Allows certain minors to consent to vaccines without parental consent, allows providers to vaccinate minors after attempt to obtain parental consent

State: DC
Bill Number: B24-0890
Position: OPPOSE
Action Required: None
Status: Enacted, went into effect without Mayor's signature, expires 10/23/2022

Legislation Details:

UPDATE: 7/25/2022 - B24-0890 went into effect without the DC Mayor's signature on 7/25/2022. The bill's provisions will expire on 10/23/2022.

UPDATE: 7/11/2022 - B24-0890 transmitted to the DC Mayor. Her response is due on 7/25/2022. 

Contact DC Mayor Muriel Bowser and ask her to veto B24-0890. 

Phone: 202-727-2643

Email: eom@dc.gov

Click here to access the online "Ask the Mayor" submission form.

B24-0890, Consent for Vaccinations of Minors Emergency Amendment Act of 2022, was introduced on 6/27/2022 and is sponsored by Council Member Gray. The bill was put on the 6/28/2022 meeting agenda as an emergency measure and passed.  The vote was 12 yes and 1 no with Council Member Trayon White, Sr. the one no vote.  You can watch his comments at the 2:21:10 timestamp.  The discussion begins at the 2:10:40 timestamp and also at the very end on the archived video here  - http://dc.granicus.com/MediaPlayer.php?view_id=2&clip_id=7542

See the emergency declaration here - https://lims.dccouncil.us/Legislation/PR24-0841 

 

This bill proposes the same thing as B24-0891, which is "temporary" legislation, and B24-0942, which is regular legislation. This bill is "emergency" legislation, and which may be in effect for no longer than 90 days, and does not require congressional approval,

B24-0890 repeals a law that went into effect in 2021 (Passed as bill B23-0171) which allowed minors 12 and older to consent to any ACIP recommended vaccine without parental consent or knowledge and requires schools, providers and insurance companies to conceal this information from parents (Subsection 600.9 of Title 22-B of the District of Columbia Municipal Regulations 51 (22-B DCMR § 600.9)). This law was challenged in court and in March 2022 the court issued a preliminary injunction prohibiting the law from taking effect.

This new bill allows an emancipated minor, a minor who is married or previously has been married, an unaccompanied homeless minor, a minor who is or has been pregnant, or a minor who is separated from their parents or legal guardian for whatever reason and is not supported by their parents or guardian, to consent to receive a vaccine recommended by the United States Advisory Committee on Immunization Practices (“ACIP”), and receipt of the vaccine is in accordance with ACIP’s recommended immunization schedule. 

This bill also dangerously allows a vaccine provider to vaccinate a minor if the vaccine provider reasonably attempts to obtain consent from the minor’s parent or legal guardian either in person, in writing, or by telephone, and there is no objection from the parent or legal guardian. Consent of the parent or legal guardian may be assumed if the vaccine provider cannot notify the parent or legal guardian after at least a reasonable attempt to notify has been made. 

This bill applies to any child in DC, and does not require the child to reside in DC, so visiting families will have children at risk of being vaccinated without parental consent if these bills pass.

This bill also amends Section 3(a) of the Student Health Care Act of 1985, effective December 2, 1985  (D.C. Law 6-66; D.C. Official Code § 38-602(a)) to read as follows: 

“(a) Except as provided in section 4, each student attending prekindergarten through grade 12 in a public, public charter, private, or independent school in the District of Columbia shall furnish the school annually with a certificate of health completed and signed by a physician. 

The original language does not include the words "except as provided in section 4." Section 4 stipulates that attendance will not be affected, but there is a fine not to exceed $100 per school year.


https://lims.dccouncil.us/Legislation/B24-0890?FromSearchResults=true - text, status and history for B 24-0890