H-3778.1

HOUSE BILL 2626

ByRepresentatives Eslick, Dent, McCaslin, Kraft, Sutherland, Shea, Jenkin, Young, Caldier, and Kretz

AN ACT Relating to providing a limited informed consent exemption to state vaccination requirements; amending RCW 28A.210.080 and 43.216.690; adding a new chapter to Title 70 RCW; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

(a) The vaccine has been licensed for use by the United States food and drug administration;

(b) The vaccine product has been evaluated for its long-term potential to cause cancer, impair fertility, mutate genes, or cause autoimmune, neurological, or any other chronic or serious adverse effects;

(c) The pivotal clinical trial relied upon by the United States food and drug administration for approval of the vaccine product has been evaluated for its safety:

(i) For no less than three years after the vaccine product is administered; and

(ii) Against a control group that received:

(A) A true placebo; or

(B) Another vaccine product approved by the United States food and drug administration based on a pivotal clinical trial that has evaluated the safety of that vaccine product against a control group that received a true placebo;

(d) Studies have been conducted to determine what injuries and health conditions are caused by the vaccine product when administered alone as well as with other state-mandated vaccines;

(e) The risk of permanent disability and death from the vaccine product has been proven to be less than that caused by the disease it is intended to prevent;

(f) The infection targeted by the vaccine product is readily transmissible person-to-person in a public setting; and

(g) The vaccine product has been proven to prevent person-to-person transmission of the target infection.

(2) The exemption in subsection (1) of this section may be known as the "informed consent exemption" and may be exercised by any person on behalf of himself or herself or his or her dependent or dependent child without any precondition or other requirement.

(3) For purposes of this section, "true placebo" means an inert substance such as saline, with no pharmacological or immunological action.

Sec. 2. RCW 28A.210.080 and 2007 c 276 s 1 are each amended to read as follows:

(1) ((The))Except as provided in section 1 of this act, the attendance of every child at every public and private school in the state and licensed day care center shall be conditioned upon the presentation before or on each child's first day of attendance at a particular school or center, of proof of either (a) full immunization, (b) the initiation of and compliance with a schedule of immunization, as required by rules of the state board of health, or (c) a certificate of exemption as provided for in RCW 28A.210.090. The attendance at the school or the day care center during any subsequent school year of a child who has initiated a schedule of immunization shall be conditioned upon the presentation of proof of compliance with the schedule on the child's first day of attendance during the subsequent school year. Once proof of full immunization or proof of completion of an approved schedule has been presented, no further proof shall be required as a condition to attendance at the particular school or center.

(2)(a) Beginning with sixth grade entry, every public and private school in the state shall provide parents and guardians with information about meningococcal disease and its vaccine at the beginning of every school year. The information about meningococcal disease shall include:

(i) Its causes and symptoms, how meningococcal disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and

(ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for meningococcal disease and where the vaccination can be received.

(b) This subsection shall not be construed to require the department of health or the school to provide meningococcal vaccination to students.

(c) The department of health shall prepare the informational materials and shall consult with the office of superintendent of public instruction.

(d) This subsection does not create a private right of action.

(3)(a) Beginning with sixth grade entry, every public school in the state shall provide parents and guardians with information about human papillomavirus disease and its vaccine at the beginning of every school year. The information about human papillomavirus disease shall include:

(i) Its causes and symptoms, how human papillomavirus disease is spread, and the places where parents and guardians may obtain additional information and vaccinations for their children; and

(ii) Current recommendations from the United States centers for disease control and prevention regarding the receipt of vaccines for human papillomavirus disease and where the vaccination can be received.

(b) This subsection shall not be construed to require the department of health or the school to provide human papillomavirus vaccination to students.

(c) The department of health shall prepare the informational materials and shall consult with the office of the superintendent of public instruction.

(d) This subsection does not create a private right of action.

(4) Private schools are required by state law to notify parents that information on the human papillomavirus disease prepared by the department of health is available.

Sec. 3. RCW 43.216.690 and 2019 c 362 s 3 are each amended to read as follows:

(1) Except as provided in section 1 of this act and subsection (2) of this section, a child day care center licensed under this chapter may not allow on the premises an employee or volunteer, who has not provided the child day care center with:

(a) Immunization records indicating that he or she has received the measles, mumps, and rubella vaccine; or

(b) Proof of immunity from measles through documentation of laboratory evidence of antibody titer or a health care provider's attestation of the person's history of measles sufficient to provide immunity against measles.

(2)(a) The child day care center may allow a person to be employed or volunteer on the premises for up to thirty calendar days if he or she signs a written attestation that he or she has received the measles, mumps, and rubella vaccine or is immune from measles, but requires additional time to obtain and provide the records required in subsection (1)(a) or (b) of this section.

(b) The child day care center may allow a person to be employed or volunteer on the premises if the person provides the child day care center with a written certification signed by a health care practitioner, as defined in RCW 28A.210.090, that the measles, mumps, and rubella vaccine is, in the practitioner's judgment, not advisable for the person. This subsection (2)(b) does not apply if it is determined that the measles, mumps, and rubella vaccine is no longer contraindicated.

(3) The child day care center shall maintain the documents required in subsection (1) or (2) of this section in the person's personnel record maintained by the child day care center.

(4) For purposes of this section, "volunteer" means a nonemployee who provides care and supervision to children at the child day care center.

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