What is the Required Catch-up Vaccine Schedule for the Kids with Revoked Medical Exemptions?
I have been asked this very important question about those families who have no choice but to have their children vaccinated due to the revocation of their child’s medical exemptions due to the disciplinary action of their medical exemption writing physician.
The CDC’s ACIP publishes a catch-up schedule, but California has a more specific conditional admittance schedule which is the binding legal authority for admittance into school based on vaccination.
Because I am a lawyer, I’ll start with the relevant statute, Health & Safety Code section 120375:
“(b) The governing authority of each school or institution included in Section 120335 shall prohibit from further attendance any pupil admitted conditionally who failed to obtain the required immunizations within the time limits allowed in the regulations of the department unless the pupil is exempted under Section 120370 until that pupil has been fully immunized against all of the diseases listed in Section 120335.”
The departmental regulation is attached. Look it over, but the most relevant parts seem to schedule C and D on pages 5 and 6. It is a chart listing the earliest time for the second (or third, fourth, fifth, or zillionth) shot by vaccine, and the date on which if that subsequent shot is not given, the child is excluded from school. The exclusion time is anywhere from 4 weeks after the first shot (e.g. MMR2) and 12 months (Polio). Some vaccines which are given multiple times have very different exclusion dates depending on which shot, (and it seems that the more shots, the longer the exclusion time period for the subsequent shots).
Here is the regulation:
The problem of course is that your child has to start getting all the shots, so you will have to consult with your child’s physician to work out the spacing of the different shots.
Hope this helps answer the basic question. I have now exhausted my knowledge base about this important issue. You should obviously consult with a knowledgeable physician to minimize the risks to your child if this is the path you have to take.
Rick Jaffe, Esq.
12 thoughts on “What is the Required Catch-up Vaccine Schedule for the Kids with Revoked Medical Exemptions?”
Thank you for the post. Very helpful and timely. Struggling to understand how personal belief exemptions are mentioned in this code. Do you have any insight to this?
“ (1) “Unconditional admission” is admission based upon documented receipt of all required immunizations for the pupil’s age or grade, in accordance with section 6025, except for those immunizations:
(A) permanently exempted for medical reasons in accordance with section 6051, or
(B) **exempted for personal beliefs** in accordance with Health and Safety Code section 120335.”
there is no more PBE for vaccines under the current statutorily mandated vaccine schedule. I think the PBE refers to a currently existing requirement for a vaccine to be added to the schedule, but I’m betting that will be removed once the COVID vaccine achieves full approval.
When my grandson was going into the first grade, before he got his ME, my recollection was that the school only required 5 vaccinations, and I think two were polio.
But I seem to rembember someting about all the vaccinations he needed by certain grade levels, 2nd, 3rd, 4th.
your recollection is correct. there are different charts based on the age of the children.
We had a family physician (brilliant) who suffered a stroke soon after getting multiple vaccines. She was an older woman (69) with a very bad back, who was planning to go to Indonesia, and did not want the inconvenience of going for shot after shot. The stroke was severe and she died soon after.
Wondering if some parents would want to consider home school kids for an additional period of time and phasing in the vaccines slowly. Too many vaccines at once, in a vulnerable individual, can challenge the body or the immune system.
Nancy- phasing in doesn’t solve the “we don’t know what happens” after it’s in your body. You can’t take it out! Damage is done. Choice is what we need in this State and country
choice was lost for kids after SB 277 and after all the litigation challenging the law was dismissed and appeals rejected.
Mr Jaffe thank you for this. Curious, what “other path” can we take? You mentioned above, if this is the path you have to take. What other path do we have? Back to isolation at home on this zoom garbage , move or give our kids the shots and pray?
This is no choice. I would think we could urge the courts to reconsider or the governor an adjustment as they are putting our kids right back at risk for depression and worse which I won’t mention.
Rick – give us it to us straight. What paths/choices do we have??
– catchup shots and hope nothing happens
– home school again permanently
– move out of state
Am I missing anything??
How about injunction on law since the pandemic changed lives forever and this medieval Pan law was done before all this??
I’m sure a judge would listen and or the Governor before he’s recalled.
the three you mentioned are about it.
very very small changed it might get pushed back with enough concerted effort. I don’t see a big constitutional challenge working as those big federal and state constitutional, educational rights arguments have already been made in all the SB 277 litigation. In case you haven’t noticed the media and establishment are against the vaccine hesitant. Hail mary will be done in August perhaps, mass action, swarm. More as things get clearer and as some of the final pieces and processes come into play. But chances are you hit all three most likely options.
What about children that have an IEP are they still exempt from mandated vaccination? And also if the child was given a medical exemption back in 2018 by Kenneth Stroller are those medical exemptions still good? Or will that all change now as the new school year approaches?
What is the/this Hail Mary in August??
Wow. Sad for all these/us parents and most importantly the kids.
Also just saw the UC and Cal star making mandatory also?? You can’t tell me there won’t be lawsuits galore from religious groups, parents for their kids to attend and be forced here also?? What is happening to this state!!!!