Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 221 Tenth Substitute (2016GS)

Sponsor

Rep. Moss, C.

Final action

House/ filed 3/10/2016

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• amends requirements for a student seeking an immunization exemption;
• requires the Department of Health to:
• develop an immunization exemption form;
• develop an education module; and
• make rules;
• requires a local health department to issue an immunization exemption form under certain conditions;
• requires an individual to complete an education module as a condition for receiving an immunization exemption form;
• requires an individual to renew an immunization exemption annually at the individual's school;
• requires a school to maintain a list of students who have not received required immunizations;
• amends provisions related to a conditional enrollment; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

IMMUNIZATION OF STUDENTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Carol Spackman Moss
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to immunization requirements for students.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends requirements for a student seeking an immunization exemption;
▸ requires the Department of Health to:
• develop an immunization exemption form;
• develop an education module; and
• make rules;
▸ requires a local health department to issue an immunization exemption form under
certain conditions;
▸ requires an individual to complete an education module as a condition for receiving
an immunization exemption form;
▸ requires an individual to renew an immunization exemption annually at the
individual's school;
▸ requires a school to maintain a list of students who have not received required
immunizations;
▸ amends provisions related to a conditional enrollment; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
26-1-17.5
, as last amended by Laws of Utah 2008, Chapter 382
53A-11-301
, as last amended by Laws of Utah 1992, Chapter 53
53A-11-302
, as last amended by Laws of Utah 2010, Chapter 395
53A-11-303
, as enacted by Laws of Utah 1988, Chapter 2
53A-11-304
, as enacted by Laws of Utah 1988, Chapter 2
53A-11-306
, as enacted by Laws of Utah 1988, Chapter 2
ENACTS:
53A-11-300.5
, Utah Code Annotated 1953
REPEALS AND REENACTS:
53A-11-302.5
, as enacted by Laws of Utah 1992, Chapter 129
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
26-1-17.5
 is amended to read:
26-1-17.5.
Confidential records.
(1) A record classified as confidential under this title shall remain confidential, and be
released according to the provisions of this title, notwithstanding Section 
63G-2-310
.
(2) In addition to those persons granted access to [
records
] 
a private record
 described in
Subsection 
63G-2-302
(1)(b), immunization records may be shared among schools, school
districts, and local and state health departments and the state Department of Human Services as
necessary to [
assure
] 
ensure
 compliance with [
Section 
53A-11-301
] 
Title 53A, Chapter 11, Part
3, Immunization of Students,
 and to prevent, investigate, and control the causes of epidemic,
infectious, communicable, and other diseases affecting the public health.
Section 2. Section 
53A-11-300.5
 is enacted to read:
 53A-11-300.5.
Definitions.
As used in this part:
(1) "Certificate of immunization" means:
(a) a certification stating that a student received each required immunization, including
the date each immunization was administered, issued by:
(i) a licensed health care provider;
(ii) an authorized representative of a local health department; or
(iii) an authorized representative of the department; or
(b) verification from the department, through a central database, that a student has
received each required immunization, including the date each immunization was administered.
(2) "Department" means the Department of Health, created in Section 
26-1-4
.
(3) "Immunization exemption form" means a form, described in Section 
53A-11-302.5
,
that exempts a student from one or more required immunizations.
(4) "Local Education Agency" or "LEA" means:
(a) a school district;
(b) a charter school; or
(c) the Utah Schools for the Deaf and the Blind.
(5) "Required immunizations" means immunizations against communicable diseases
required by department rule described in Section 
53A-11-303
.
(6) "School" means:
(a) center-based child care, as defined in Section 
26-39-102
;
(b) a public school, as defined in Section 
26-39-102
;
(c) residential child care, as defined in Section 
26-39-102
; or
(d) a private school that:
(i) is not primarily funded at public expense; and
(ii) provides education to students in any grade from kindergarten through grade 12.
(7) "Student" means an individual who attends a school.
Section 3. Section 
53A-11-301
 is amended to read:
53A-11-301.
Certificate of immunization required -- Exceptions-- Weighted Pupil
Unit funding.
(1) 
(a)
 [
Unless exempted for personal, medical, or religious objections as provided in
Section 
53A-11-302
,
] 
Except as provided in Subsection (1)(b),
 a student may not attend a
[
public, private, or parochial kindergarten, elementary, or secondary school through grade 12,
nursery school, licensed day care center, child care facility, family care home, or headstart
program in this state
] 
school
 unless there is presented to the appropriate official of the school a
certificate of immunization [
from a licensed physician or authorized representative of the state
or local health department stating that the student has received immunization against
communicable diseases as required by rules adopted under Section 
53A-11-303
] 
for the
student
.
(b) A student who does not present a certificate of immunization may attend a school if
the student:
(i) is exempt as described in Section 
53A-11-302
;
(ii) qualifies for conditional enrollment under Section 
53A-11-306
; or
(iii) meets:
(A) the definition of a student under Section 
53A-1-1001
; and
(B) the immunization requirements for military children under Section 
53A-1-1001
.
(2) [
school districts
] 
An LEA
 may not receive weighted pupil unit money for a student
unless the student [
has obtained
]
:
(a) presents
 a certificate of immunization [
under this section or qualifies for
conditional enrollment or an exemption from immunization under Section 
53A-11-302
.
]
; or
(b) is allowed to attend school without presenting a certificate of immunization as
described in Subsection (1)(b).
Section 4. Section 
53A-11-302
 is amended to read:
53A-11-302.
Exemption from required immunizations.
[
(1) A student may not enter school without a certificate of immunization, except as
provided in this section.
]
[
(2) Except as provided in Section 
53A-1-1001
, a student who at the time of school
enrollment has not been completely immunized against each specified disease may attend
school under a conditional enrollment if the student has received one dose of each specified
vaccine prior to enrollment.
]
[
(3)
] A student is exempt from receiving [
the required immunizations
] 
required
immunizations
 if there is presented to the appropriate official of the school [
one or more of the
following
]:
[
(a)
] 
(1) for an exemption for a medical reason, at the beginning of each school year
that a student is exempt:
(a)
 a certificate from a licensed [
physician
] 
health care provider
 stating that due to the
physical condition of the student [
one or more specified immunizations
]
, a required
immunization
 would endanger the student's life or health; 
and
(b) a certificate of completion for the online education module described in Section
53A-11-302.5
; or
[
(b) A completed form obtained at the local health department where the student
resides, providing:
]
[
(i) the information required under Subsection 
53A-11-302.5
(1); and
]
[
(ii) a statement that the person has a personal belief opposed to immunizations, which
is signed by one of the individuals listed in Subsection 
53A-11-302
(3)(c) and witnessed by the
local health officer or his designee; or
]
[
(c) a statement that the person is a bona fide member of a specified, recognized
religious organization whose teachings are contrary to immunizations, signed by one of the
following persons:
]
[
(i) one of the student's parents;
]
[
(ii) the student's guardian;
]
[
(iii) a legal age brother or sister of a student who has no parent or guardian; or
]
[
(iv) the student, if of legal age.
]
(2) for an exemption for a personal or religious belief:
(a) for the first year a student intends to receive an exemption, an immunization
exemption form described in Section 
53A-11-302.5
; or
(b) for a year other than the first year that a student receives an exemption, a certificate
of completion for the online education module described in Section 
53A-11-302.5
.
Section 5. Section 
53A-11-302.5
 is repealed and reenacted to read:
 53A-11-302.5.
 Immunization exemption form -- Online education module --
Annual requirement.
(1) The department shall:
(a) develop an immunization exemption form that:
(i) specifies if an exemption is for a personal or religious belief;
(ii) certifies that the individual who signs the form has completed the online education
module described in Subsection (2);
(iii) indicates that a student who has an immunization exemption form is required to
renew the exemption each year at the student's school;
(iv) states the department's position regarding the benefits of immunization;
(v) states requirements for a student who has not received required immunizations, in
the event of an outbreak of a vaccine preventable illness;
(vi) includes a statement claiming exemption from one or more required
immunizations, signed by:
(A) a student's parent or legal guardian;
(B) for a student who does not have a parent or legal guardian, the student's sibling of
legal age; or
(C) for a student 18 years of age or older, the student;
(vii) the name and address of the individual who signs the form;
(viii) the name of the student claiming exemption from one or more required
immunizations; and
(ix) the school the student attends at the time the form is signed; and
(b) provide the immunization exemption form to each local health department to
distribute.
(2) (a) The department shall develop an online education module that includes:
(i) information about vaccine preventable illnesses;
(ii) recommendations to reduce the likelihood of an unvaccinated individual
contracting or transmitting a vaccine preventable illness;
(iii) information, based on the best available science, about vaccine benefits and side
effects;
(iv) interactive questions or activities; and
(v) for an individual who completes the module, a certificate of completion.
(b) In developing the online education module, the department shall consult with
individuals interested in vaccination requirements, including individuals from organizations for
health care professionals.
(3) (a) A local health department shall provide an immunization exemption form to an
individual who:
(i) requests an immunization exemption form for a student;
(ii) is an individual described in Subsection (1)(a)(vi); and
(iii) presents a certificate of completion for the online education module described in
Subsection (2).
(b) A local health department may not issue an immunization exemption form to an
individual who does not present a certificate of completion for the online education module
described in Subsection (2).
(c) An individual who is eligible to sign an immunization exemption form for multiple
students may present a single certificate of completion described in Subsection (2) to receive an
immunization exemption form for each student.
(4) (a) An immunization exemption form accepted by a school is valid for one full
school year.
(b) In a year after the first year that a school accepts an immunization exemption form
for a student, in order to renew the exemption, the student's parent or legal guardian shall:
(i) complete the online education module described in Subsection (2); and
(ii) present the certificate of completion described in Subsection (2) directly to the
student's school.
(c) An LEA may not charge a fee to renew an immunization exemption form.
(d) A student who is exempt from immunization requirements and transfers to or
enrolls in a different school may renew the exemption at the new school, as described in
Subsection (4)(b), if the student's previous school confirms that the student has an exemption
from immunization.
(5) A student who has an immunization exemption for a personal or religious belief for
the 2016-2017 school year or earlier:
(a) is not required to obtain a new immunization exemption form from a local health
department; and
(b) shall renew the exemption each year as described in Subsection (4).
Section 6. Section 
53A-11-303
 is amended to read:
53A-11-303.
Department of Health regulations.
(1) [
The Department of Health
] 
In accordance with Title 63G, Chapter 3, Utah
Administrative Rulemaking Act, the department
 shall [
adopt
] 
make
 rules to establish
:
(a)
 which immunizations are required 
as a condition for attending school;
 and
(b)
 the manner and frequency of [
their
] 
the
 administration 
of required immunizations
.
(2) The rules [
adopted
] 
made under Subsection (1)
 shall
:
(a)
 conform to recognized standard medical practices[
.
]
; and
[
(3) The rules shall
]
(b)
 require [
the reporting of
] 
a school to report
 statistical information and names of
[
noncompliers by the schools
] 
students who are not in compliance with Section 
53A-11-301
 to
the department
.
(3) The department may make rules to implement:
(a) the immunization exemption form described in Section 
53A-11-302.5
;
(b) the online education module described in Section 
53A-11-302.5
; or
(c) the requirements for a conditional enrollment described in Section 
53A-11-306
.
Section 7. Section 
53A-11-304
 is amended to read:
53A-11-304.
Certificate part of student's record -- Forms for certificates --
Recording of immunization record as official certificate -- School record of noncertificate
holders.
(1) [
Each
] 
A
 school shall retain 
an
 official [
certificates
] 
certificate
 of immunization for
[
every
] 
an
 enrolled student[
. The certificate becomes a
] 
that is
 part of the [
individual
] student's
permanent school record [
and follows the student through his or her public or private school
career
].
(2) The [
Department of Health shall provide official certificate of immunization forms
to public and private
] 
department shall create an immunization form and distribute the
immunization form to
 schools, [
physicians
] 
health care providers
, and local health departments.
[
The forms referred to in this subsection shall include a clear statement of the student's rights
under Section 
53A-11-302
.
]
[
(3) Any immunization record provided by a licensed physician, registered nurse, or
public health official may be accepted by a school official as a certificate of immunization if
the type of immunization given and the dates given are specified and the
]
(3) (a) A school shall record the
 information [
is transferred to
] 
on a certificate of
immunization as
 an official certificate of immunization [
and verified by the school district in
which the public or private school is located
].
(b) A school shall verify the information on a certificate of immunization.
(4) (a) At the beginning of each school year, a school shall create a list of students who
do not have an official certificate of immunization, noting if a student on the list is allowed to
attend school without presenting a certificate of immunization, under Section 
53A-11-301
.
(b) A school shall provide the list of students described in Subsection (4)(a) to the
principal or other school director each year.
(c) A name appearing on the list described in Subsection (4)(a) is subject to
confidentiality requirements described in Section 
26-1-17.5
 and Section 
53A-13-301
.
Section 8. Section 
53A-11-306
 is amended to read:
53A-11-306.
Conditional enrollment -- Suspension for noncompliance --
Procedure.
[
(1) Conditional enrollment time periods may be modified by the department by legally
adopted rules.
]
(1) A student who has not received the required immunizations may attend school on a
conditional enrollment:
(a) if the student has received a dose of each required vaccine, but is not due for the
next dose of the vaccine under department rule described in Section 
53A-11-303
; or
(b) for up to 21 calendar days after:
(i) the first day of school for a student who enrolls in a school before October 1; or
(ii) the student enrolls in a school for a student who enrolls on or after October 1.
[
(2) The requirements for conditional enrollment shall apply to each student unless that
student is exempted under Section 
53A-11-302
.
]
(2) (a) After the conditional enrollment period, a school shall prohibit further
attendance of a student who does not comply with Section 
53A-11-301
.
[
(3)
] 
(b)
 After five days 
of a conditional enrollment described in this section, a school
shall mail
 written notice [
of a pending suspension and of the student's rights under Section
53A-11-302
 shall be mailed
] 
that:
(i) the student will be suspended at the end of the conditional enrollment if the student
is not in compliance with Section 
53A-11-301
; and
(ii) describes the process for obtaining the required immunizations or an immunization
exemption form
 to the last-known address of [
a
] 
the student's:
(A)
 parent[
,
]
;
(B) legal
 guardian[
,
]
; or
(C)
 [
or
] legal age [
brother or sister of
] 
sibling for
 a student who [
is without
] 
does not
have a
 parent or 
legal
 guardian[
, the governing authority of any school shall prohibit further
attendance by a student under a conditional enrollment who has failed to obtain the
immunization required within time period set forth in Section 
53A-11-302
 or otherwise
established by rule
].
[
(4)
] 
(3)
 [
Parents
] 
A parent
 or [
guardians
] 
legal guardian
 of [
children who are
] 
a
student who is
 prohibited from attending school for failure to comply with the provisions of
this part shall be referred to the juvenile court.
Section 9. 
Effective date.
This bill takes effect on July 1, 2017.
Legislative Review Note
Office of Legislative Research and General Counsel