Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 309 (2017GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• defines terms;
• amends the Utah Health Code regarding vaccinations and records of student vaccinations;
• subject to certain exceptions, continues the requirement that a student receive certain vaccinations in order to attend school;
• requires the renewal of a student's vaccination exemption before the student begins grade 7;
• continues the practice of preventing a local education agency from receiving weighted pupil unit money for a student who does not comply with vaccination requirements;
• amends rulemaking authority of the Department of Health;
• addresses policies and procedures relating to vaccinations, recordkeeping, and disease outbreaks;
• continues the practice of allowing local health departments to vaccinate students and recover costs; and
• makes technical changes.

Every vote on this bill

Bill text

This document includes House Committee Amendments incorporated into the bill on Fri, Feb 17, 2017 at 1:52 PM by jeyring.
This document includes House Floor Amendments incorporated into the bill on Tue, Feb 28, 2017 at 3:40 PM by ryoung.
PUBLIC HEALTH IN SCHOOLS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: 
 Margaret Dayton
LONG TITLE
General Description:
This bill amends the vaccination requirements for school attendance.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends the Utah Health Code regarding vaccinations and records of student
vaccinations;
▸ subject to certain exceptions, continues the requirement that a student receive
certain vaccinations in order to attend school;
▸ requires the renewal of a student's vaccination exemption before the student begins
grade 7;
▸ continues the practice of preventing a local education agency from receiving
weighted pupil unit money for a student who does not comply with vaccination
requirements;
▸ amends rulemaking authority of the Department of Health;
▸ addresses policies and procedures relating to vaccinations, recordkeeping, and
disease outbreaks;
▸ continues the practice of allowing local health departments to vaccinate students
and recover costs; and
▸ makes technical 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
26-10-9
, as enacted by Laws of Utah 2011, Chapter 147
26-39-402
, as renumbered and amended by Laws of Utah 2008, Chapter 111
ENACTS:
53A-11-300.5
, Utah Code Annotated 1953
53A-11-307
, Utah Code Annotated 1953
REPEALS AND REENACTS:
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-11-302.5
, as enacted by Laws of Utah 1992, Chapter 129
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-11-305
, as last amended by Laws of Utah 1988, Chapter 202
53A-11-306
, as enacted by Laws of Utah 1988, Chapter 2
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
may share an immunization record as defined in Section 
53A-11-300.5
 or any other record
relating to a vaccination or immunization
 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 
26-10-9
 is amended to read:
26-10-9.
Vaccinations -- Consent of minor to treatment.
(1) This section:
(a) is not intended to interfere with the integrity of the family or to minimize the rights
of parents or children; and
(b) applies to a minor, who at the time care is sought is:
(i) married or has been married;
(ii) emancipated as provided for in Section 
78A-6-805
;
(iii) a parent with custody of a minor child; or
(iv) pregnant.
(2) (a) A minor described in Subsections (1)(b)(i) and (ii) may consent to:
(i) [
immunizations
] 
vaccinations
 against epidemic infections and communicable
diseases as defined in Section 
26-6-2
; and
(ii) examinations and [
immunizations
] 
vaccinations
 required to attend school as
provided in Title 53A, Chapter 11, Students in Public Schools.
(b) A minor described in Subsections (1)(b)(iii) and (iv) may consent to the
[
immunizations
] 
vaccinations
 described in Subsections (2)(a)(i) and (ii), and the vaccine for
human papillomavirus only if:
(i) the minor represents to the health care provider that the minor is an abandoned
minor as defined in Section 
76-5-109
; and
(ii) the health care provider makes a notation in the minor's chart that the minor
represented to the health care provider that the minor is an abandoned minor under Section
76-5-109
.
(c) Nothing in Subsection (2)(a) or (b) requires a health care provider to immunize a
minor.
(3) The consent of the minor pursuant to this section:
(a) is not subject to later disaffirmance because of the minority of the person receiving
the medical services;
(b) is not voidable because of minority at the time the medical services were provided;
(c) has the same legal effect upon the minor and the same legal obligations with regard
to the giving of consent as consent given by a person of full age and capacity; and
(d) does not require the consent of any other person or persons to authorize the medical
services described in Subsections (2)(a) and (b).
(4) A health care provider who provides medical services to a minor in accordance
with the provisions of this section is not subject to civil or criminal liability for providing the
services described in Subsections (2)(a) and (b) without obtaining the consent of another
person prior to rendering the medical services.
(5) This section does not remove the requirement for parental consent or notice when
required by Section 
76-7-304
 or 
76-7-304.5
.
(6) The parents, parent, or legal guardian of a minor who receives medical services
pursuant to Subsections (2)(a) and (b) are not liable for the payment for those services unless
the parents, parent, or legal guardian consented to the medical services.
Section 3. Section 
26-39-402
 is amended to read:
26-39-402.
Residential child care certificate.
(1) [
(a)
] A residential child care provider of five to eight qualifying children shall
obtain a Residential Child Care Certificate from the department, unless Section 
26-39-403
applies.
[
(b)
] 
(2)
 The minimum qualifications for a Residential Child Care Certificate are:
[
(i)
] 
(a)
 the submission of:
[
(A)
] 
(i)
 an application in the form prescribed by the department;
[
(B)
] 
(ii)
 a certification and criminal background fee established in accordance with
Section 
26-1-6
; and
[
(C)
] 
(iii)
 in accordance with Section 
26-39-404
, identifying information for each adult
person and each juvenile age 12 through 17 years of age who resides in the provider's home:
[
(I)
] 
(A)
 for processing by the Department of Public Safety to determine whether any
such person has been convicted of a crime;
[
(II)
] 
(B)
 to screen for a substantiated finding of child abuse or neglect by a juvenile
court; and
[
(III)
] 
(C)
 to discover whether the person is listed in the Licensing Information System
described in Section 
62A-4a-1006
;
[
(ii)
] 
(b)
 an initial and annual inspection of the provider's home within 90 days of
sending an intent to inspect notice to:
[
(A)
] 
(i)
 check the immunization record
, as defined in Section 
53A-11-300.5
,
 of each
qualifying child who receives child care in the provider's home;
[
(B)
] 
(ii)
 identify serious sanitation, fire, and health hazards to qualifying children; and
[
(C)
] 
(iii)
 make appropriate recommendations; and
[
(iii)
] 
(c)
 annual training consisting of 10 hours of department-approved training as
specified by the department by administrative rule, including a current department-approved
CPR and first aid course.
[
(c)
] 
(3)
 If a serious sanitation, fire, or health hazard has been found during an
inspection conducted pursuant to Subsection [
(1)(b)(ii)
] 
(2)(b)
, the department shall require
corrective action for the serious hazards found and make an unannounced follow up inspection
to determine compliance.
[
(d)
] 
(4)
 In addition to an inspection conducted pursuant to Subsection [
(1)(b)(ii)
]
(2)(b)
, the department may inspect the home of a residential care provider of five to eight
qualifying children in response to a complaint of:
[
(i)
] 
(a)
 child abuse or neglect;
[
(ii)
] 
(b)
 serious health hazards in or around the provider's home; or
[
(iii)
] 
(c)
 providing residential child care without the appropriate certificate or license.
[
(2)
] 
(5)
 Notwithstanding this section:
(a) a license under Section 
26-39-401
 is required of a residential child care provider
who cares for nine or more qualifying children;
(b) a certified residential child care provider may not provide care to more than two
qualifying children under the age of two; and
(c) an inspection may be required of a residential child care provider in connection
with a federal child care program.
[
(3)
] 
(6)
 With respect to residential child care, the department may only make and
enforce rules necessary to implement this section.
Section 4. Section 
53A-11-300.5
 is enacted to read:
 53A-11-300.5.
Definitions.
As used in this part:
(1) "Department" means the Department of Health, created in Section 
26-1-4
.
(2) "Health official" means an individual designated by a local health department from
within the local health department to consult and counsel parents and licensed health care
providers, in accordance with Subsection 
53A-11-302.5
(2)(a).
(3) "Health official designee" means a licensed health care provider designated by a
local health department, in accordance with Subsection 
53A-11-302.5
(2)(b), to consult with
parents, licensed health care professionals, and school officials.
(4) "Immunization" or "immunize" means a process through which an individual
develops an immunity to a disease, through vaccination or natural exposure to the disease.
(5) "Immunization record" means a record relating to a student that includes:
(a) information regarding each required vaccination that the student has received,
including the date each vaccine was administered, verified by:
(i) a licensed health care provider;
(ii) an authorized representative of a local health department;
(iii) an authorized representative of the department;
(iv) a registered nurse; or
(v) a pharmacist;
(b) information regarding each disease against which the student has been immunized
by previously contracting the disease; and
(c) an exemption form identifying each required vaccination from which the student is
exempt, including all required supporting documentation described in Section 
53A-11-302
.
(6) "Legally responsible individual" means:
(a) a student's parent;
(b) the student's legal guardian;
(c) an adult brother or sister of a student who has no legal guardian; or
(d) the student, if the student:
(i) is an adult; or
(ii) is a minor who may consent to treatment under Section 
26-10-9
.
(7) "Licensed health care provider" means a health care provider who is licensed under
Title 58, Occupations and Professions, as:
(a) a medical doctor;
(b) an osteopathic doctor;
(c) a physician assistant; or
(d) an advanced practice registered nurse.
(8) "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.
(9) "Local health department" means the same as that term is defined in Section
26A-1-102
.
(10) "Required vaccines" means vaccines required by department rule described in
Section 
53A-11-303
.
(11) "School" means any public or private:
(a) elementary or secondary school
Ĥ→ 
through grade 12
 ←Ĥ
;
(b) preschool;
(c) child care
Ĥ→ [
center or
] ←Ĥ
program
Ĥ→ 
, as that term is defined in Section 26-
198a 
39-102
 ←Ĥ
;
(d) nursery school; or
(e)
Ĥ→ [
business that receives compensation for supervising or educating a child
]
200a 
kindergarten
 ←Ĥ
.
(12) "Student" means an individual who attends a school.
(13) "Vaccinating" or "vaccination" means the administration of a vaccine.
(14) "Vaccination exemption form" means a form, described in Section 
53A-11-302.5
,
that documents and verifies that a student is exempt from the requirement to receive one or
more required vaccines.
(15) "Vaccine" means the substance licensed for use by the United States Food and
Drug Administration that is injected into or otherwise administered to an individual to
immunize the individual against a communicable disease.
Section 5. Section 
53A-11-301
 is repealed and reenacted to read:
 53A-11-301.
Immunization required -- Exception -- Weighted pupil unit funding.
(1) A student may not attend a school unless:
(a) the school receives an immunization record from the legally responsible individual
of the student, the student's former school, or a statewide registry that shows:
(i) that the student has received each vaccination required by the department under
Section 
53A-11-303
; or
(ii) for any required vaccination that the student has not received, that the student:
(A) has immunity against the disease for which the vaccination is required, because the
student previously contracted the disease as documented by a health care provider, as that term
is defined in Section 
78B-3-103
; or
(B) is exempt from receiving the vaccination under Section 
53A-11-302
;
(b) the student qualifies for conditional enrollment under Section 
53A-11-306
; or
(c) the student:
(i) is a student, as defined in Section 
53A-1-1001
; and
(ii) complies with the immunization requirements for military children under Section
53A-1-1001
.
(2) An LEA may not receive weighted pupil unit money for a student who is not
permitted to attend school under Subsection (1).
Section 6. Section 
53A-11-302
 is repealed and reenacted to read:
 53A-11-302.
Grounds for exemption from required vaccines -- Renewal.
(1) A student is exempt from the requirement to receive a vaccine required under
Section 
53A-11-303
 if the student qualifies for a medical or personal exemption from the
vaccination under Subsection (2) or (3).
(2) A student qualifies for a medical exemption from a vaccination required under
Section 
53A-11-303
 if the student's legally responsible individual provides to the student's
school:
(a) a completed vaccination exemption form; and
(b) a written notice signed by a licensed health care provider stating that, due to the
physical condition of the student, administration of the vaccine would endanger the student's
life or health.
(3) A student qualifies for a personal exemption from a vaccination required under
Section 
53A-11-303
 if the student's legally responsible individual provides to the student's
school a completed vaccination exemption form, stating that the student is exempt from the
vaccination because of a personal or religious belief.
(4) (a) A vaccination exemption form submitted under this section is valid for as long
as the student remains at the school to which the form first is presented.
(b) If the student changes schools before the student is old enough to enroll in
kindergarten, the vaccination exemption form accepted as valid at the student's previous school
is valid until the earlier of the day on which:
(i) the student enrolls in kindergarten; or
(ii) the student turns six years old.
(c) If the student changes schools after the student is old enough to enroll in
kindergarten but before the student is eligible to enroll in grade 7, the vaccination exemption
form accepted as valid at the student's previous school is valid until the earlier of the day on
which:
(i) the student enrolls in grade 7; or
(ii) the student turns 12 years old.
(d) If the student changes schools after the student is old enough to enroll in grade 7,
the vaccination exemption form accepted as valid at the student's previous school is valid until
the student completes grade 12.
Section 7. Section 
53A-11-302.5
 is repealed and reenacted to read:
 53A-11-302.5.
Vaccination exemption form.
(1) The department shall:
(a) develop a vaccination exemption form that includes only the following information:
(i) identifying information regarding:
(A) the student to whom an exemption applies; and
(B) the legally responsible individual who claims the exemption for the student and
signs the vaccination exemption form;
(ii) an indication regarding the vaccines to which the exemption relates;
(iii) a statement that the claimed exemption is for:
(A) a medical reason; or
(B) a personal or religious belief; and
(iv) an explanation of the requirements, in the event of an outbreak of a disease for
which a required vaccine exists, for a student who:
(A) has not received the required vaccine; and
(B) is not otherwise immune from the disease;
(b) provide the vaccination exemption form created in this Subsection (1) to local
health departments; and
(c) make the vaccination exemption form created in this Subsection (1) available to the
public upon request.
(2) (a) Each local health department shall designate one or more individuals from
within the local health department as a health official to consult, regarding the requirements of
this part, with:
(i) parents, upon the request of parents;
(ii) school principals and administrators; and
(iii) licensed health care providers.
(b) A local health department may designate a licensed health care provider as a health
official designee to provide the services described in Subsection (2)(a).
Section 8. Section 
53A-11-303
 is repealed and reenacted to read:
 53A-11-303.
Regulations of department.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
department shall make rules regarding:
(a) which vaccines are required as a condition of attending school;
(b) the manner and frequency of the vaccinations; and
(c) the vaccination exemption form described in Section 
53A-11-302.5
.
(2) The department shall ensure that the rules described in Subsection (1):
(a) conform to recognized standard medical practices; and
(b) require schools to report to the department statistical information and names of
students who are not in compliance with Section 
53A-11-301
.
Section 9. Section 
53A-11-304
 is repealed and reenacted to read:
 53A-11-304.
Immunization record part of student's record -- School review
process at enrollment -- Transfer.
(1) Each school:
(a) shall request an immunization record for each student at the time the student enrolls
in the school;
(b) may not charge a fee related to receiving or reviewing an immunization record or a
vaccination exemption form; and
(c) shall retain an immunization record for each enrolled student as part of the student's
permanent school record.
(2) (a) Within five business days after the day on which a student enrolls in a school,
an individual designated by the school principal or administrator shall:
(i) determine whether the school has received an immunization record for the student;
(ii) review the student's immunization record to determine whether the record complies
with Subsection 
53A-11-301
(1); and
(iii) identify any deficiencies in the student's immunization record.
(b) If the school has not received a student's immunization record or there are
deficiencies in the immunization record, the school shall:
(i) place the student on conditional enrollment, in accordance with Section
53A-11-306
; and
(ii) within five days after the day on which the school places the student on conditional
enrollment, provide the written notice described in Subsection 
53A-11-306
(2).
(3) A school from which a student transfers shall provide the student's immunization
record to the student's new school upon request of the student's legally responsible individual.
Section 10. Section 
53A-11-305
 is repealed and reenacted to read:
 53A-11-305.
Immunization by local health departments -- Fees.
(1) (a) If a student has not been immunized against a disease specified by the
department, the local health department may vaccinate the student upon the request of the
student's legally responsible individual.
(b) The local health department may charge a fee to cover the cost of the vaccine and
administration of the vaccine described in Subsection (1)(a).
(2) (a) The department shall provide to each local health department the vaccines
necessary for vaccinations required under Sections 
53A-11-301
 and 
53A-11-303
.
(b) The department may recover all or part of the cost of vaccines purchased with state
funds by charging local health departments a fee for those vaccines.
(c) A local health department may not refuse to vaccinate a student who resides in the
jurisdiction of the local health department because of the inability of the student or another
legally responsible individual party to pay for the vaccine or the administration of the vaccine.
(3) In accordance with Section 
63J-1-504
, the department shall establish fees for the
vaccines and for the administration of vaccines described in this section.
Section 11. Section 
53A-11-306
 is repealed and reenacted to read:
 53A-11-306.
Conditional enrollment -- Suspension for noncompliance --
Procedure.
(1) A student for whom a school has not received a complete immunization record may
attend the school on a conditional enrollment:
(a) during the period in which the student's immunization record is under review by the
school; or
(b) for 21 calendar days after the day on which the school provides the notice described
in Subsection (2).
(2) (a) Within five days after the day on which a school places a student on conditional
enrollment, the school shall provide written notice to the student's legally responsible
individual, in person or by mail, that:
(i) the school has placed the student on conditional enrollment for failure to
comply with the requirements of Subsection 
53A-11-301
(1);
(ii) describes the identified deficiencies in the student's immunization record or states
that the school has not received an immunization record for the student;
(iii) gives notice that the student will not be allowed to attend school unless the legally
responsible individual cures the deficiencies, or provides an immunization record that complies
with Subsection 
53A-11-301
(1), within the conditional enrollment period described in
Subsection (1)(b); and
(iv) describes the process for obtaining a required vaccination.
(b) A school shall remove the conditional enrollment status from a student after the
school receives an immunization record for the student that complies with Subsection
53A-11-301
(1).
(c) Except as provided in Subsection (2)(d), at the end of the conditional enrollment
period, a school shall prohibit a student who does not comply with Subsection 
53A-11-301
(1)
from attending the school until the student complies with Subsection 
53A-11-301
(1).
(d) A school principal or administrator:
(i) shall grant an additional extension of the conditional enrollment period, if the
extension is necessary to complete all required vaccination dosages, for a time period medically
recommended to complete all required vaccination dosages; and
(ii) may grant an additional extension of the conditional enrollment period in cases of
extenuating circumstances, if the school principal or administrator and a school nurse, a health
official, or a health official designee agree that an additional extension will likely lead to
compliance with Subsection 
53A-11-301
(1) during the additional extension period.
Section 12. Section 
53A-11-307
 is enacted to read:
 53A-11-307.
School record of students' immunization status -- Confidentiality.
(1) Each school shall maintain a current list of all enrolled students, noting each
student:
(a) for whom the school has received a valid and complete immunization record;
(b) who is exempt from receiving a required vaccine; and
(c) who is allowed to attend school under Section 
53A-11-306
.
(2) Each school shall ensure that the list described in Subsection (1) specifically
identifies each disease against which a student is not immunized.
(3) Upon the request of an official from a local health department in the case of a
disease outbreak, a school principal or administrator shall:
(a) notify the legally responsible individual of any student who is not immune to the
outbreak disease, providing information regarding steps the legally responsible individual may
take to protect students;
(b) identify each student who is not immune to the outbreak disease; and
(c) for a period determined by the local health department not to exceed the duration of
the disease outbreak, do one of the following at the discretion of the school principal or
administrator
Ĥ→ 
after obtaining approval from the local health department
 ←Ĥ
:
(i) provide a separate educational environment for the students described in Subsection
(3)(b) that ensures
Ĥ→ 
their
 ←Ĥ
protection
Ĥ→ 
as well as the protection
 ←Ĥ
of the remainder
393a 
of the student body; or
(ii) prevent each student described in Subsection (3)(b) from attending school.
(4) A name appearing on the list described in Subsection (1) is subject to
confidentiality requirements described in Section 
26-1-17.5
 and Section 
53A-13-301
.
Section 13. 
Effective date.
This bill takes effect on July 1, 2018.
Legislative Review Note
Office of Legislative Research and General Counsel