2nd document

[Guest guest]

TO: REPRESENTATIVE FRANK URBAN

FROM: Sweet, Senior Staff Attorney

RE: Compulsory Vaccination Provisions of 2001 Assembly Bill 850 (Public

Health Emergencies)

DATE: March 1, 2002

This memorandum is written pursuant to your request for a description of the

compulsory vaccination provisions of 2001 Assembly Bill 850, which relates

to public health emergencies.

Under Assembly Bill 850, the Governor is given the authority to declare a

state of emergency related to public health and to designate the Department

of Health and Family Services (DHFS) as the lead state agency to respond to

that emergency. If the Governor takes these actions, DHFS, as the public

health authority, is authorized to order any individual to receive a

vaccination. However, an exception to this requirement is provided if the

vaccination is reasonably likely to lead to serious harm to the individual

or if the individual, for reasons of religion or conscience, refuses to

obtain the vaccination. If an individual is unable or unwilling for these

reasons to receive the vaccination, DHFS may isolate or quarantine the

individual during a declared public health emergency. In addition, DHFS is

required to promulgate rules that specify circumstances, if any, under which

a vaccination may not be performed on an individual.

Feel free to contact me if I can be of further assistance.

RNS:jal;ksm

Sherri Garrett

Garrett Medical Claims

For more information email me at

garrettmedclaims@...