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California Department of Health Services,
Division of Communicable Disease Control- Immunization Branch:
EDUCATION CODE
TITLE 2. ELEMENTARY AND SECONDARY EDUCATION
DIVISION 4. Instruction and Services
PART 27. Pupils
CHAPTER 2. Compulsory Education Law
ARTICLE 2. Persons Excluded
Cal Ed Code § 48216 (2006)
§ 48216. Exclusion
of pupil who has not been immunized; Notice to parents
(a) The county office of education or the governing
board of the school district of attendance shall exclude any pupil
who has not been immunized properly pursuant to Chapter 1 (commencing
with Section 120325) of Part 2 of Division 105 of the Health and
Safety Code.
(b) The governing board of the district shall notify the parent
or guardian of the pupil that they have two weeks to supply evidence
either that the pupil has been properly immunized, or that the pupil
is exempted from the immunization requirement pursuant to Section
120365 or 120370 of the Health and Safety Code
(c) The governing board of the district, in the notice, shall refer
the parent or guardian of the pupil to the pupil's usual source
of medical care to obtain the immunization, or if no usual source
exists, either refer the parent or guardian to the county health
department, or notify the parent or guardian that the immunizations
will be administered at a school of the district.
HEALTH AND SAFETY CODE
DIVISION 105. Communicable Disease Prevention And Control
PART 2. Immunizations
CHAPTER 1. Educational and Child Care Facility Immunization Requirements
Cal Health & Saf Code § 120325 (2006)
§ 120325. Legislative
intent
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
Cal Health & Saf Code § 120335 (2006)
§ 120335. "Governing
authority"; Unconditional admission; Immunization requirements;
Documentation; Specification of immunizing agents
(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
Cal Health & Saf Code § 120360 (2006)
§ 120360. Exceptions
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.
Cal Health & Saf Code § 120365
(2006)
§ 120365. Letter
or affidavit stating beliefs opposed to immunization; Temporary
exclusion from school
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.
Cal Health & Saf Code § 120370 (2006)
§ 120370. Statement by physicians contraindicating
immunization
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.
TITLE 17. PUBLIC HEALTH
DIVISION 1. STATE DEPARTMENT OF HEALTH SERVICES
CHAPTER 4. PREVENTIVE MEDICAL SERVICE
SUBCHAPTER 8. IMMUNIZATION AGAINST POLIOMYELITIS, DIPHTHERIA, PERTUSSIS,
TETANUS, MEASLES (RUBEOLA), RUBELLA, HAEMOPHILUS INFLUENZAE TYPE
B (HIB), MUMPS, AND HEPATITIS B
ARTICLE 1. DEFINITIONS
17 CCR 6000 (2006)
§ 6000. Admission
"Admission" means a pupil's first entry in a given public
or private elementary or secondary school, child care center, day
nursery, nursery school, family day care home, or development center.
"Admission" also denotes a pupil's re-entry to one of
these institutions after withdrawing from a previous enrollment.
(a) "Unconditional admission" is admission
based upon documentation of receipt of all required immunizations
or upon documentation of a permanent medical exemption or of a personal
beliefs exemption to immunization in accordance with Section 6051.
(b) "Conditional admission" is admission
based upon either documentation of having received some but not
all required immunizations and of not being due for any vaccine
dose at the time of entry or upon documentation of a temporary medical
exemption to immunization in accordance with Section 6050. Continued
attendance after conditional admission is contingent upon receipt
of the remaining required immunizations in accordance with Sections
6020 and 6035.
17 CCR 6020 (2006)
§ 6020. Required
Immunizations
(a) The required immunizations for admission to and attendance at
a public or private elementary or secondary school, child care center,
day nursery, nursery school, family day care home, or developmental
center shall be those set forth, according to age, in Table 1.
(b) In Table 1 of Section 6020 and in Table 2
of Section 6035, DTP (or DPT) means diphtheria and tetanus toxoids
and pertussis vaccine, including DTaP vaccine. DT (or TD) and Td
(or dT) means diphtheria and tetanus toxoids.
(c) For pupils who have reached their seventh
birthday, a history of any preparations containing both diphtheria
and tetanus toxoids (DTP, DT, Td, etc.) shall be acceptable as meeting
the requirement for tetanus and diphtheria toxoids that is set forth
in Table 1.
(d) Pupils who have reached their seventh birthday
shall be exempt from the pertussis and mumps immunization requirements.
(e) Combination vaccines that include measles,
mumps, and rubella components shall be acceptable as meeting the
requirements for these vaccines that are set forth in Table 1.
(f) For pupils entering or advancing to the seventh
grade, immunization requirements are set forth in Table 1.
(g) Pupils already admitted to California public
and private schools at the Kindergarten level or above before July
1, 2001 are exempt from the Varicella (chickenpox) requirement as
set forth in Table 1.
17 CCR 6025 (2006)
§ 6025. Unconditional
Admission
Any pupil age 18 months or older who has received all the immunizations
against poliomyelitis, diphtheria, tetanus, pertussis, measles (rubeola),
rubella, Haemophilus influenzae type B, mumps, hepatitis B and varicella
(chickenpox) required for his or her age, as defined in Table 1,
Section 6020, or who has documented a permanent medical exemption
or a personal beliefs exemption to immunization in accordance with
Section 6051, shall be admitted unconditionally as a pupil to a
given public or private elementary or secondary school, child care
center, day nursery, nursery school, family day care home, or development
center. However, for some pupils admitted unconditionally to a child
care center, day nursery, nursery school, family day care home,
or development center, an additional dose of DTP and/or polio vaccine
will be required for admission to school at kindergarten level and
above, as indicated in Table 1, Section 6020.
17 CCR 6051 (2006)
§ 6051. Unconditional Admission
with Permanent Medical Exemption or Personal Beliefs Exemption
A pupil with a permanent medical exemption or a personal beliefs
exemption to immunization shall be admitted unconditionally. A permanent
medical exemption shall be granted upon the filing with the governing
authority of a written statement from a licensed physician to the
effect that the physical condition of the pupil or medical circumstances
relating to the pupil are such that immunization is permanently
not indicated. The fact of the permanent medical exemption shall
be recorded on the California School Immunization Record, PM 286
(1/02) as provided in Section 6070. A permanent medical exemption
may be provided for one or more vaccines. A physician may provide
a written statement that the pupil is medically exempt from the
measles (rubeola) and/or varicella (chickenpox) requirements as
a result of having had measles (rubeola) and/or varicella (chickenpox)
disease, respectively. A physician may provide a written statement
that the pupil is medically exempt from the rubella and/or mumps
requirement as a result of having had laboratory confirmed illness
with the corresponding disease. A personal beliefs exemption shall
be granted upon the filing with the governing authority of a letter
or affidavit from the pupil's 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,
that such immunization is contrary to his or her beliefs. The fact
of the personal beliefs exemption shall be recorded on the California
School Immunization Record, PM 286 (1/02). A pupil with an exemption
which is not based on pre-existing immunity to disease may be subject
to exclusion pursuant to Section 6060.
§ 6051. Pupil Not Completely Immunized
and Exposed to Communicable Disease.
Whenever the governing authority has good cause to believe that
a pupil who is not completely immunized against a particular communicable
disease may have been exposed to that disease, that information
shall be reported by the governing authority immediately by telephone
to the local health officer. The local health officer shall determine
whether the pupil is at risk of developing the disease and, if so,
may require the exclusion of the pupil from that school, child care
center, day nursery, nursery school, family day care home, or development
center until the completion of the incubation period and the period
of communicability of the disease.
HEALTH AND SAFETY CODE
DIVISION 105. COMMUNICABLE DISEASE PREVENTION AND CONTROL
PART 2. IMMUNIZATIONS
CHAPTER 1.5 IMMUNIZATION OF COLLEGE-AGE STUDENTS
Cal. Health & Saf. Code §§
120390-120390.7(2006)
120390. The department, in consultation with
the Trustees of the California State University, and the Regents
of the University of California, shall adopt and enforce all regulations
necessary to carry out this chapter.
120390.5. (a) Except as provided in subdivisions
(b), (c), and (d), on or after January 1, 2000, the Trustees of
the California State University, and the Regents of the University
of California shall require the first-time enrollees at those institutions
who are 18 years of age or younger to provide proof of full immunization
against the hepatitis B virus prior to enrollment.
(b) A person who has not been fully immunized
against the hepatitis B virus, as required by subdivision (a), may
be admitted by the governing body of any of the institutions of
higher education to which subdivision (a) is applicable on condition
that, within a designated time period, the person will provide proof
of full immunization against hepatitis B.
(c) Immunization of a person shall not be required
for admission to an institution of higher education to which subdivision
(a) is applicable if any of the following persons files with the
governing body of the educational institution a letter or affidavit
stating that the immunization is contrary to the beliefs of either
of the following:
(1) The parent, guardian, or adult who has
assumed responsibility for the care and custody of the person
seeking admission, if that applicant is a minor who is not emancipated
or who is 17 years of age or younger.
(2) The person seeking admission, if that applicant
is an emancipated minor or is 18 years of age.
(d) If a person seeking enrollment in an institution
of higher education to which subdivision (a) is applicable, or the
parent or guardian of a person seeking enrollment, files with the
governing body a written statement by a physician and surgeon that
the physical condition of the person or medical circumstances relating
to the person 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 subdivision (a).
120390.7. No provision of this chapter shall
apply to the University of California except to the extent that
the Regents of the University of California, by appropriate resolution,
make that
provision applicable.
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