20250SB__137798AMD INTRODUCED 2026-02-20 AMENDED_SENATE 2026-03-25 2025 SB AMD Introduced by Senator Jones LEAD_AUTHOR SENATE Jones

An act to add

Article 16 (commencing with

Section 2380) to

Chapter of Division of the Business and Professions Code, to amend Sections and of, to add Sections 1272.5 and 1374.199 to, to repeal

Section 120372.05 of, and to repeal and add Sections and of, the Health and Safety Code, and to add

Section 10127.22 to the Insurance Code, relating to immunizations. immunizations Immunizations: medical exemptions.

(1) Existing law prohibits the governing authority of a school or other institution from unconditionally admitting any person as a pupil unless, before the person’s admission to that institution, the person has been fully immunized against various diseases, including any disease deemed appropriate by the State Department of Public Health. Existing law provides for medical exemptions from immunization requirements.

Existing law requires the department to develop and make available for use by licensed physicians and surgeons an electronic, standardized, statewide medical exemption certification form to be transmitted directly to the department’s California Immunization Registry (CAIR) and submitted directly to the school or institution at which the child will attend, submitted directly to the governing authority of the school or institution, or submitted to that governing authority through the CAIR where applicable.

Existing law requires the form to be the only documentation of a medical exemption that the governing authority may accept. Existing law requires the department to identify medical exemption forms that do not meet specified criteria for appropriate medical exemptions. Existing law requires inappropriate or otherwise invalid exemptions to be reviewed by the State Public Health Officer or a physician and surgeon, and authorizes the revocation of the medical exemption.

Existing law requires the department to notify the Medical Board of California or the Osteopathic Medical Board of California, as appropriate, of any physician and surgeon who has or more medical exemption forms in a calendar year that are revoked. Existing law authorizes the appeal of a revoked medical exemption by a parent or guardian, as specified. This bill would repeal these provisions.

Existing law, prior to January 1, 2021, exempts a child from immunization requirements if the parent or guardian files with the governing authority a written statement by a licensed physician and surgeon 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 for which the physician and surgeon does not recommend immunization.

This bill would exempt a child from immunization requirements if the parent or guardian files with the governing authority a written statement, as described above. The bill would prohibit the department, a local health department, or a third-party review panel from revoking, invalidating, or conditioning a medical exemption duly issued by a licensed physician and surgeon, except by final order of a court upon clear and convincing evidence of fraud.

The bill would prohibit the department and local health departments from auditing, disciplining, or referring a physician and surgeon to the Medical Board of California or Osteopathic Medical Board of California based solely on the number of medical exemptions issued.

(2) Existing law establishes the Medical Board of California and the Osteopathic Medical Board of California for the licensure and regulation of physicians and surgeons and osteopathic physicians and surgeons. Existing law authorizes the boards to, among other things, investigate and discipline licensees for misconduct. This bill would prohibit a physician and surgeon from being investigated, disciplined, or otherwise acted against by any state department or board based on their issuance of medical exemptions unless the medical exemption is found to be fraudulent or otherwise invalid.

The bill would prohibit a medical exemption from being considered in any investigation or action against a physician and surgeon that is otherwise unrelated to medical exemptions.

(3) Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. This bill would prohibit a health care service plan or health insurer from denying coverage, imposing higher premiums, canceling a policy, or otherwise penalizing an enrollee or insured because a covered minor holds a medical exemption.

Because a violation of this requirement by a health care service plan would be a crime, this bill would impose a state-mandated local program.

(4) Existing law provides for the licensure and regulation of health facilities, as defined, by the State Department of Public Health. Existing law makes a violation of those provisions a misdemeanor. This bill would prohibit a health facility from denying medically necessary care on the basis of a medical exemption. Because a violation of this provision would be a crime, this bill would impose a state-mandated local program.

(5) The bill would require the State Department of Public Health to repeal or amend any regulation inconsistent with this bill on or before July 1, 2027.

(6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law requires a licensed general acute care hospital or acute psychiatric hospital to adopt policies and procedures regarding the responsibility for ensuring proper methods of repackaging and labeling of bulk cleaning agents, solvents, chemicals, and nondrug hazardous substances used throughout the hospital and does not require these health facilities to consult a pharmacist regarding the repackaging and labeling of these substances, except as specified.</xhtml:p><xhtml:p>This bill would make technical, nonsubstantive changes to these provisions.</xhtml:p>"?> MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Article 16 (commencing with

Section 2380) is added to

Chapter of Division of the Business and Professions Code , to read: 16. Immunization Medical Exemptions 2380. For purposes of this article, “medical exemption” has the same meaning as described in

Section of the Health and Safety Code. 2381. A physician and surgeon shall not be investigated, disciplined, or otherwise acted against by any state department or board based on their issuance of a medical exemption unless the medical exemption is found to be fraudulent or otherwise invalid. 2382. A medical exemption shall not be considered in any investigation or action against a physician and surgeon that is otherwise unrelated to medical exemptions. 2383. A medical exemption shall not be revoked or invalidated based on any investigation or action against a physician if that investigation does not relate to medical exemptions.

SEC.

Section 1272.5 is added to the Health and Safety Code , to read: 1272.5. A health facility shall not deny medically necessary care on the basis of a medical exemption, as described in

Section 120370.

SEC.

Section 1374.199 is added to the Health and Safety Code , to read: 1374.199. A health care service plan shall not deny coverage, impose higher premiums, cancel a policy, or otherwise penalize an enrollee because a covered minor holds a medical exemption, as described in

Section 120370.

SEC. 4.

Section of the Health and Safety Code is amended to read: 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)<xhtml:span class="EnSpace"/>A means for the eventual achievement of total immunization of appropriate age groups against the following childhood diseases:</xhtml:p><xhtml:p>(1)<xhtml:span class="EnSpace"/>Diphtheria.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Hepatitis B.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Haemophilus influenzae type b.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>Measles.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>Mumps.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>Pertussis (whooping cough).</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>Poliomyelitis.</xhtml:p><xhtml:p>(8)<xhtml:span class="EnSpace"/>Rubella.</xhtml:p><xhtml:p>(9)<xhtml:span class="EnSpace"/>Tetanus.</xhtml:p><xhtml:p>(10)<xhtml:span class="EnSpace"/>Varicella (chickenpox).</xhtml:p><xhtml:p>(11)<xhtml:span class="EnSpace"/>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.</xhtml:p>"?> (

a) For the prevention and control of communicable diseases. (

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.

SEC. 5.

Section of the Health and Safety Code is repealed. <caml:Num>120370.</caml:Num><caml:LawSectionVersion id="id_D23F2FCB-4832-4DE0-A60B-76C3F605BB5C"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>Prior to January 1, 2021, if the parent or guardian files with the governing authority a written statement by a licensed physician and surgeon 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, including, but not limited to, family medical history, for which the physician and surgeon does not recommend immunization, that child shall be exempt from the requirements of this chapter, except for

Section 120380, and exempt from Sections 120400, 120405, 120410, and to the extent indicated by the physician and surgeon’s statement.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>Commencing January 1, 2020, a child who has a medical exemption issued before January 1, 2020, shall be allowed continued enrollment to any public or private elementary or secondary school, child care center, day nursery, nursery school, family day care home, or developmental center within the state until the child enrolls in the next grade span.</xhtml:p><xhtml:p>For purposes of this subdivision, “grade span” means each of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Birth to preschool, inclusive.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Kindergarten and grades to 6, inclusive, including transitional kindergarten.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Grades to 12, inclusive.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>Except as provided in this subdivision, on and after July 1, 2021, the governing authority shall not unconditionally admit or readmit to any of those institutions specified in this subdivision, or admit or advance any pupil to 7th grade level, unless the pupil has been immunized pursuant to

Section or the parent or guardian files a medical exemption form that complies with

Section 120372.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>If there is good cause to believe that a child has been exposed to a disease listed in subdivision (

b) of

Section and the child’s 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.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection>"?>

SEC. 6.

Section is added to the Health and Safety Code , to read: 120370. (

a) If the parent or guardian files with the governing authority a written statement by a licensed physician and surgeon 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, including, but not limited to, family medical history, for which the physician and surgeon does not recommend immunization, that child shall be exempt from the requirements of this chapter, except for

Section 120380, and exempt from Sections 120400, 120405, 120410, and to the extent indicated by the physician and surgeon’s statement. (

b) When determining whether a medical exemption is appropriate pursuant to subdivision (a), a physician and surgeon shall use accepted standards of care and shall not be required to use criteria established by the department. (

c) A medical exemption, as described in

Section 120370, shall not be grounds for the denial of education or access to education or admission to any education or childcare facility nor for the participation in any school programs, extracurricular activities, scholarships, housing, or anything else related to schooling and education in the state at any level. A pupil with a medical exemption shall not be excluded, segregated, or otherwise treated differently from similarly situated pupils.

SEC. 7.

Section of the Health and Safety Code is repealed. <caml:Num>120372.</caml:Num><caml:LawSectionVersion id="id_04C55990-0FE3-4F56-97B6-3004070C8264"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>By January 1, 2021, the department shall develop and make available for use by licensed physicians and surgeons an electronic, standardized, statewide medical exemption certification form that shall be transmitted directly to the department’s California Immunization Registry (CAIR) established pursuant to

Section 120440. Pursuant to

Section 120375, the form shall be printed, signed, and submitted directly to the school or institution at which the child will attend, submitted directly to the governing authority of the school or institution, or submitted to that governing authority through the CAIR where applicable. Notwithstanding

Section 120370, commencing January 1, 2021, the standardized form shall be the only documentation of a medical exemption that the governing authority may accept.</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>At a minimum, the form shall require all of the following information:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>The name, California medical license number, business address, and telephone number of the physician and surgeon who issued the medical exemption, and of the primary care physician of the child, if different from the physician and surgeon who issued the medical exemption.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>The name of the child for whom the exemption is sought, the name and address of the child’s parent or guardian, and the name and address of the child’s school or other institution.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>A statement certifying that the physician and surgeon has conducted a physical examination and evaluation of the child consistent with the relevant standard of care and complied with all applicable requirements of this section.</xhtml:p><xhtml:p>(D)<xhtml:span class="EnSpace"/>Whether the physician and surgeon who issued the medical exemption is the child’s primary care physician.

If the issuing physician and surgeon is not the child’s primary care physician, the issuing physician and surgeon shall also provide an explanation as to why the issuing physician and not the primary care physician is filling out the medical exemption form.</xhtml:p><xhtml:p>(E)<xhtml:span class="EnSpace"/>How long the physician and surgeon has been treating the child.</xhtml:p><xhtml:p>(F)<xhtml:span class="EnSpace"/>A description of the medical basis for which the exemption for each individual immunization is sought.

Each specific immunization shall be listed separately and space on the form shall be provided to allow for the inclusion of descriptive information for each immunization for which the exemption is sought.</xhtml:p><xhtml:p>(G)<xhtml:span class="EnSpace"/>Whether the medical exemption is permanent or temporary, including the date upon which a temporary medical exemption will expire. A temporary exemption shall not exceed one year. All medical exemptions shall not extend beyond the grade span, as defined in

Section 120370.</xhtml:p><xhtml:p>(H)<xhtml:span class="EnSpace"/>An authorization for the department to contact the issuing physician and surgeon for purposes of this

section and for the release of records related to the medical exemption to the department, the Medical Board of California, and the Osteopathic Medical Board of California.</xhtml:p><xhtml:p>(I)<xhtml:span class="EnSpace"/>A certification by the issuing physician and surgeon that the statements and information contained in the form are true, accurate, and complete.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>An issuing physician and surgeon shall not charge for either of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Filling out a medical exemption form pursuant to this section.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/> A physical examination related to the renewal of a temporary medical exemption.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>Commencing January 1, 2021, if a parent or guardian requests a licensed physician and surgeon to submit a medical exemption for the parent’s or guardian’s child, the physician and surgeon shall inform the parent or guardian of the requirements of this section.

If the parent or guardian consents, the physician and surgeon shall examine the child and submit a completed medical exemption certification form to the department.

A medical exemption certification form may be submitted to the department at any time.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>By January 1, 2021, the department shall create a standardized system to monitor immunization levels in schools and institutions as specified in Sections and 120440, and to monitor patterns of unusually high exemption form submissions by a particular physician and surgeon.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>(1)<xhtml:span class="EnSpace"/>The department, at a minimum, shall annually review immunization reports from all schools and institutions in order to identify medical exemption forms submitted to the department and under this

section that will be subject to paragraph (2).</xhtml:p><xhtml:p>(2)<xhtml:span class="EnSpace"/>A clinically trained immunization department staff member, who is either a physician and surgeon or a registered nurse, shall review all medical exemptions from any of the following:</xhtml:p><xhtml:p>(A)<xhtml:span class="EnSpace"/>Schools or institutions subject to

Section with an overall immunization rate of less than percent.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Physicians and surgeons who have submitted five or more medical exemptions in a calendar year beginning January 1, 2020.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>Schools or institutions subject to

Section that do not provide reports of vaccination rates to the department.</xhtml:p><xhtml:p>(3)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>The department shall identify those medical exemption forms that do not meet applicable AAP criteria for appropriate medical exemptions.

The department may contact the primary care physician and surgeon or issuing physician and surgeon to request additional information to support the medical exemption.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>Notwithstanding subparagraph (A), the department, based on the medical discretion of the clinically trained immunization staff member, may accept a medical exemption that is based on other contraindications or precautions, including consideration of family medical history, if the issuing physician and surgeon provides written documentation to support the medical exemption that is consistent with the relevant standard of care.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>A medical exemption that the reviewing immunization department staff member determines to be inappropriate or otherwise invalid under subparagraphs (

A) and (

B) shall also be reviewed by the State Public Health Officer or a physician and surgeon from the department’s immunization program designated by the State Public Health Officer.

Pursuant to this review, the State Public Health Officer or physician and surgeon designee may revoke the medical exemption.</xhtml:p><xhtml:p>(4)<xhtml:span class="EnSpace"/>Medical exemptions issued prior to January 1, 2020, shall not be revoked unless the exemption was issued by a physician or surgeon that has been subject to disciplinary action by the Medical Board of California or the Osteopathic Medical Board of California.</xhtml:p><xhtml:p>(5)<xhtml:span class="EnSpace"/>The department shall notify the parent or guardian, issuing physician and surgeon, the school or institution, and the local public health officer with jurisdiction over the school or institution of a denial or revocation under this subdivision.</xhtml:p><xhtml:p>(6)<xhtml:span class="EnSpace"/>If a medical exemption is revoked pursuant to this subdivision, the child shall continue in attendance.

However, within calendar days of the revocation, the child shall commence the immunization

schedule required for conditional admittance under

Chapter 4 (commencing with

Section 6000) of Division of Title of the California Code of Regulations in order to remain in attendance, unless an appeal is filed pursuant to

Section 120372.05 within that 30-day time period, in which case the child shall continue in attendance and shall not be required to otherwise comply with immunization requirements unless and until the revocation is upheld on appeal.</xhtml:p><xhtml:p>(7)<xhtml:span class="EnSpace"/>(A)<xhtml:span class="EnSpace"/>If the department determines that a physician’s and surgeon’s practice is contributing to a public health risk in one or more communities, the department shall report the physician and surgeon to the Medical Board of California or the Osteopathic Medical Board of California, as appropriate.

The department shall not accept a medical exemption form from the physician and surgeon until the physician and surgeon demonstrates to the department that the public health risk no longer exists, but in no event shall the physician and surgeon be barred from submitting these forms for less than two years.</xhtml:p><xhtml:p>(B)<xhtml:span class="EnSpace"/>If there is a pending accusation against a physician and surgeon with the Medical Board of California or the Osteopathic Medical Board of California relating to immunization standards of care, the department shall not accept a medical exemption form from the physician and surgeon unless and until the accusation is resolved in favor of the physician and surgeon.</xhtml:p><xhtml:p>(C)<xhtml:span class="EnSpace"/>If a physician and surgeon licensed with the Medical Board of California or the Osteopathic Medical Board of California is on probation for action relating to immunization standards of care, the department and governing authority shall not accept a medical exemption form from the physician and surgeon unless and until the probation has been terminated.</xhtml:p><xhtml:p>(8)<xhtml:span class="EnSpace"/>The department shall notify the Medical Board of California or the Osteopathic Medical Board of California, as appropriate, of any physician and surgeon who has five or more medical exemption forms in a calendar year that are revoked pursuant to this subdivision.</xhtml:p><xhtml:p>(9)<xhtml:span class="EnSpace"/>Notwithstanding any other provision of this section, a clinically trained immunization program staff member who is a physician and surgeon or a registered nurse may review any exemption in the CAIR or other state database as necessary to protect public health.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>The department, the Medical Board of California, and the Osteopathic Medical Board of California shall enter into a memorandum of understanding or similar agreement to ensure compliance with the requirements of this section.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>In administering this section, the department and the independent expert review panel created pursuant to

Section 120372.05 shall comply with all applicable state and federal privacy and confidentiality laws. The department may disclose information submitted in the medical exemption form in accordance with

Section 120440, and may disclose information submitted pursuant to this

chapter to the independent expert review panel for the purpose of evaluating appeals.</xhtml:p><xhtml:p>(g)<xhtml:span class="EnSpace"/>The department shall establish the process and guidelines for review of medical exemptions pursuant to this section.

The department shall communicate the process to providers and post this information on the department’s website.</xhtml:p><xhtml:p>(h)<xhtml:span class="EnSpace"/>If the department or the California Health and Human Services Agency determines that contracts are required to implement or administer this section, the department may award these contracts on a single-source or sole-source basis. The contracts are not subject to

Part 2 (commencing with

Section 10100) of Division of the Public Contract Code,

Article 4 (commencing with

Section 19130) of

Chapter of Part of Division of Title of the Government Code, or Sections to 5180, inclusive, of the State Administrative Manual as they relate to approval of information technology projects or approval of increases in the duration or costs of information technology projects.</xhtml:p><xhtml:p>(i)<xhtml:span class="EnSpace"/>Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code), the department may implement and administer this

section through provider bulletins, or similar instructions, without taking regulatory action.</xhtml:p><xhtml:p>(j)<xhtml:span class="EnSpace"/>For purposes of administering this section, the department and the California Health and Human Services Agency appeals process shall be exempt from the rulemaking and administrative adjudication provisions in the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340),

Chapter 4 (commencing with

Section 11370),

Chapter 4.5 (commencing with 11400), and

Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code).</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection>"?>

SEC. 8.

Section is added to the Health and Safety Code , to read: 120372. (

a) Notwithstanding any other law, the department, a local health department, or a third-party review panel shall not revoke, invalidate, or condition a medical exemption duly issued by a licensed physician and surgeon, except by final order of a court upon clear and convincing evidence of fraud. (

b) The State Department of Public Health and local health departments shall not audit, discipline, or refer a physician and surgeon to the Medical Board of California or Osteopathic Medical Board of California based solely on the number of medical exemptions issued.

SEC.

Section 120372.05 of the Health and Safety Code is repealed. <caml:Num>120372.05.</caml:Num><caml:LawSectionVersion id="id_1656A372-AFCF-4B3B-B9BD-ECDE78BA704E"><caml:Content><xhtml:p>(a)<xhtml:span class="EnSpace"/>A medical exemption revoked pursuant to

Section may be appealed by a parent or guardian to the Secretary of California Health and Human Services. Parents, guardians, or the physician who issued the medical exemption may provide necessary information for purposes of the appeal.</xhtml:p><xhtml:p>(b)<xhtml:span class="EnSpace"/>The secretary shall establish an independent expert review panel, consisting of three licensed physicians and surgeons who have relevant knowledge, training, and experience relating to primary care or immunization to review appeals.

The agency shall establish the process and guidelines for the appeals process pursuant to this section, including the process for the panel to contact the issuing physician and surgeon, parent, or guardian. The agency shall post this information on the agency’s internet website.

The agency shall also establish requirements, including conflict-of-interest standards, consistent with the purposes of this chapter, that a physician and surgeon shall meet in order to qualify to serve on the panel.</xhtml:p><xhtml:p>(c)<xhtml:span class="EnSpace"/>The independent expert review panel shall evaluate appeals consistent with the American Academy of Pediatrics guidelines or the relevant standard of care, as applicable.</xhtml:p><xhtml:p>(d)<xhtml:span class="EnSpace"/>The independent expert review panel shall submit its determination to the secretary.

The secretary shall adopt the determination of the independent expert review panel and shall promptly issue a written decision to the child’s parent or guardian. The decision shall not be subject to further administrative review.</xhtml:p><xhtml:p>(e)<xhtml:span class="EnSpace"/>A child whose medical exemption revocation pursuant to subdivision (

d) of

Section is appealed under this

section shall continue in attendance and shall not be required to commence the immunization required for conditional admittance under

Chapter 4 (commencing with

Section 6000) of Division of Title of the California Code of Regulations, provided that the appeal is filed within calendar days of revocation of the medical exemption.</xhtml:p><xhtml:p>(f)<xhtml:span class="EnSpace"/>For purposes for administering this section, the department and the California Health and Human Services Agency appeals process shall be exempt from the rulemaking and administrative adjudication provisions in the Administrative Procedure Act (Chapter 3.5 (commencing with

Section 11340),

Chapter 4 (commencing with

Section 11370),

Chapter 4.5 (commencing with 11400), and

Chapter 5 (commencing with

Section 11500) of Part of Division of Title of the Government Code).</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection>"?>

SEC. 10.

Section of the Health and Safety Code is amended to read: 120375. (a)

(1) The governing authority of each school or institution included in

Section 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 the entrant has been fully immunized against all of the diseases listed in

Section 120335, and immunizations received after entry shall be added to the pupil’s immunization record. (2) (

A) The governing authority of each school or institution included in

Section shall not require disclosure of diagnosis or disability in support of a medical exemption issued pursuant to

Section 120370. The governing authority shall accept any valid medical exemption provided in accordance with

Section 120370. (B) (

i) Notwithstanding any other law, documentation for medical exemptions, as described in

Section 120370, constitutes confidential medical information. Documentation for medical exemptions shall not be disclosed without written consent except to verify the existence of the exemption or pursuant to a court order. (ii) Notwithstanding any other law, medical exemption status shall not be shared without written consent of the exempted person if that person is years of age or older, or their legal guardian if the exempted person is under years of age. (

b) The governing authority of each school or institution included in

Section 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 until that pupil has been fully immunized against all of the diseases listed in

Section 120335, unless the pupil is exempted under

Section 120370. (

c) The governing authority shall file a written report, on at least an annual basis, on the immunization status of new entrants to the school or institution under their jurisdiction with the department and the local health department on forms prescribed by the department. As provided in paragraph (4) of subdivision (

a) of

Section 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 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 to administer immunizing agents to any person seeking admission to any school or institution under its jurisdiction.

SEC.

Section 10127.22 is added to the Insurance Code , to read: 10127.22. A health insurer shall not deny coverage, impose higher premiums, cancel a policy, or otherwise penalize an insured because a covered minor holds a medical exemption, as described in

Section of the Health and Safety Code.

SEC. 12. The State Department of Public Health shall repeal or amend any regulation inconsistent with this act on or before July 1, 2027.

SEC. 13. No reimbursement is required by this act pursuant to

Section of

Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of

Section of the Government Code, or changes the definition of a crime within the meaning of

Section of

Article XIII B of the California Constitution. <caml:Num>SECTION 1.</caml:Num><caml:ActionLine action="IS_AMENDED" xlink:href="urn:caml:codes:HSC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'1250.06.'%5D)" xlink:label="fractionType: LAW_SECTION" xlink:type="locator">Section 1250.06 of the <caml:DocName>Health and Safety Code</caml:DocName> is amended to read:</caml:ActionLine><caml:Fragment><caml:LawSection id="id_08B4DAB8-F31A-4029-95D2-43F23F96CAE7"><caml:Num>1250.06.</caml:Num><caml:LawSectionVersion id="id_EEA4D8D9-7013-4C1A-84E2-E7E5D662FAFB"><caml:Content><xhtml:p>A licensed general acute care hospital, as defined in subdivision (

a) of

Section 1250, or an acute psychiatric hospital, as defined in subdivision (

b) of

Section 1250, shall adopt policies and procedures regarding the responsibility for ensuring the proper methods of repackaging and labeling bulk cleaning agents, solvents, chemicals, and nondrug hazardous substances used throughout the hospital. The hospital is not required to consult a pharmacist regarding repackaging and labeling these substances, except for areas where sterile compounding is performed.</xhtml:p></caml:Content></caml:LawSectionVersion></caml:LawSection></caml:Fragment></caml:BillSection>"?>