Exemptions - California Code

[Guest guest]

Again - there is a card they give you to fill out with the vaxs (I think it

might be green). Turn it over and look at the back and you will see a

place to sign just refusing - you don't have to explain why. In California

you get to refuse with standing on your head.

Sheri

http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=2536421754+1+0+0 & WAISac

tion=retrieve

NOTE 120325 10c and note 120365 - KNOW Your rights. Print this out by the

hundreds and give to all you know and highlight

120325 section ©

Sheri

CALIFORNIA CODES

HEALTH AND SAFETY CODE

SECTION 120325-120380

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) 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.

( 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.

© 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.

( 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) 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.

© 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 ( 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.

( 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.

© 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.

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