Prohibits parents from accessing vaccination records for any vaccine for which a minor child can consent to on their own

State: CA
Bill Number: SB 1419
Position: OPPOSE
Action Required: NONE
Status: Enacted, signed by Governor on 9/30/2022, effective 1/1/2023

Legislation Details:

UPDATE: 9/30/2022 - SB 1419 signed by the Governor with an effective date of 1/1/2023. 

UPDATE: 9/9/2022 - SB 1419 was enrolled and presented to the Governor at 3:00 PM. 

UPDATE: 8/30/2022 - The Senate concurred with the Assembly amendments to SB 1419 in a 31-9 vote. The bill was ordered to enrolling and engrossing and will be sent to the governor. 

UPDATE: 8/29/2022 - SB 1419 passed the Assembly in a 53-22-5 vote and ordered to the Senate for concurrence with Assembly amendments.

UPDATE: 8/23/2022 - SB 1419 was amended on third reading and then ordered to third reading again. The amended version of the bill specifies that medical records involving minor consent (including a minor's consent to vaccination) may only be withheld from parents when the minor patient had "the mental capacity to provide consent." 

NVIC Advocacy remains opposed to the bill for reasons already stated, and does not take a position on changes to the bill which are unrelated to vaccines.

UPDATE: 8/15/2022 - SB 1419 underwent second reading and ordered to third reading. 

UPDATE: 8/11/2022 - SB 1419 passed the Assembly Appropriations Committee in a 12-4 vote on 8/11/2022. 

UPDATE: 8/6/2022 - SB 1419 is scheduled for a hearing in the Assembly Appropriations Committee on 8/11/2022 after adjournment of the session. 

UPDATE: 8/3/2022 - SB 1419 was placed on the suspense file in the Assembly Appropriations Committee. 

UPDATE:  7/2/2022 - SB 1419 is scheduled for a hearing in the Assembly Appropriations Committee on Wednesday, August 3rd, at 9:00 AM at 1021 O Street in Room 1100. Agenda -

UPDATE: 6/27/2022 - SB 1419 re-referred to the Assembly Appropriations Committee, pursuant to Assembly Rule 96.

UPDATE: 6/17/2022 - SB 1419 was read a 2nd time, amended and referred to the Assembly Judiciary Committee on 6/16/2022.  The amendment does not change NVIC Advocacy's position. 

SB 1419 has passed the full Senate and was referred to the Assembly Health and Judiciary Committees.  The bill was amended and passed the Assembly Health Committee by a vote of 10 yes, 3 no and 2 no vote recorded on 6/14/2022.  

The bill will now go to the Assembly Judiciary Committee. 

NVIC Advocacy is opposed to the section of this bill that prohibits parents from accessing vaccination records for any vaccine for which a minor child can consent to on their own.  

Current law already allows children 12 and older to consent to vaccines for sexually transmitted diseases (HPV, Hepatitis A and B) without parental knowledge or consent. Current law also prohibits parents from accessing their child's records which fall under Section 123110 which covers any minor patient authorized by law to consent to medical treatment.  It is not clear if "medical treatment" would include vaccines in the current law because it is not defined in the code.

SB 1419 as amended in the senate clearly prohibits parents from accessing medical records for sexually transmitted vaccines their child received without their consent by adding the following new section - (3) When records relate to services described in Section 6924, 6925, 6926, 6927, 6928, 6929, or 6930 of the Family Code, or Section 121020 or 124260 of this code, when obtained by a patient at or above the minimum age for consenting to the service specified in the respective section.

Section 6926, listed above, allows minors 12 and older to consent to medical care related to the prevention of a sexually transmitted disease. This section also allows them to consent to HPV and Hepatitis A/B Vaccines without parental consent.  SB 1419 prohibits parents from inspecting or obtaining a copy of their minor child's vaccination record for vaccines they can receive without parental consent for sexually transmitted diseases. 

If SB 1419 and SB 866 - a bill which allows minors to consent to all childhood vaccines - are both passed, the effect would be parents being blocked from knowing that their child was vaccinated with vaccines that they specifically had chosen to not give their child. 

Current law prohibits parents from having access to any of the records of "medical treatment" their child receives without their consent.  If vaccination can be considered "medical treatment" under California Law, then current law already prohibits parents from accessing those records. NVIC Advocacy is opposed to minors being vaccinated without parental consent and parents being denied access to records of these vaccinations. - text, status and history for SB 1419