Section 1596.7995 Of Article 1. General Provisions And Definitions From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 1.
1596.7995
. (a) (1) Commencing September 1, 2016, a person shall not
be employed or volunteer at a day care center if he or she has not
been immunized against influenza, pertussis, and measles. Each
employee and volunteer shall receive an influenza vaccination between
August 1 and December 1 of each year.
(2) If a person meets all other requirements for employment or
volunteering, as applicable, but needs additional time to obtain and
provide his or her immunization records, the person may be employed
or volunteer conditionally for a maximum of 30 days upon signing and
submitting a written statement attesting that he or she has been
immunized as required.
(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.
(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 during the first year of employment or
volunteering.
(c) The day care center shall maintain documentation of the
required immunizations or exemptions from immunization, as set forth
in this section, in the person's personnel record that is maintained
by the day care center.
(d) Section 1596.890 does not apply to a violation of this
section.
(e) For purposes of this section, "volunteer" means any
nonemployee who provides care and supervision to children in care.