Bill Summary – FastDemocracy

ENROLLED ORIGINAL

                                           AN ACT

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          IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

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To allow emancipated minors, minors who are or previously have been married, unaccompanied

       homeless minors, minors who are or have been pregnant, or minors who are separated

       from their parent or legal guardian without the support of their parent or legal guardian to

       consent to receive a vaccine recommended by the United States Advisory Committee on

       Immunization Practices, and vaccine providers to accept consent from other minors when

       the provider has made at least a reasonable attempt to obtain consent from the minors

       parent or legal guardian; and to make other conforming changes.

       BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this

act may be cited as the Consent for Vaccinations of Minors Amendment Act of 2022.

        Sec. 2. Minor consent to vaccination.

        (a) 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 parent or legal guardian for whatever reason and is not supported by their

parent or guardian may consent to receive a vaccine recommended by the United States Advisory

Committee on Immunization Practices (ACIP), and where receipt of the vaccine is in

accordance with ACIPs recommended immunization schedule.

        (b)(1) A vaccine provider may accept the consent of a minor not otherwise listed in

subsection (a) of this section to receive a vaccine recommended by ACIP in accordance with

ACIPs recommended immunization schedule; provided, that the vaccine provider reasonably

attempts to obtain consent from the minors 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.

                (2) Nothing in this section prohibits a minor from seeking a court order to

authorize receipt of a vaccine by the minor due to the parents or legal guardians objection.

                (3) This subsection does not require administration of a vaccine if receipt of the

vaccine by the minor is medically contraindicated.

        (c) For purposes of this section, the term vaccine provider means an entity or person

authorized to administer the vaccine being sought.

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      (d) Nothing in this section shall be construed or applied to require or excuse

noncompliance with any provision of any federal law.

        Sec. 3. Conforming amendments.

        (a) Subsection 600.9 of Title 22-B of the District of Columbia Municipal Regulations

(22-B DCMR  600.9) is repealed.

        (b) 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)), is amended 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

or advanced practice nurse who has examined the student during the 12-month period

immediately preceding the 1st day of the school year or the date of the students enrollment in

the school, whichever occurs later. The examination shall cover all items required by the

certificate of health form for the students particular age group..

       Sec. 4. Fiscal impact statement.

       The Council adopts the fiscal impact statement in the committee report as the fiscal

impact statement required by section 4a of the General Legislative Procedures Act of 1975,

approved October 16, 2006 (120 Stat. 2038; D.C. Official Code  1-301.47a).

       Sec. 5. Effective date.

       This act shall take effect following approval by the Mayor (or in the event of veto by the

Mayor, action by the Council to override the veto), a 30-day period of congressional review as

provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December

24, 1973 (87 Stat. 813; D.C. Official Code  1-206.02(c)(1)), and publication in the District of

Columbia Register.

               ______________________________

               Chairman

               Council of the District of Columbia

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Mayor

District of Columbia

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