120325. In enacting this chapter, 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).
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
(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 this chapter, 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.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(10) Varicella (chickenpox).
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
(c) Commencing July 1, 2011, notwithstanding subdivision (b), full
immunization against hepatitis B shall not be a condition by which
the governing authority admits or advances any pupil to the 7th grade
level of any private or public elementary or secondary school.
(d) Commencing July 1, 2011, the governing authority shall not
unconditionally admit or advance any pupil to the 7th through 12th
grade levels, inclusive, of any private or public elementary or
secondary school unless the pupil has been fully immunized against
pertussis, including all pertussis boosters appropriate for the pupil'
s age.
(e) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
(f) This section shall become inoperative on June 30, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute,
that is enacted before January 1, 2013, deletes or extends that date.
(g) The department may adopt emergency regulations to implement
subdivisions (c) and (d) 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 subdivision
shall remain in effect for no more than 180 days.
120335. (a) As used in this chapter, 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.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(10) Varicella (chickenpox).
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
(c) Notwithstanding subdivision (b), full immunization against
hepatitis B shall not be a condition by which the governing authority
shall admit or advance any pupil to the 7th grade level of any
private or public elementary or secondary school.
(d) The governing authority shall not unconditionally admit or
advance any pupil to the 7th grade level of any private or public
elementary or secondary school unless the pupil has been fully
immunized against pertussis, including all pertussis boosters
appropriate for the pupil's age.
(e) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
(f) This section shall become operative on July 1, 2012.
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.
120325. In enacting this chapter, 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).
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
(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 this chapter, 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.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(10) Varicella (chickenpox).
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
(c) Commencing July 1, 2011, notwithstanding subdivision (b), full
immunization against hepatitis B shall not be a condition by which
the governing authority admits or advances any pupil to the 7th grade
level of any private or public elementary or secondary school.
(d) Commencing July 1, 2011, the governing authority shall not
unconditionally admit or advance any pupil to the 7th through 12th
grade levels, inclusive, of any private or public elementary or
secondary school unless the pupil has been fully immunized against
pertussis, including all pertussis boosters appropriate for the pupil'
s age.
(e) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
(f) This section shall become inoperative on June 30, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute,
that is enacted before January 1, 2013, deletes or extends that date.
(g) The department may adopt emergency regulations to implement
subdivisions (c) and (d) 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 subdivision
shall remain in effect for no more than 180 days.
120335. (a) As used in this chapter, 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.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(10) Varicella (chickenpox).
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
(c) Notwithstanding subdivision (b), full immunization against
hepatitis B shall not be a condition by which the governing authority
shall admit or advance any pupil to the 7th grade level of any
private or public elementary or secondary school.
(d) The governing authority shall not unconditionally admit or
advance any pupil to the 7th grade level of any private or public
elementary or secondary school unless the pupil has been fully
immunized against pertussis, including all pertussis boosters
appropriate for the pupil's age.
(e) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
(f) This section shall become operative on July 1, 2012.
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.
120325. In enacting this chapter, 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).
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
(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 this chapter, 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.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(10) Varicella (chickenpox).
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
(c) Commencing July 1, 2011, notwithstanding subdivision (b), full
immunization against hepatitis B shall not be a condition by which
the governing authority admits or advances any pupil to the 7th grade
level of any private or public elementary or secondary school.
(d) Commencing July 1, 2011, the governing authority shall not
unconditionally admit or advance any pupil to the 7th through 12th
grade levels, inclusive, of any private or public elementary or
secondary school unless the pupil has been fully immunized against
pertussis, including all pertussis boosters appropriate for the pupil'
s age.
(e) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
(f) This section shall become inoperative on June 30, 2012, and as
of January 1, 2013, is repealed, unless a later enacted statute,
that is enacted before January 1, 2013, deletes or extends that date.
(g) The department may adopt emergency regulations to implement
subdivisions (c) and (d) 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 subdivision
shall remain in effect for no more than 180 days.
120335. (a) As used in this chapter, 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.
(3) Measles.
(4) Mumps.
(5) Pertussis (whooping cough).
(6) Poliomyelitis.
(7) Rubella.
(8) Tetanus.
(9) Hepatitis B.
(10) Varicella (chickenpox).
(11) Any other disease deemed appropriate by the department,
taking into consideration the recommendations of the Advisory
Committee on Immunization Practices of the United States Department
of Health and Human Services, the American Academy of Pediatrics, and
the American Academy of Family Physicians.
(c) Notwithstanding subdivision (b), full immunization against
hepatitis B shall not be a condition by which the governing authority
shall admit or advance any pupil to the 7th grade level of any
private or public elementary or secondary school.
(d) The governing authority shall not unconditionally admit or
advance any pupil to the 7th grade level of any private or public
elementary or secondary school unless the pupil has been fully
immunized against pertussis, including all pertussis boosters
appropriate for the pupil's age.
(e) The department may specify the immunizing agents which may be
utilized and the manner in which immunizations are administered.
(f) This section shall become operative on July 1, 2012.
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.
