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