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: B24-0891
Position: OPPOSE
Action Required: None at this time
Status: Enacted, Law L24-0189 effective from 9/21/2022, expires on 5/4/2023

Legislation Details:

UPDATE: 9/21/2022 - B24-0891 went into effect as Law L24-0189 and will expire on 5/4/2023. 

UPDATE: 8/9/2022 - B24-0891 transmitted to Congress for Congressional Review. The projected law date is 11/10/2022, unless Congress disapproves the DC Council's Act.

UPDATE: 7/27/2022 - B24-0891 was enacted without the Mayor's signature. The next step for the bill is Congressional Review. The bill has not yet been transmitted to Congress. Once it is transmitted, it will go through a 30 day period of review in Congress.  During this period of congressional review, the Congress may enact into law a joint resolution disapproving the Council’s Act (there is currently no joint resolution for this bill). If, during the review period, the President of the United States approves the joint resolution, the Council’s Act is prevented from becoming law.  If, however, upon the expiration of the congressional review period, no joint resolution disapproving the Council’s Act has been approved by the President, the Bill finally becomes a Law and is assigned a law number.  See how a bill becomes law in DC - https://dccouncil.us/bill-becomes-law/

If you live in the District of Columbia, contact DC Rep., Eleanor Holmes Norton and ask her to support a joint resolution disapproving the DC Council's Act: https://norton.house.gov/zip-code-lookup?form=/contact/email-me

If you live outside of DC:

Call and email your two U.S. Senators and ask them to support and cosponsor a joint resolution disapproving the DC Council's Act.

Call and email your U.S. Congressional Representative and ask them to support and cosponsor a joint resolution disapproving the DC Council's Act.

UPDATE: 7/21/2022 - B24-0891 transmitted to the DC Mayor. Her response is due on August 4th, 2022.

UPDATE: 7/12/2022 - B24-0891 passed the DC Council during a Legislative Meeting held on Tuesday, July 12th at 1:00 PM (See July 12th Agenda). 

Contact DC Mayor Muriel Bowser and ask her to veto B24-0891. 

Phone: 202-727-2643

Email: eom@dc.gov

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

B24-0891, the Consent for Vaccinations of Minors Temporary Amendment Act of 2022, was introduced on 6/27/2022 and is sponsored by Council Member Gray.  The bill passed first reading and vote on temporary legislation on 6/28/2022.  See page 14 of the 6/28/2022 agenda

This bill proposes the same thing as B24-0890 that was passed as an emergency measure on 6/28/2022, and B24-0942 which is the regular version of the bill. B24-0891 would go into effect after the 30-day Congressional review and would be in effective for 225 days. You may want to watch Council Member Trayon White Sr.’s eloquent and spot on opposition to this bill.  You can scroll to the 2:21:01 mark at  
http://dc.granicus.com/MediaPlayer.php?view_id=2&clip_id=7542.

B24-0891 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/B24-0891?FromSearchResults=true - text, status and history for B24-0891