AB 354 of 2010 by Arambula and Fletcher made changes to California’s Health & Safety Code 120335 which lifted the age requirements for immunizations against listed diseases – one being pertussis. It also made it mandatory to have a pertussis immunization prior to entering 7th grade.
This is due to the recent re-emergence of pertussis in the U.S.
120335. (a) As used in Chapter 1 (commencing with Section 120325, but excluding Section 120380), and as used in Sections 120400, 120405, 120410, and 120415, the term “governing authority” means the governing board of each school district or the authority of each other private or public institution responsible for the operation and control of the institution or the principal or administrator of each school or institution.
(b) The governing authority shall not unconditionally admit any person as a pupil of any private or public elementary or secondary school, child care center, day nursery, nursery school, family day care home, or development center, unless prior to his or her first admission to that institution he or she has been fully immunized. The following are the diseases for which immunizations shall be documented:
(2) Haemophilus influenzae type b, except for children who have reached the age of four years and six months.
(4) Mumps, except for children who have reached the age of seven years.
(5) Pertussis (whooping cough), except for children who have
reached the age of seven years.
(9) Hepatitis B for all children entering the institutions listed
in this subdivision at the kindergarten level or below on or after August 1, 1997.
(10) Varicella (chickenpox), effective July 1, 2001. Persons
already admitted into California public or private schools at the kindergarten level or above before July 1, 2001, shall be exempt from the varicella immunization requirement for school entry. This paragraph shall be operative only to the extent that funds for this purpose are appropriated in the annual Budget Act. The department may adopt emergency regulations to implement this paragraph including, but not limited to, requirements for documentation and immunization status reports, in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The initial adoption of emergency regulations shall be deemed to be an emergency and considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, or general welfare. Emergency regulations adopted pursuant to this paragraph shall remain in effect for no more than 180 days.
(11) Any other disease deemed appropriate by the department, taking into consideration the recommendations of the United States Public Health Services’ Centers for Disease Control Immunization Practices Advisory Committee and the American Academy of Pediatrics Committee of Infectious Diseases.
(c) On and after July 1, 1999, the governing authority shall not unconditionally admit any pupil to the 7th grade level, nor unconditionally advance any pupil to the 7th grade level, of any of the institutions listed in subdivision (b) unless the pupil has been fully immunized against hepatitis B.
(d) The department may specify the immunizing agents which may be utilized and the manner in which immunizations are administered.