Fiscal Summary

NOT SIGNIFICANT

Bill Summary

Generally, present law requires certain vaccinations, examinations, and medical treatments and establishes certain exemptions to those requirements, including an exemption based on religious grounds. Under present law, a person's right to object to vaccinations, examinations, and medical treatments on religious grounds is limited by various provisions. This bill removes the provisions that limit a person's objecting on religious grounds to vaccinations, examinations, and medical treatments, as discussed below. Additionally, this bill creates protection from state agencies, departments, and political subdivisions promulgating or enforcing ordinances or resolutions that require medical examinations, immunization, and treatment to individuals who object on religious or right of conscience grounds.

Under present law, a person may object on religious grounds to the following vaccinations, immunizations, and medical procedures, except during an epidemic or the immediate threat of an epidemic:

(1) Children receiving vaccines in accordance with the guidelines of the center for disease control (CDC);

(2) Children receiving immunizations in accordance with the commissioner of health's immunization designations prior to starting school; and

(3) Persons adhering to county health department regulations pertaining to medical treatment.

As stated above, an epidemic or the threat of an epidemic overrides an individual's objection to these vaccinations, immunizations, and medical procedures. This bill removes the language "in the absence of an epidemic or immediate threat thereof" and thereby allows an individual to object to these vaccinations, immunizations, and medical procedures on religious grounds without exception.

This bill also revises present law provisions regarding the religious basis exemption for employees. Under present law, employees may object to vaccinations, immunizations, and other medical procedures on religious grounds except when medical treatment is necessary for the protection of the health and safety of others. This bill removes the exception to the exemption of "medical treatment when necessary for the protection of the health and safety of others" thereby eliminating any authorization or requirement of medical examination, immunization, or treatments when an employee objects on religious grounds.

Under present law, it is a Class C misdemeanor for a person to refuse to be vaccinated or prohibits another individual in that person's control to be vaccinated when application is made by a health officer, board of health, or physician, except when the opinion of another physician says it would not be prudent on the sickness. Additionally, under present law, it is Class C misdemeanor when physicians fraudulently give certificates of sickness or vaccines to prevent vaccination. This bill removes those penalties.

Under present law, there are various exceptions in place that override an individual's objection on religious grounds to medical examinations, immunizations, or treatments. This bill creates an additional protection for individuals objecting on religious grounds.