On June 30, 2015, California Governor Jerry Brown signed Senate Bill 277 into law. SB 277 removes the personal belief exemption (PBE) from school vaccination requirements and allows exemptions only for medical reasons. SB 277 will go into effect on July 1, 2016.
SB 277 immunization requirements apply to students first admitted to school, child care, or entering seventh grade starting in 2016. The new law provides that every child must be immunized against a list of ten diseases – otherwise they will not be admitted into school. (Health & Safety Code § 120325 et. seq.) A provision of Health & Safety Code section 120370(a) provides that if a physician provides a waiver, then the child maybe admitted.
The reasons for a waiver include immune compromised, chemotherapy for cancer, immune suppressant therapy or known allergy (that might then eliminate some but not all vaccinations.) If a child has a true medical reason they cannot have some or all of the vaccinations then the parents can apply for such waiver based on a doctor’s recommendation. The doctor should not sign a waiver if not indicated.
If there is no legitimate medical reason the child should not be vaccinated, then the parents are refusing recommended treatment. The American Academy of Pediatrics has published an informed refusal that doctors should place in patient charts. It is the physician’s choice whether to continue to treat the child based on this refusal, which indicates a breakdown in the physician-patient relationship. The child may be discontinued from the practice, using recommended guidelines.
For more information about SB 277, please visit:
The California Department of Public Health’s Shots for School website, which contains the latest updates on California’s school immunization requirements, information on school immunization rates, and links to the laws and regulations related to school immunization.
Authored by
Ann Whitehead, RN, JD
CAP Risk Management & Patient Safety Department
If you have questions about this article, please contact us. This information should not be considered legal advice applicable to a specific situation. Legal guidance for individual matters should be obtained from a retained attorney.