AMENDED IN SENATE MARCH 9, 2022
SENATE BILL No. 866
Introduced by Senators Wiener and Pan
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Senator Newman)
(Coauthors: Assembly Members Aguiar-Curry, Friedman, Low, Ting, and Akilah Weber)
January 20, 2022
An act to add Section 6931 to the Family Code, relating to minors. legislative counsel’s digest
SB 866, as amended, Wiener. Minors: vaccine consent.
Existing law prescribes various circumstances under which a minor may consent to their medical care and treatment without the consent of a parent or guardian. These circumstances include, among others, authorizing a minor 12 years of age or older who may have come into contact with an infectious, contagious, or communicable disease to consent to medical care related to the diagnosis or treatment of the disease, if the disease or condition is one that is required by la w or regulation to be reported to the local health officer , or is a related sexually transmitted disease, as may be determined by the State Public Health Officer.
This bill would additionally authorize a minor 12 years of age or older to consent to vaccines that meet specified federal agency criteria. The bill w ould authorize a v accine provider, as defined, to administer a vaccine pursuant to the bill, but would not authorize the vaccine provider to provide any service that is otherwise outside the vaccine provider’s scope of practice.
98 Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 6931 is added to the Family Code, to line 2 read:
line 3 6931. (a) A minor 12 years of age or older may consent to a line 4 vaccine that is appro ved by the United States F ood and Drug line 5 Administration and meets the recommendations of the Advisory line 6 Committee on Immunization Practices (A CIP) of the federal line 7 Centers for Disease Control and Pre vention (ACIP) without the line 8 consent of the parent or guardian of the minor.
line 9 (b) An authorized vaccine provider may administer a v accine line 10 pursuant to subdi vision (a). F or purposes of this section, line 11 “authorized vaccine provider” means a person licensed pursuant line 12 to Division 2 (commencing with Section 500) of the Business and line 13 Professions Code or a clinic or health facility licensed pursuant to line 14 Division 2 (commencing with Section 1200 of the Health and line 15 Safety Code), or any other provider authorized by the state. line 16 (c) This section does not authorize a vaccine provider to provide line 17 any a service that is otherwise outside the vaccine provider’s scope line 18 of practice.
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98 — 2 — SB 866