California's AB 2109

     States like California are stepping up and seeking to further parental education and awareness on immunizations.An act to amend Section 120365 of the Health and Safety Code, relating to communicable disease, AB 2109, would ensure that parents receive accurate information about immunizations from a licensed health care practitioner before they decide if they will sign a new refusal form that explains and details the risks of refusing vaccinations.

Actual Amendment:

(1) A written statement signed by a health care practitioner that indicates that the health care practitioner provided the parent or guardian of the person, or the person if an emancipated minor, who is subject to the immunization requirements of this chapter with information regarding the benefits and risks of the immunization and the health risks of the communicable diseases listed in Section 120335 to the person and to the community. This statement shall be signed not more than six months from the date when the person subject to the immunization requirements is first admitted to the school. If the person was admitted to the school prior to entering the 7th grade and is about to enter the 7th grade, then an additional letter or affidavit shall be filed with the written statement signed by the health care practitioner not more than six months from the first day of school for a person about to enter the 7th grade.

(2) A written statement signed by the parent or guardian of the person, or the person if an emancipated minor, who is subject to the immunization requirements of this chapter that indicates that the signor has received the information provided by the health care practitioner described in paragraph (1). This statement shall be signed not more than six months from the date when the person subject to the immunization requirements is first admitted to the school. If the person was admitted to the school prior to entering the 7th grade and is about to enter the 7th grade, then an additional letter or affidavit shall be filed with the written statement signed by the parent not more than six months from the first day of school for a person about to enter the 7th grade.

(b) On and after July 1, 2013, a separate form prescribed by the State Department of Public Health shall accompany the letter or affidavit filed pursuant to subdivision (a). The form shall include both of the following:

(c) 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.

(d) A copy of the signed written statement shall be accepted in lieu of the original form. A signed letter from the health care practitioner that references the person’s name shall be accepted in lieu of a statement on the original form.

(e) For purposes of this section, “health care practitioner” means a physician and surgeon, licensed pursuant to Section 2050 of the Business and Professions Code, a nurse practitioner who is authorized to furnish drugs pursuant to Section 2836.1 of the Business and Professions Code, or a physician assistant who is authorized to administer or provide medication pursuant to Section 3502.1 of the Business and Professions Code.

The remainder of the bill can be found here on California's Legislative Information website.

If you would like to let the Health Committee know that you support the simple provisions of AB 2109, and that you would like the Committee to approve the bill for hearing in the Assembly, the names and contact information of the Committee are listed on this link. Special thanks to I Speak of Dreams for collecting the contact information.

For information on Assembly member Richard Pan (D 5th District)'s public statement see the following link.