California 2019-2020 Regular Session

California Senate Bill SB1407 Latest Draft

Bill / Introduced Version Filed 02/21/2020

                            CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1407Introduced by Senator MoorlachFebruary 21, 2020 An act to add Section 120372.06 to the Health and Safety Code, relating to vaccines. LEGISLATIVE COUNSEL'S DIGESTSB 1407, as introduced, Moorlach. Vaccine injury: informational materials.Existing law regulates immunization requirements for children in educational and child care institutions. Existing law prohibits a governing authority, as defined, from unconditionally admitting any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family daycare home, or development center, unless, prior to the persons first admission to that institution, they have been fully immunized or have a medical exemption from immunization. Existing law requires the State Department of Public Health, by January 1, 2021, to develop and make available for use by licensed physicians and surgeons an electronic, standardized, statewide medical exemption certification form.This bill would require the department to develop and make available to licensed physicians and surgeons written materials identifying specified federal resources on vaccine warnings, injuries, and deaths. The bill would require a physician and surgeon to provide those materials to a childs parent or guardian before or at an appointment at which a vaccine is to be administered.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 120372.06 is added to the Health and Safety Code, to read:120372.06. (a) (1) The department shall develop and make available to licensed physicians and surgeons written informational materials identifying federal resources on vaccine warnings, injuries, and deaths, including, but not limited to, the following:(A) The Vaccine Adverse Event Reporting System, comanaged by the federal Centers for Disease Control and Prevention and the United States Food and Drug Administration.(B) The National Vaccine Injury Compensation Program, maintained by the Health Resources and Services Administration in the United States Department of Health and Human Services.(2) The department shall also maintain conspicuous links on its internet website to the entities identified in subparagraphs (A) and (B) of paragraph (1).(b) (1) A physician and surgeon or other authorized health care provider who administers a vaccine to a child in accordance with this chapter shall provide the materials described in subdivision (a) to the childs parent or guardian before or at the appointment at which a vaccine is to be administered.(2) This section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this subdivision.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 1407Introduced by Senator MoorlachFebruary 21, 2020 An act to add Section 120372.06 to the Health and Safety Code, relating to vaccines. LEGISLATIVE COUNSEL'S DIGESTSB 1407, as introduced, Moorlach. Vaccine injury: informational materials.Existing law regulates immunization requirements for children in educational and child care institutions. Existing law prohibits a governing authority, as defined, from unconditionally admitting any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family daycare home, or development center, unless, prior to the persons first admission to that institution, they have been fully immunized or have a medical exemption from immunization. Existing law requires the State Department of Public Health, by January 1, 2021, to develop and make available for use by licensed physicians and surgeons an electronic, standardized, statewide medical exemption certification form.This bill would require the department to develop and make available to licensed physicians and surgeons written materials identifying specified federal resources on vaccine warnings, injuries, and deaths. The bill would require a physician and surgeon to provide those materials to a childs parent or guardian before or at an appointment at which a vaccine is to be administered.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Senate Bill 

No. 1407

Introduced by Senator MoorlachFebruary 21, 2020

Introduced by Senator Moorlach
February 21, 2020

 An act to add Section 120372.06 to the Health and Safety Code, relating to vaccines. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 1407, as introduced, Moorlach. Vaccine injury: informational materials.

Existing law regulates immunization requirements for children in educational and child care institutions. Existing law prohibits a governing authority, as defined, from unconditionally admitting any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family daycare home, or development center, unless, prior to the persons first admission to that institution, they have been fully immunized or have a medical exemption from immunization. Existing law requires the State Department of Public Health, by January 1, 2021, to develop and make available for use by licensed physicians and surgeons an electronic, standardized, statewide medical exemption certification form.This bill would require the department to develop and make available to licensed physicians and surgeons written materials identifying specified federal resources on vaccine warnings, injuries, and deaths. The bill would require a physician and surgeon to provide those materials to a childs parent or guardian before or at an appointment at which a vaccine is to be administered.

Existing law regulates immunization requirements for children in educational and child care institutions. Existing law prohibits a governing authority, as defined, from unconditionally admitting any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family daycare home, or development center, unless, prior to the persons first admission to that institution, they have been fully immunized or have a medical exemption from immunization. Existing law requires the State Department of Public Health, by January 1, 2021, to develop and make available for use by licensed physicians and surgeons an electronic, standardized, statewide medical exemption certification form.

This bill would require the department to develop and make available to licensed physicians and surgeons written materials identifying specified federal resources on vaccine warnings, injuries, and deaths. The bill would require a physician and surgeon to provide those materials to a childs parent or guardian before or at an appointment at which a vaccine is to be administered.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 120372.06 is added to the Health and Safety Code, to read:120372.06. (a) (1) The department shall develop and make available to licensed physicians and surgeons written informational materials identifying federal resources on vaccine warnings, injuries, and deaths, including, but not limited to, the following:(A) The Vaccine Adverse Event Reporting System, comanaged by the federal Centers for Disease Control and Prevention and the United States Food and Drug Administration.(B) The National Vaccine Injury Compensation Program, maintained by the Health Resources and Services Administration in the United States Department of Health and Human Services.(2) The department shall also maintain conspicuous links on its internet website to the entities identified in subparagraphs (A) and (B) of paragraph (1).(b) (1) A physician and surgeon or other authorized health care provider who administers a vaccine to a child in accordance with this chapter shall provide the materials described in subdivision (a) to the childs parent or guardian before or at the appointment at which a vaccine is to be administered.(2) This section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this subdivision.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 120372.06 is added to the Health and Safety Code, to read:120372.06. (a) (1) The department shall develop and make available to licensed physicians and surgeons written informational materials identifying federal resources on vaccine warnings, injuries, and deaths, including, but not limited to, the following:(A) The Vaccine Adverse Event Reporting System, comanaged by the federal Centers for Disease Control and Prevention and the United States Food and Drug Administration.(B) The National Vaccine Injury Compensation Program, maintained by the Health Resources and Services Administration in the United States Department of Health and Human Services.(2) The department shall also maintain conspicuous links on its internet website to the entities identified in subparagraphs (A) and (B) of paragraph (1).(b) (1) A physician and surgeon or other authorized health care provider who administers a vaccine to a child in accordance with this chapter shall provide the materials described in subdivision (a) to the childs parent or guardian before or at the appointment at which a vaccine is to be administered.(2) This section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this subdivision.

SECTION 1. Section 120372.06 is added to the Health and Safety Code, to read:

### SECTION 1.

120372.06. (a) (1) The department shall develop and make available to licensed physicians and surgeons written informational materials identifying federal resources on vaccine warnings, injuries, and deaths, including, but not limited to, the following:(A) The Vaccine Adverse Event Reporting System, comanaged by the federal Centers for Disease Control and Prevention and the United States Food and Drug Administration.(B) The National Vaccine Injury Compensation Program, maintained by the Health Resources and Services Administration in the United States Department of Health and Human Services.(2) The department shall also maintain conspicuous links on its internet website to the entities identified in subparagraphs (A) and (B) of paragraph (1).(b) (1) A physician and surgeon or other authorized health care provider who administers a vaccine to a child in accordance with this chapter shall provide the materials described in subdivision (a) to the childs parent or guardian before or at the appointment at which a vaccine is to be administered.(2) This section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this subdivision.

120372.06. (a) (1) The department shall develop and make available to licensed physicians and surgeons written informational materials identifying federal resources on vaccine warnings, injuries, and deaths, including, but not limited to, the following:(A) The Vaccine Adverse Event Reporting System, comanaged by the federal Centers for Disease Control and Prevention and the United States Food and Drug Administration.(B) The National Vaccine Injury Compensation Program, maintained by the Health Resources and Services Administration in the United States Department of Health and Human Services.(2) The department shall also maintain conspicuous links on its internet website to the entities identified in subparagraphs (A) and (B) of paragraph (1).(b) (1) A physician and surgeon or other authorized health care provider who administers a vaccine to a child in accordance with this chapter shall provide the materials described in subdivision (a) to the childs parent or guardian before or at the appointment at which a vaccine is to be administered.(2) This section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this subdivision.

120372.06. (a) (1) The department shall develop and make available to licensed physicians and surgeons written informational materials identifying federal resources on vaccine warnings, injuries, and deaths, including, but not limited to, the following:(A) The Vaccine Adverse Event Reporting System, comanaged by the federal Centers for Disease Control and Prevention and the United States Food and Drug Administration.(B) The National Vaccine Injury Compensation Program, maintained by the Health Resources and Services Administration in the United States Department of Health and Human Services.(2) The department shall also maintain conspicuous links on its internet website to the entities identified in subparagraphs (A) and (B) of paragraph (1).(b) (1) A physician and surgeon or other authorized health care provider who administers a vaccine to a child in accordance with this chapter shall provide the materials described in subdivision (a) to the childs parent or guardian before or at the appointment at which a vaccine is to be administered.(2) This section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this subdivision.



120372.06. (a) (1) The department shall develop and make available to licensed physicians and surgeons written informational materials identifying federal resources on vaccine warnings, injuries, and deaths, including, but not limited to, the following:

(A) The Vaccine Adverse Event Reporting System, comanaged by the federal Centers for Disease Control and Prevention and the United States Food and Drug Administration.

(B) The National Vaccine Injury Compensation Program, maintained by the Health Resources and Services Administration in the United States Department of Health and Human Services.

(2) The department shall also maintain conspicuous links on its internet website to the entities identified in subparagraphs (A) and (B) of paragraph (1).

(b) (1) A physician and surgeon or other authorized health care provider who administers a vaccine to a child in accordance with this chapter shall provide the materials described in subdivision (a) to the childs parent or guardian before or at the appointment at which a vaccine is to be administered.

(2) This section does not create a duty of care or other legal obligation beyond the duty to provide notice as set forth in this subdivision.