  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 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.

120375.  (a) The governing authority of each school or institution
included in Section 120335 shall require documentary proof of each
entrant's immunization status. The governing authority shall record
the immunizations of each new entrant in the entrant's permanent
enrollment and scholarship record on a form provided by the
department. The immunization record of each new entrant admitted
conditionally shall be reviewed periodically by the governing
authority to ensure that within the time periods designated by
regulation of the department he or she has been fully immunized
against all of the diseases listed in Section 120335, and
immunizations received subsequent to entry shall be added to the
pupil's immunization record.
   (b) The governing authority of each school or institution included
in Section 120335 shall prohibit from further attendance any pupil
admitted conditionally who failed to obtain the required
immunizations within the time limits allowed in the regulations of
the department, unless the pupil is exempted under Section 120365 or
120370, until that pupil has been fully immunized against all of the
diseases listed in Section 120335.
   (c) The governing authority shall file a written report on the
immunization status of new entrants to the school or institution
under their jurisdiction with the department and the local health
department at times and on forms prescribed by the department. As
provided in paragraph (4) of subdivision (a) of Section 49076 of the
Education Code, the local health department shall have access to the
complete health information as it relates to immunization of each
student in the schools or other institutions listed in Section 120335
in order to determine immunization deficiencies.
   (d) The governing authority shall cooperate with the county health
officer in carrying out programs for the immunization of persons
applying for admission to any school or institution under its
jurisdiction. The governing board of any school district may use
funds, property, and personnel of the district for that purpose. The
governing authority of any school or other institution may permit any
licensed physician or any qualified registered nurse as provided in
Section 2727.3 of the Business and Professions Code to administer
immunizing agents to any person seeking admission to any school or
institution under its jurisdiction.

120380.  It is the intent of the Legislature that the administration
of immunizing agents by registered nurses in school immunization
programs under the direction of a supervising physician and surgeon
as provided in Sections 49403 and 49426 of the Education Code shall
be in accordance with accepted medical procedure. To implement this
intent, the department may adopt written regulations specifying the
procedures and circumstances under which a registered nurse, acting
under the direction of a supervising physician and surgeon, may
administer an immunizing agent pursuant to Sections 49403 and 49426
of the Education Code.
   However, nothing in this section shall be construed to prevent any
registered nurse from administering an immunizing agent in
accordance with Sections 49403 and 49426 of the Education Code in the
absence of written regulations as the department is authorized to
adopt under this section.