Educational and Child Care Facility Immunization Requirements

Cal. HSC § 120372.05

California Statutes

(

a) 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. (

b) 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. (

c) The independent expert review panel shall evaluate appeals consistent with the American Academy of Pediatrics guidelines or the relevant standard of care, as applicable. (

d) 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. (

e) 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. (

f) 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).

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 120372.05
Date2025-09-17
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC120372.05.202510530

Educational and Child Care Facility Immunization Requirements

Cal. HSC § 120372.05

California Statutes

Educational and Child Care Facility Immunization Requirements

Cal. HSC § 120372.05

California Statutes

(

a) 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. (

b) 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. (

c) The independent expert review panel shall evaluate appeals consistent with the American Academy of Pediatrics guidelines or the relevant standard of care, as applicable. (

d) 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. (

e) 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. (

f) 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).

Document details

CollectionCalifornia Statutes
CitationCal. HSC § 120372.05
Date2025-09-17
Typestatute
Languageen
SourceCA_STAT
IdentifierHSC120372.05.202510530