URGENT ACTION ALERT
SUPPORT AB-2638 WHICH WOULD PROTECT PHYSICIANS WHO WRITE MEDICAL EXEMPTIONS TO VACCINATIONS
California needs to mobilize to SUPPORT AB-2639a bill that would protect physicians who write medical exemptions to vaccination. This bill would specify that a licensed physician is not subject to discipline or liability for writing a statement that immunization is not considered safe for a particular child, in which case that child shall be exempt from specified immunization requirements, to the extent indicated by the physician’s statement, as specified.
Essentially, this law law does two great things: it allows doctors discretion in writing medical exemptions and it ensures that doctors will not face retribution for writing those exemptions.
AB-2638 has been assigned to the Assembly Business and Professions Committee and Judicial Committee and will be heard in the Business and Professions Committee April 26, 2016.
To read the bill click here or see below: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201520160AB2638
ACTION TO TAKE:
1. Email or fax a letter of support to Denni in Mike Gatto’s (the bill sponsor’s) office at Denneile.Ritter@asm.ca.gov or fax: 916-319-2143.
2.Email or fax a letter of support to Rudy Salas, Chair of the Banking and Professions Committee at leondra.clarkharvey@asm.ca.gov or fax: 916-319 -3306
3. Email or fax a letter of support to your own Assembly Member – find your Assembly Member here: www.findyourrep.legislature.ca.gov
Please be sure write SUPPORT AB 2638 in the subject box and be sure to include your name and address on your communications. Your email or letter does not need to be long, simply a paragraph stating your SUPPORT of the bill as it is written.
4. Attend the Business and Professions Committee hearing and voice your support on April 26th at 9:30am in room 447 at the Capitol.
Read text of bill:
AB 2638, as introduced, Gatto. Public health: vaccinations.
Existing law authorizes a parent or guardian to file with the governing authority of a school district or school a written statement by a licensed physician to the effect that immunization is not considered safe for a particular child, in which case that child shall be exempt from specified immunization requirements, to the extent indicated by the physician’s statement, as specified.
This bill would specify that a licensed physician is not subject to discipline or liability for writing the statement described above.
DIGEST KEY
Vote: majority Appropriation: no Fiscal Committee: no Local Program: no
BILL TEXT
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 120370 of the Health and Safety Code is amended to read:
120370. (a) If the parent or guardian files with the governing authority of a school district or school 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, safe for the child, 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 does not recommend immunization, that child 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.
(b) If there is good cause to believe that a child has been exposed to a disease listed in subdivision (b) of Section 120335 and his or her 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.
(c) A licensed physician shall not be subject to discipline or liability for writing a statement as described in subdivision (a).
Judy says
What happened???? AB2638 verbiage has been changed to strike out n red all the references to amending Section 120370…..now AB2638 refers to Section 16429.2 on local government finance ???????
Trixie says
The text was entirely crossed out and replaced with the creation of an “Advisory Panel” funded by a “trust.” Wake up, people. They just took the power for writing medical exemptions away from physicians and gave it to the state. Expect to have to wade through bunches of red tape to even be considered and then expect those qualifications for exemption to be extremely narrow.
The only way to beat them at their game is to get out of their game. Off grid isn’t just for growing food. Take your children out of the system entirely.