Allows minors 15 and older to consent to any FDA approved & ACIP recommended vaccine

State: CA
Bill Number: SB 866
Position: OPPOSE
Action Required: None
Status: Died, placed in the inactive file on 8/31/2022

Legislation Details:

UPDATE: 8/31/2022 - SB 866 died after being placed in the inactive file.  The sponsor Senator Wiener stated, “We have made the difficult decision not to call up SB 866 for a vote on the Assembly floor. While the votes are very close, we are several votes short of 41, and we don’t see a viable path for those final few votes.”

UPDATE: 8/11/2022 - SB 866 is still pending 3rd reading and final vote in the Assembly. It is currently listed as item 65 on the Daily File for 8/11/2022. 

UPDATE: 7/30/2022 - SB 866 is still pending 3rd reading and final vote in the Assembly. It is currently listed as item 35 on the Daily File for 8/1/2022.

UPDATE: 6/20/2022 - SB 866 was not heard by the full Assembly on 6/20/2022 and is still pending 3rd reading.  The next floor session for the Assembly is currently scheduled for Thursday, June 23 at 9:00 AM. 

UPDATE: 6/16/2022 - SB 866 was amended in the Assembly to allow minors 15 and older to consent to any and all vaccines approved by the United States FDA and recommended by the Advisory Committee on Immunization Practices without parental knowledge or consent. See the current version of the bill here: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB866

The vote to approve the amendment was 38 Yes, 22 No and 19 No Votes Recorded.

The bill is currently listed as item 41 on the daily file for Monday, June 20th for 3rd reading and final vote in the Assembly.  See page 110 of the daily file -  https://www.assembly.ca.gov/pdfpublications/dailyfile

Because of this change, NVIC Advocacy has changed the title of the bill from "Allows minors 12 and older to consent to any FDA approved & ACIP recommended vaccine" to"Allows minors 15 and older to consent to any FDA approved & ACIP recommended vaccine."

UPDATE: 6/3/2022 - SB 866 passed 2nd reading and was ordered to 3rd and final reading in the Assembly on 6/2/2022. 

UPDATE: 6/2/2022 - SB 866 passed the Assembly Judiciary Committee by a vote of 6 yes and 4 no with 1 "no vote recorded" on 6/1/2022.  Video of the hearing starts at the 48:00 minute timestamp. https://www.assembly.ca.gov/media/assembly-judiciary-committee-20220601/video 

UPDATE: 5/28/2022 - SB 866 is scheduled for a hearing in the Assembly Judiciary Committee on Wednesday, June 1st, 2022 at 8:30 AM in Room 447 at the State Capitol.  SB 866 is listed as the first bill to be heard on the agenda - https://ajud.assembly.ca.gov/hearings 

UPDATE: 5/19/2022 - SB 866 referred to the Assembly Judiciary Committee.

UPDATE: 5/12/2022 - SB 866 passed the Senate in a 21-8 vote and ordered to the Assembly. There were 21 ayes, 8 noes, and 11 NVR (no votes recorded).  You can watch the discussion and vote on the Senate floor by clicking on the link for May 12th, Senate Floor Session.  SB 866 starts at the 4:45 time mark - https://www.senate.ca.gov/media-archive

UPDATE: 5/9/2022 - SB 866 was read second time in the Senate and ordered to third reading. 

UPDATE: 5/5/2022 -  SB 866 passed the Senate Judiciary Committee in a 7-0 vote, with 4 NVR (no votes recorded). Link to video of the hearing: https://www.senate.ca.gov/media-archive

UPDATE:  4/29/2022 - SB 866 is scheduled for a hearing in the Senate Judiciary Committee on Thursday, May 5th in the 1020 O Street Building in Room 1200. The hearing will begin upon the adjournment of session. Agenda - https://sjud.senate.ca.gov/content/may-5-2022-hearing

 You may call-in to the hearing to give comment at 844-291-6364. The access code for calling-in is 1411140. For more details on how to teleconference, click here.

The deadline to submit a position letter to the committee for this bill is Tuesday, May 3rd at 12:00 PM. Click here to visit the committee page and submit a position letter using the link provided on the committee page. 

See news article expressing concern from California Legislators on SB 866 - https://mynewsla.com/riverside/2022/03/31/assemblyman-senator-express-concerns-over-covid-vaccination-bill/

UPDATE: 2/24/2022 - SB 866 was referred to the Senate Judiciary Committee on 2/23/2022. 

UPDATE: 2/9/2022 - On 2/7/2022 joint rule # 55 was suspended by a vote of 31 yes and 6 no.  Joint rule 55 requires a waiting period of 30 days after a bill is printed before it can be acted on. 

See bottom of page 183 - http://www.leginfo.ca.gov/rules/joint_rules.pdf 

30-Day Waiting Period 55. A bill other than the Budget Bill may not be heard or acted upon by committee or either house until the bill has been in print for 30 days. The date a bill is returned from the printer shall be entered in the Daily History. This rule may be suspended concurrently with the suspension of the requirement of Section 8 of Article IV of the Constitution or, if that period has expired, this rule may be suspended by approval of the Committee on Rules and two-thirds vote of the house in which the bill is being considered.

Also, see news article from last year on suspending the rules - https://californiaglobe.com/articles/california-senate-plans-to-suspend-the-constitution-to-hear-bills-before-30-day-rule/

SB 866 was introduced on 1/20/2022 and referred to the Senate Rules Committee for assignment.  This bill is sponsored by Senators Pan and Wiener and cosponsored by Assembly Members Aguiar-Curry, Friedman, Low, Ting and Akilah Weber.   

This bill would allow minors 12 years old and up to consent to any FDA or ACIP recommended vaccine by enacting the following:

SECTION 1. Section 6931 is added to the Family Code, to read:

6931. (a) A minor 12 years of age or older may consent to a vaccine that is approved by the United States Food and Drug Administration and meets the recommendations of the Advisory Committee on Immunization Practices (ACIP) of the federal Centers for Disease Control and Prevention (ACIP) without the consent of the parent or guardian of the minor.

(b) An authorized vaccine provider may administer a vaccine pursuant to subdivision (a). For purposes of this section, “authorized vaccine provider” means a person licensed pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code or a clinic or health facility licensed pursuant to Division 2 (commencing with Section 1200 of the Health and Safety Code), or any other provider authorized by the state.

(c) This section does not authorize a vaccine provider to provide any service that is otherwise outside the vaccine provider’s scope of practice.

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB866 - text, status and history for SB 866