California Assembly Bill AB2638 Introduced / Bill

 BILL NUMBER: AB 2638INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Gatto FEBRUARY 19, 2016 An act to amend Section 120370 of the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST AB 2638, as introduced, Gatto. Public health: vaccinations. Existing law authorizes a parent or guardian to file with the governing authority of a school district or school a written statement by a licensed physician to the effect that immunization is not considered safe for a particular child, in which case that child shall be exempt from specified immunization requirements, to the extent indicated by the physician's statement, as specified. This bill would specify that a licensed physician is not subject to discipline or liability for writing the statement described above. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 120370 of the Health and Safety Code is amended to read: 120370. (a) If the parent or guardian files with the governing authority of a school district or school  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,   safe for the child,  indicating the specific nature and probable duration of the medical condition or circumstances, including, but not limited to, family medical history, for which the physician does not recommend immunization, that child 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. (b) If there is good cause to believe that a child has been exposed to a disease listed in subdivision (b) of Section 120335 and his or her documentary proof of immunization status does not show proof of immunization against that disease, that child may be temporarily excluded from the school or institution until the local health officer is satisfied that the child is no longer at risk of developing or transmitting the disease.  (c) A licensed physician shall not be subject to discipline or liability for writing a statement as described in subdivision (a).