What ARE the California Laws on Vaccinating Your Child?

Posted by Etirsa | Posted on 26-07-2011

Photo by Anadolu Ajansı

Photo by Anadolu Ajansı

I am  fascinated by the laws that are put in place to govern our bodies.  Some make sense, others don’t.

Anyhow, I was researching California laws on vaccinating children.  I’m going to share just a few of the codes I find to be interesting and may even be of use to you.  If a doctor does tell you “It’s the Law, you must vaccinate” he’s right- to a degree, but ultimately the choice is yours.

If you decide not to vaccinate, you must write a letter stating that you have philosophical or religious reasons for not wanting to do so.

Please do your own research.  Follow your inner guidance, as only YOU know what’s truly best for your family.  I invite you to resist being motivated by fear and to consider being motivated by INTUITION, TRUTH, INFORMATION, KNOWLEDGE, and RESEARCH (done by parties not receiving financial gain from the subject at hand). Read on for some very important sections of the California Law Code regarding immunizations. 

Here it says that children who are not immunized will be excluded from school (school being any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center)

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.

The above is true UNLESS the parent, guardian, or emancipated minor states the following in writing

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.

OR if you have a doctor state the following in writing

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.

All children over the age of 18 months who have received the immunizations required by law OR kids whose parents or guardians have documented their medical (written by a doctor) or personal belief exemption will be UNCONDITIONALLY ADMITTED INTO SCHOOL

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.

More on Unconditional admission

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.

Section 6060

§6060. 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