Bill Text: CA AB659 | 2023-2024 | Regular Session | Amended
Bill Title: Cancer Prevention Act.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Passed) 2023-10-13 - Chaptered by Secretary of State - Chapter 809, Statutes of 2023. [AB659 Detail]
Download: California-2023-AB659-Amended.html
Amended
IN
Assembly
March 21, 2023 |
Amended
IN
Assembly
February 17, 2023 |
Introduced by Assembly Member Aguiar-Curry (Coauthors: Assembly Members Wendy Carrillo, Friedman, Kalra, Ortega, Papan, and Blanca Rubio) (Coauthor: Senator Wiener) |
February 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law requires the department to adopt and enforce regulations for these provisions and authorizes the department to specify the immunizing agents that may
be utilized and the manner in which immunizations are administered.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Cancer Prevention Act.SEC. 2.
Section 1367.66 of the Health and Safety Code is amended to read:1367.66.
(a) A health care service plan contract, except for a specialized health care service plan, issued, amended, or renewed on or after January 1, 2002, shall provide coverage for an annual cervical cancer screening test upon the referral of the patient’s physician and surgeon, a nurse practitioner, or a certifiedIn 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 all of the following:
(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)Human papillomavirus (HPV).
(12)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.
(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.
(a)As used in this chapter, “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, childcare center, day nursery, nursery school, family daycare home, or development center, unless, prior to their first admission to that institution,
they have 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)Human papillomavirus (HPV), as specified in subdivision (e).
(12)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)(1)The governing authority shall not unconditionally admit or advance any pupil to the 8th grade level of any private or public elementary or secondary school if the pupil has not been fully immunized against HPV.
(2)Paragraph (1) shall not be construed as prohibiting the department from adopting, and subdivision (b) shall not be construed as requiring the department to adopt, regulations imposing an immunization schedule against HPV for admission or advancement of pupils to grades below the 8th grade level for purposes of this section.
(f)The department may specify the immunizing agents that may be utilized and the manner in which immunizations are administered.
(g)This section does not apply to a pupil in a home-based private school or a pupil who is enrolled in an independent study program pursuant to Article 5.5 (commencing with Section 51744) of Chapter 5 of Part 28 of Division 4 of Title 2 of the Education Code and does not receive classroom-based instruction.
(h)(1)A pupil who, prior to January 1,
2016, submitted a letter or affidavit on file at a private or public elementary or secondary school, child daycare center, day nursery, nursery school, family daycare home, or development center stating beliefs opposed to immunization shall be allowed enrollment to any private or public elementary or secondary school, child daycare center, day nursery, nursery school, family daycare home, or development center within the state until the pupil enrolls in the next grade span.
(2)For purposes of this subdivision, “grade span” means each of the following:
(A)Birth to preschool.
(B)Kindergarten and grades 1 to 6, inclusive, including transitional kindergarten.
(C)Grades 7 to 12, inclusive.
(3)Except as provided in this subdivision, on and after July 1, 2016, the governing authority shall not unconditionally admit to any of those institutions specified in this subdivision for the first time, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized for their age as required by this section.
(i)This section does not prohibit a pupil who qualifies for an individualized education program, pursuant to federal law and Section 56026 of the Education Code, from accessing any special education and related services required by their individualized education program.
Notwithstanding Sections 120325 and 120335, any immunizations deemed appropriate by the department pursuant to paragraph (12) of subdivision (a) of Section 120325 or paragraph (12) of subdivision (b) of Section 120335, may be mandated before a pupil’s first admission to any private or public elementary or secondary school, childcare center, day nursery, nursery school, family daycare home, or development center, only if exemptions are allowed for both medical reasons and personal beliefs.