| Passed by the Senate April 21, 2011 YEAS 34 ________________________________________ President of the Senate Passed by the House March 25, 2011 YEAS 66 ________________________________________ Speaker of the House of Representatives | I, Thomas Hoemann, Secretary of the Senate of the State of Washington, do hereby certify that the attached is ENGROSSED SENATE BILL 5005 as passed by the Senate and the House of Representatives on the dates hereon set forth. ________________________________________ Secretary | |
| Approved ________________________________________ Governor of the State of Washington | Secretary of State State of Washington |
| State of Washington | 62nd Legislature | 2011 Regular Session |
Read first time 01/10/11. Referred to Committee on Health & Long-Term Care.
AN ACT Relating to exemption from immunization; and amending RCW 28A.210.090.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 28A.210.090 and 1991 c 3 s 290 are each amended to
read as follows:
(1) Any child shall be exempt in whole or in part from the
immunization measures required by RCW 28A.210.060 through 28A.210.170
upon the presentation of any one or more of the ((following))
certifications required by this section, on a form prescribed by the
department of health:
(((1))) (a) A written certification signed by ((any physician
licensed to practice medicine pursuant to chapter 18.71 or 18.57 RCW))
a health care practitioner that a particular vaccine required by rule
of the state board of health is, in his or her judgment, not advisable
for the child: PROVIDED, That when it is determined that this
particular vaccine is no longer contraindicated, the child will be
required to have the vaccine;
(((2))) (b) A written certification signed by any parent or legal
guardian of the child or any adult in loco parentis to the child that
the religious beliefs of the signator are contrary to the required
immunization measures; ((and)) or
(((3))) (c) A written certification signed by any parent or legal
guardian of the child or any adult in loco parentis to the child that
the signator has either a philosophical or personal objection to the
immunization of the child.
(2)(a) The form presented on or after the effective date of this
section must include a statement to be signed by a health care
practitioner stating that he or she provided the signator with
information about the benefits and risks of immunization to the child.
The form may be signed by a health care practitioner at any time prior
to the enrollment of the child in a school or licensed day care.
Photocopies of the signed form or a letter from the health care
practitioner referencing the child's name shall be accepted in lieu of
the original form.
(b) A health care practitioner who, in good faith, signs the
statement provided for in (a) of this subsection is immune from civil
liability for providing the signature.
(c) Any parent or legal guardian of the child or any adult in loco
parentis to the child who exempts the child due to religious beliefs
pursuant to subsection (1)(b) of this section is not required to have
the form provided for in (a) of this subsection signed by a health care
practitioner if the parent or legal guardian demonstrates membership in
a religious body or a church in which the religious beliefs or
teachings of the church preclude a health care practitioner from
providing medical treatment to the child.
(3) For purposes of this section, "health care practitioner" means
a physician licensed under chapter 18.71 or 18.57 RCW, a naturopath
licensed under chapter 18.36A RCW, a physician assistant licensed under
chapter 18.71A or 18.57A RCW, or an advanced registered nurse
practitioner licensed under chapter 18.79 RCW.