SB 792 Will not affect you if you've already had natural measles and whooping cough.
“'Flu' is basically defined as a 100°F or higher fever or feeling feverish (not everyone with the flu has a fever), a cough and/or sore throat, a runny or stuffy nose, headaches and/or body aches, chills, and fatigue. So if you have that you think you have the flu. Right? Actually no. What is often poorly understood is that a person actually has a syndrome (influenza-like illness, or ILI) that can be caused by various agents. Only a proportion of this syndrome is caused by influenza A and B viruses, but differential diagnosis on clinical grounds alone is not possible. So in other words, just because you or your doctor think you have the “flu” doesn’t mean you have the influenza virus. In a 2009 editorial by Thomas Jefferson of the Cochrane Vaccines Field, explained just what the incidence of ILI is and what percentage are actually caused by the influenza virus. Using perspective studies the Cochrane group determined that during the winter season about 7% of people come down with ILI – 93% don’t. Of that 7% only a small fraction are from influenza – 11% influenza, 6% RSV [Respiratory syncytial virus], 3% Rhinovirus, 2% PIV [Parainfluenza virus], and a whopping 77% from unknown causes. Based on this the conclusion was: …evidence presented here points to influenza being a relatively rare cause of ILI and a relatively rare disease. It follows that vaccines may not be appropriate preventive interventions for either influenza or ILI. [46] - See more at: http://www.vaccinationcouncil.org/2014/06/24/measles-and-measles-vaccines-fourteen-things-to-consider-by-roman-bystrianyk-co-author-dissolving-illusions-disease-vaccines-and-the-forgotten-history/#sthash.dYvhnO8b.dpuf"
The Vaccination council proves that the influenza vaccine is not necessary, yet workers will have to write and submit an exemption in order to get out of the annual shot. The good news is that if you've had whooping cough and measles, you can show prove of that and you don't have to get those shots. According to Section 1: b3, it is ok to write an exemption for one of the most dangerous shots, the flu shot.
Amended IN Assembly July 02, 2015 |
| Amended IN Assembly June 22, 2015 |
| Amended IN Senate April 30, 2015 |
| Amended IN Senate April 07, 2015 |
CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION
| Senate Bill | No. 792 |
| Introduced by Senator Mendoza |
February 27, 2015 |
An act to amend Sections 1597.055 and 1597.54 of, and to add Sections 1596.7995 and 1597.622 to, the Health and Safety Code, relating to day care facilities.
LEGISLATIVE COUNSEL'S DIGEST
SB 792, as amended, Mendoza. Day care facilities: immunizations: exemptions.
Existing law, the California Child Day Care Facilities Act, provides for the licensure and regulation of day care centers, as defined, and family day care homes, as defined, by the State Department of Social Services. A violation of the act is a crime. Existing law requires a child to be immunized prior to admission to a day care center or family day care home. Existing law authorizes an exemption from those provisions for medical reasons or because of personal beliefs, if specified forms are submitted to the day care center or family day care home.
This bill, commencing September 1, 2016, would prohibit a day care center or a family day care home from employing any person who has not been immunized against influenza, pertussis, and measles. The bill would specify circumstances under which a person would be exempt from the immunization requirement, based on medical safety, current immunity, declining the influenza vaccination, or the date upon which he or she was hired, as specified. The bill would make conforming changes to provisions that set forth qualifications for day care center teachers and applicants for licensure as a family day care home. Because the bill would extend the application of a crime under the act, the bill would impose a state-mandated local program.
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.
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.
Section 1596.7995 is added to the Health and Safety Code, to read:1596.7995.
(a) Commencing September 1, 2016, a person shall not be employed at a day care center if he or she has not been immunized against influenza, pertussis, and measles. An employee shall receive an influenza vaccination between August 1 and December 1 of each year.
(b) A person is exempt from the requirements of this section only under any of the following circumstances:
(1) The person submits a written statement from a licensed physician declaring that because of the person’s physical condition or medical circumstances, immunization is not safe. The statement shall indicate the probable duration of the medical condition or circumstances that contraindicate immunization.
(2) The person submits a written statement from a licensed physician providing that the person has evidence of current immunity to the diseases described in subdivision (a).
(3) The person submits a written declaration that he or she has declined the influenza vaccination. This exemption applies only to the influenza vaccine.
(4) The person was hired after December 1 of the previous year and before August 1 of the current year. This exemption applies only to the influenza vaccine.
SEC. 2.
Section 1597.055 of the Health and Safety Code is amended to read:1597.055.
(a) Notwithstanding any other educational requirements, a person may be hired as a teacher in a day care center if he or she satisfies all of the following conditions:
(1) Is 18 years of age or older.
(2) Possesses a regional occupation program certificate of training in child care occupations issued by a regional occupational program which is accredited by the Western Association of Schools and Colleges.
(3) Has completed at least 95 hours of classroom instruction in child care and development and child care occupations and at least 150 hours in supervised field experience in a licensed day care center or comparable group child care program.
(4) Commencing September 1, 2016, has provided evidence of current immunity, as described in paragraph (2) of subdivision (b) of Section 1596.7995.
(b) Subsequent to being hired pursuant to subdivision (a), a teacher shall make satisfactory progress towards meeting the educational requirement for a fully qualified teacher, as specified in departmental regulations. For purposes of this section, “satisfactory progress” shall mean completion, with passing grades, of a minimum of two units each semester or the equivalent number of units each quarter until the educational requirement is satisfied. Six of the required semester or equivalent number of quarter units of early childhood education from an accredited university or college shall be completed during the next two consecutive regular semesters or equivalent quarters.
(c) A teacher hired pursuant to this section shall not be exempt from satisfying any other noneducation requirements imposed by law on teachers in day care centers and shall have onsite supervision by a fully qualified teacher until six of the units specified in subdivision (b) are completed.
SEC. 3.
Section 1597.54 of the Health and Safety Code is amended to read:1597.54.
All family day care homes for children, shall apply for a license under this chapter, except that any home which on June 28, 1981, had a valid and unexpired license to operate as a family day care home for children under other provisions of law shall be deemed to have a license under this chapter for the unexpired term of the license at which time a new license may be issued upon fulfilling the requirements of this chapter.
An applicant for licensure as a family day care home for children shall file with the department, pursuant to its regulations, an application on forms furnished by the department, which shall include, but not be limited to, all of the following:
(a) A brief statement confirming that the applicant is financially secure to operate a family day care home for children. The department shall not require any other specific or detailed financial disclosure.
(b) (1) Evidence that the small family day care home contains a fire extinguisher or smoke detector device, or both, which meets standards established by the State Fire Marshal under subdivision (d) of Section 1597.45, or evidence that the large family day care home meets the standards established by the State Fire Marshal under subdivision (d) of Section 1597.46.
(2) Evidence satisfactory to the department that there is a fire escape and disaster plan for the facility and that fire drills and disaster drills will be conducted at least once every six months. The documentation of these drills shall be maintained at the facility on a form prepared by the department and shall include the date and time of the drills.
(c) The fingerprints of any applicant of a family day care home license, and any other adult, as required under subdivision (b) of Section 1596.871.
(d) Evidence of a current tuberculosis clearance, as defined in regulations that the department shall adopt, for any adult in the home during the time that children are under care.
(e) Commencing September 1, 2016, evidence of current immunity, as described in Section 1597.622, for the applicant and any other person who provides care and supervision to the children.
(f) Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and Chapter 3.4 (commencing with Section 1596.70) and the regulations adopted pursuant to those chapters.
(g) Evidence satisfactory to the department that the applicant and all other persons residing in the home are of reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1596.871, employment history, and character references.
(h) Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application. Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both.
(i) Other information as may be required by the department for the proper administration and enforcement of the act.
SEC. 4.
Section 1597.622 is added to the Health and Safety Code, to read:1597.622.
(a) Commencing September 1, 2016, a person shall not be employed at a family day care home if he or she has not been immunized against influenza, pertussis, and measles. An employee shall receive an influenza vaccination between August 1 and December 1 of each year.
(b) A person is exempt from the requirements of this section only under any of the following circumstances:
(1) The person submits a written statement from a licensed physician declaring that because of the person’s physical condition or medical circumstances, immunization is not safe. The statement shall indicate the probable duration of the medical condition or circumstances that contraindicate immunization.
(2) The person submits a written statement by a licensed physician providing that the person has evidence of current immunity to one or more of the diseases described in subdivision (a).
(3) The person submits a written declaration that he or she has declined the influenza vaccination. This exemption applies only to the influenza vaccine.
(4) The person was hired after December 1 of the previous year and before August 1 of the current year. This exemption applies only to the influenza vaccination. vaccine.
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