Creation Science Evangelism

Vaccinations part5

NORTH DAKOTA

North Dakota Immunization Requirements

(Updated January 1994)

Authority: Health and Safety, N.D. Cent. Code 23-07.17.l. and 07.21. School Immunization

Requirements, N.D. Admin. Code 33-06-05-01.

General Rule: 'No child may be admitted to any public, private or parochial school, or day care

center, child care facility, head start program, or nursery school operating ia North Dakota unless

such child's parent or guardian presents to the institution authorities a certification' from a doctor

that such child has received immunization against the designated disease AVCC 23-07.17.1.1.

Exceptions: A child may be exempt if- ADCC 23-07.17.1.3.

1) A parent may submit to the institution authorities either a certificate from a doctor stating that

the physical condition of the child is such that immunization would endanger the life or health of

the child, or

2) A certificate signed by his parent or guardian whose beliefs are opposed to such

immunization.

Epidemic: When danger of an epidemic exists from any of the designated diseases, the

exemptions against such disease may not be recognized and children not immunized must be

excluded until danger of the epidemic is over. AVCC 23-07.17.1.6.

Definitions: 'Institution' includes all day care and child care facilities, head start programs,

nursery schools, public and private Kindergartens, and elementary and high schools operating in

North Dakota. ARDAC 33-06-05-01.1(a). According to the cover letter from Kathy

Fredrickson, Immunization Program Manager, Division of Disease Control, North Dakota State

Department of Health and Consolidated Laboratories to Kimberly Wray on August 30, 1993:

In this past legislative session the law was changed to include home education children to meet

the minimum requirements.'

Reporting: Records and reports prescribed by the state department of health and consolidated

laboratories shall be completed and submitted in accordance with instructions on the forms

furnished by the department. NDAC 33-06-05-01.3. The school immunization summary report

and the record of inadequately immunized children must be submitted to the state department of

health and consolidated laboratories by October first of each year. NDAC 33-06-05-01.3(a).

Designated Diseases: Diphtheria, pertussis, tetanus, measles, rubella (German measles), mumps,

and poliomyelitis. AVCC 23-07.17. 1. 1.

Responsibility of Parents: A person is guilty of an infraction, who 'violates or fails to obey any

provision of this chapter, any lawful rule made by the state department of health and

consolidated laboratories, or any order issued by any state, district, county, or municipal health

officer. NDCC 23-07.21.

OHIO

Ohio Immunization Requirements

Authority: Ohio Rev. Code Ann. 3313.67, 671.

General Rule: The board of education of each city, exempted village, or local school district may

make and enforce such rules to secure the immunization of, and to prevent the spread of

communicable diseases among the pupils attending or eligible to attend the schools of the

district, as in its opinion the safety and interest of the public require.' ORC 3313.67(A).

Except as otherwise provided, no pupil shall be permitted to remain in school for more than 14

days unless he presents satisfactory written evidence, that he has been immunized against the

designated diseases, ORC 3313.67.1(A).

The general assembly under ORC 3313.67. I. has not preempted the field of requiring

vaccination or immunization for school pupils but has only promulgated a minimum

requirement while specifically authorizing local school districts to continue to make and enforce

rules or regulations to secure vaccination or immitni7Ation of their pupils, a power which they

already had. 1959 OAG No. 890.

Exceptions: ORC 3313.67.1(A)(1) to (4).

1) A pupil who has had natural rubeola or mumps, and presents a signed statement from his

parent or physician to that effect, is not required to be immunized against the respective disease.

2) A pupil who presents a written statement of his parent or guardian in which they object to the

immunization for good cause, including religious convictions, is not required to be immunized.

3) A child whose doctor certifies that such immunization is medically contraindicated is not

required to be immunized. A school board cannot be required, because of written objection by

his parent or guardian, to admit a child to school who has not been immunized. State ex rel.

Mack v. Board of Education, 204 NE2d 86 (1963).

Reporting: ORC 3313.67(B), (C).

The board shall keep an immunization record for each pupil, available in writing to the pupil's

parent or guardian upon request, which shall include:

1) Immunizations against the designated diseases.

2) Any tuberculin tests given.

3) Any other immunizations required by the board pursuant to ORC 3313.71.

Annually, by the 15th of October, the board shall report a summary, by school, of the

immunization records of all initial entry pupils in the district to the director of health.

Designated Diseases: Mumps, poliomyelitis, diphtheria, pertussis, tetanus, rubeola, and rubella.

ORC 3313.67.1(A).

Responsibility of Parents: A parent who sends his child to a public school and is willing to

continue so to do, but the child is excluded for failure to comply with a rule of the board of

education requiring vaccination, is not liable to conviction under the compulsory education act.

State v. Turney, 12 CC(NS) 33, 21 CD 222 (1909).

OKLAHOMA

Oklahoma Immunization Requirements

Authority: Health and Safety, Okla. Star. Ann. tit. 70 99 1210.191 to 193 et seq.

General Rule: "No minor child shall be admitted to any public, private, or parochial school

operating in this state unless such child can present to the appropriate school authorities

certification from a Licensed physician, or authorized representative of the State Department of

Public Health, that such child has received or is in the process of receiving, immunizations

against" the designated diseases, 'or is likely to be immune as a result of the disease. OSA 70 g

1210.191(a).

Exceptions: There are three exceptions:

1) "Any minor child, through his parent or guardian, may submit to the health authority charged

with the enforcement of the immunization laws a certificate of a licensed physician, stating that

the physical condition of the child is such that immunization would endanger the life or health of

the child." OSA 70 & 1210.192.

2) Upon receipt of a written statement by the parent or guardian objecting to such tests or

immunizations and said child shall be exempt.' OSA 70 g 1210.192.

3) The parents, guardian or person having legal custody of any child may claim an exemption

from the immunizations on... religious. .. grounds. OSA 70 g 1210.193.

Designated Diseases: Diphtheria, pertussis, tetanus, measles (rubeola), (rubella), poliomyelitis,

and smallpox. OSA 70 9 1210.191(a). "The State Board of Health by rule, may alter the list of

immunization tests required after notice and hearing.' OSA 70 g 1210.191(c).

Strategy: Submit a statement of personal, religious, medical grounds or show proof of previous

contact with the disease.

OREGON

Oregon Immunization Requirements

Authority: Public Health and Safety. Or. Rev. Slat. 93 433.235, 240, 267, 269, 273, 282, 284.

General Rule: "As a condition of attendance in any school or children's facility in this state,

every child through grade 12 shall submit to the administrator one of the following statements"

ORS & 433.267(1): A doctor signed statement of immunizations ORS 3 433.267(1)(a)., a

medical exemption ORT g 433.267(1)(b)., a religious exemption ORS 9 433.267(1)(c)., or a 30

day conditional attendance statement allowing the parent to collect existing immunization

records. ORT g 433.267(1)(d).

Exceptions: The two exceptions are:

1) "A statement signed by a physician or a representative of the local health department that the

child should be exempted from receiving specified immunization because of indicated medical

diagnosis." ORS g 433.267(1)(a).

2) "A statement signed by the parent that the child has not been immunized," "because the child

is being reared as an adherent to a religion the teachings of which are opposed to such

immunization." ORT g 433.267(1)(c).

Reporting: "The local health department and all schools and children's facilities shall report

annually to the Health Division,' 'on the number of children in the area served and those children

who are susceptible to restrictable disease.' ORS 9 433.269(2).

Definitions:

"Parent" means parent/guardian of a child or any adult responsible for child. ORS &433.235(4).

"School" means a public, private or parochial school offering kindergarten through grade 12 or

any part thereof, except as exempted by rule of the Health Division. ORS &433.235(6).

"Children's facility" or "facility' means: ORT &433.235(2).

(a) a certified day care facility.

(b) A program operated by, or sharing the premises with, a certified day care facility, school or

post-secondary institution where care is provided to children, six weeks to kindergarten entry.

entry, in a residential or nonresidential setting.

Designated Diseases: Diphtheria, tetanus, pertussis, poliomyelitis, measles, mumps, rubella, and

haemophilus influenzae type b. OAR &333-19-035.

Responsibility of Parents: The 'Legislative Assembly recognizes the obligation of parents to have

their children properly immunized. and to provide schools and facilities accurate records of

immunization." ORS 9 433.240(1). Nothing "in ORS 93 433.234 to 433.284 operates to remove

parental liability under compulsory attendance laws." ORT g 433.240(2).

PENNSYLVANIA

Pennsylvania Immunization Requirements

24 P.S. S 13-1303a

PURDON'S PENNSYLVANIA STATUTES AND CONSOLIDATED STATUTES

ANNOTATED

PURDON'S PENNSYLVANIA STATUTES ANNOTATED

TITLE 24. EDUCATION

CHAPTER 1. PUBLIC SCHOOL CODE OF 1949

ARTICLE XIII. PUPILS AND ATTENDANCE

(A) ATTENDANCE

�13-1303a. Immunization required; penalty

(a) It shall be the duty of all school directors, superintendents, principals, or other persons in

charge of any public, private, parochial, or other school including kindergarten, to ascertain that

every child, prior to admission to school for the first time has been immunized, as the Secretary

of Health may direct, against such diseases as shall appear on a list to be made and from time to

time reviewed by the Advisory Health Board. All certificates of immunization shall be issued in

accordance with the rules and regulations promulgated by the Secretary of Health with the

sanction and advice of the Advisory Health Board.

(b) Any person who shall fail, neglect, or refuse to comply with, or who shall violate, any of the

provisions or requirements of this section, except as hereinafter provided, shall, for every such

offense, upon summary conviction thereof, be sentenced to pay a fine of not less than five

dollars ($5) nor more than one hundred dollars ($100), and in default thereof, to undergo an

imprisonment in the jail of the proper county for a period not exceeding sixty (60) days. All such

fines shall be paid into the treasury of the school district.

medical contraindication which may contraindicate immunization and so certified by a

physician. Such certificates may be accepted in lieu of a certificate of immunization.

(d) The provisions of this section shall not apply in the case of any child whose parent or

guardian objects in writing to such immunization on religious grounds.

RHODE ISLAND

Rhode Island Immunization Requirements

(Updated January 1994)

Authority: R.I. Gen. Laws. 9 16-38-2. Communicable Disease Control, Regulation VIII,

08-00-001-004 to 005

General Rule: "Every person upon entering any public or private school including any college or

university in this state as a pupil shall furnish to the administrative head of the school evidence

that the person has been immunized against such diseases as may from time to time be

prescribed by regulation of the director of health and the commissioner of elementary and

secondary education." RI GL g 16-38-2.

Penalty: See RI GL 9 16-5-30.1.

Exceptions: There are two exceptions: RI GL g 16-38-2.

1) A "certificate from a licensed physician stating that the person is not a fit subject for

immunization for medical reasons.'

2) A "certificate signed by the parent or guardian stating that immunization is contrary to that

person's beliefs.'

SOUTH CAROLINA

South Carolina Immunization Requirements

(Updated January 1994)

Authority: Health, S. C. Code Ann. 44-29-50. Health & Environ. Control Dept. S.C. Code Regs.

6 1-8.

General Rule: No child shall be admitted to any public, private, or parochial school, grades

kindergarten through twelve (K-12), or any child development program under the control of the

Department of Education without first presenting a valid South Carolina Certificate of

Immunization. SCCR 61-8 I. A Special Exemption, valid for 30 days, may be issued once, at

the end of which the student must present a valid South Carolina Certificate of Immunization.

SCCR 61-8 H.C.

Penalty: Any person who shall fail, neglect or refuse to comply with any regulation of the

Department of Health and Environmental Control relating to vaccination, screening or

immunization shall be deemed guilty of a misdemeanor and upon conviction shall be fined not

more than one hundred dollars or be imprisoned for not more than 30 days.' SCC 44-29-50

Exceptions: There are two exceptions: SCCR 61-8 H. A & B.

1) Medical exemption signed by a doctor may be granted if a particular vaccine(s) required by

Regulation is not advisable for the child.

2) Religious exemption may be granted when the parent or guardian signs the South Carolina

Certificate of Religious Exemption stating that they are members of a recognized religious

denomination in which the tenets and practices conflict with immunizations.

Reporting: Forty five days after the beginning of each school year, each school principal must

submit to the local health department, the name of each student admitted to school with medical,

religious and special exemptions. SCCR 61-8 Ill. Representatives of the Department of Health

and Environmental Control shall have the authority to audit school records to insure compliance

with this regulation. SCCR 61-8 IV.

Definitions: Admitted--as the term is used in this paragraph shall apply to all students grades

Kindergarten through twelve. SCCR 61-8 I.

Designated Diseases: Diphtheria, tetanus, pertussis, polio, rubeola and rubella. SCCR 61-8

SOUTH DAKOTA

South Dakota Immunization Requirements

Authority: S.D. Codified Laws Ann. 13-28-7.1 and 34-22-6.

General Rule: Any pupil entering school in this state, shall, prior to admission, be required to

present to the appropriate school authorities certification from a licensed physician that he has

received a test for tuberculosis and is free from a contagious form of tuberculosis and he has

received or is in the process of receiving adequate immunization against the designated diseases.

SDCL 13-28-7. I.

Exceptions: There are two exceptions: SDCL 13-28-7. 1.

1) Certification from a licensed physician stating the physical condition of the child would be

such that a test or immunization would endanger his life or health.

2) A written statement signed by one parent or guardian that the child is an adherent to a

religious doctrine whose teachings are opposed to such test and immunization.

Reporting: The department of health may adopt reasonable rules to require compliance and

documentation of adequate immunization, to define appropriate certification, and to specify

standard procedure.

Designated Diseases: Poliomyelitis, diphtheria, pertussis, rubeola, rubella, mumps and tetanus.

The department of health may modify or delete any of the required immunization. SDCL

13-28-7.l.

Liability: It is a Class 2 misdemeanor for any board, physician, or person to compel another by

the use of physical force to submit to the operation of vaccination with smallpox or other virus.

SDCL 34-22-6.

TENNESSEE

Tennessee Immunization Requirements

Authority: Education, Elementary and Secondary Education, Tenn. Code Ann. %49-6-5001 &

5002. Communicable Diseases Rules and Regulations, Tenn. Comp. R & Regs. Tit.ch.

1200-14-1-.29.

General Rule: Children must be immunized against the diseases designated by the commissioner

of health and environment prior to attendance at any school, nursery school, kindergarten,

preschool or day care facility of Tennessee. TCA %49-6-5001(a). No children shall be permitted

to attend any public school, nursery school, kindergarten, preschool or day care facility until

proof of immunization is given the admissions officer of the school. TCA %49-6-5001�(1).

Regulations list as part of the general rule: nursery school, day care center, Head Start center,

Kindergarten, or other preschool, day care or grades kindergarten through twelve of any public,

private or church related school. TCRR 1200-14-1.29(1).

Exceptions: There are two exceptions:

1) In the absence an epidemic or immediate threat thereof, this section shall not apply to any

child whose parent or guardian shall file with school authorities a signed, written statement that

such immunization and other preventive measures conflict with his religious tenets and

practices, affirmed under the penalties of perjury. TCA %49-6-5001(b)(2).

2) If a child has not been immunized due to medical reasons and has a written statement from

his doctor excusing him from immunization. TCA %49-6-5001�(2). Any immunization shall not

be required if a qualified physician shall certify that administration of such immunization would

be in any manner harmful to the child involved. TCA %49-6-5001(e).

Reporting: Each child who has not received all required immunizations will have their

certificate forwarded to the commissioner of health and environment. The commissioner shall be

responsible for monitoring the health records and notifying the student's legal guardian(s) and

the local school system in the case of noncompliance with immunization requirements. TCA

%49-6-5002(b). To more efficiently bring about compliance, the state and county health

departments are further authorized to provide proof of immunization to physicians who are

evaluating a school-aged patient's immunization status. TCRR 1200-14-1-.29(2).

Definitions: School includes nursery schools, Kindergartens, other preschool, day care centers

and facilities, after school day care facilities grades K-12 of any public, private or church related

schools, vocational schools, technical schools, colleges and universities in the state of

Tennessee. TCRR 1200-14-1.29(2).

Certificate: Proof of immunization shall be established by a certificate of immunization listing

all immunizations which a child has received. TCA %49-6-5002(a).

Designated Diseases: "Diphtheria, measles (rubeola), pertussis (whooping cough), poliomyelitis,

rubella, mumps and tetanus. TCRR 1200-14-1-.29(1).

Responsibility of Parent: It is the responsibility of the parents or guardian of children to have

their children immunized, against the designated diseases. TCA %49-6-5001(b)(1).

TEXAS

Texas Immunization Requirements

Authority: Texas Educ. Code Ann 93 2.09, 2.09a. Texas Department of Health, Texas Admin.

Code tit. 25, 99 97.61 to .77.

General Rule: 'No person may be admitted to any elementary or secondary school or institution

of higher education unless he has been immunized against" the designated diseases. TECA

�2.09(a). "A person may be provisionally admitted to an elementary or secondary school if he

has begun the required immunizations and if he continues to receive the necessary

immunizations as rapidly as medically feasible." TECA �2.09(e).

Exceptions:

1) A doctor signed certificate or affidavit stating, in the physician's opinion, the immunization

required would be injurious to the health and well-being of the applicant or any member of his

family or household. TECA g 2.09(c).

2) An affidavit signed by the applicant, patent or guardian "stating that the immunization

conflicts with the tenets and practice of a recognized church of religious denomination of which

the applicant is an adherent or member; provided, however, that this exemption does not apply

in times of emergency or epidemic declared by the Commissioner of Health. " TECA �2.09(c).

3) Active duty in the armed forces of the United States. TECA ��2.09(c).

4) Physician-validated histories of measles or mumps illnesses are acceptable in lieu of vaccine.

"25 TECA �97.67.

Definitions: The requirements apply to all students entering, attending, and/or transferring to

childcare facilities, public schools, private schools, nonpublic schools, or parochial schools, for

example: (1) preschool programs and kindergartens associated with elementary schools;

(2) elementary schools, junior high or middle schools, and high schools;

(3) academies;

(4) colleges;

(5) universities; and

(6) schools for the blind, deaf, mentally ill, and mentally retarded. '25 TECA �97.61.

Reporting: "Each school covered by this Act shall keep an individual immunization record

during the period of attendance for each student admitted, and the records shall be open for

inspection at all reasonable times by the Central Education Agency or by representatives of local

health departments or the Texas Department of Health." TECA �2.09a(a).

Designated Diseases: Diphtheria, rubeola, rubella, mumps, tetanus, and poliomyelitis. TECA Q

2.09(a). The Texas Board of Health may modify, delete or add to any of these immunizations.

TECA �2.09(c).

UTAH

Utah Immunization Requirements

Authority: Students in Public Schools, Utah Code Ann. g 53A-11-301 to 306. Health, Utah

Admin. R. 386-704-1 to 8.

General Rule: Unless exempted for the personal, medical, or religious objections provided, "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 we facility, family care

home, or headstart program in this state 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 of local health department stating that the student has received immunization against

communicable diseases as required.' UCA g 53A-11-301.

"A student may enter school without a certificate of immunization under a conditional

enrollment if the student moves to Utah or transfers within the state within 30 days prior to entry

into a school, but may not continue to attend unless a certificate of immunization is presented

within 30 days after entry. UCA g 53A-11-302(1).

"A student who, at the time of enrollment, has not been completely immunized against each

specified disease may attend school under a conditional enrollment provided the student has

received one dose of each specified vaccine prior to enrollment.' UCA g 53A-11-302(2).

Penalty: "Parents or guardians of children who are prohibited from attending school for failure to

comply with the provisions of this part provisional enrollment) shall be referred to the juvenile

court.' UCA g 53A-11-306(4).

"Provisions for enforcement and penalties for the violation of public health rules, including this

Immunization Rule for Students, are prescribed under Section 26-23-6." UAR 386-704-8.

Exceptions: There are three: UCA g 53A-11-302(3).

1) "A certificate from a licensed physician that the physical condition of the student is such that

one or more specified immunizations would endanger the student's life or health.'

2) Filing a completed health department form which contains, "a statement that the person has a

personal belief opposed to immunizations signed by the parents, guardians, brother or sister (if

no parent) or the student (if of legal age).

3) A statement signed by the parents, guardians, brother or sister (if no parent) or the student (if

of legal age), "that the person is a bona fide member of a specified, recognized religious

organization whose teachings are contrary to immunizations."

Reporting: "Each governing school authority, in cooperation with the local health department,

shall file a written report of the immunization status of all students under its jurisdiction with the

Bureau of Epidemiology by November 30, of each year. " UAR 386-704-3(5).

Designated Diseases: Diphtheria, tetanus, pertussis, poliomyelitis, measles, mumps, rubella, and

haemophilus influenzae type b. UAR 386-704-2.

Strategy: Use any of the three exceptions. The personal belief is extremely broad and virtually all

inclusive. It appears that home schools are not included in the definition of schools.

Further Research: Find the penalty provision Section 26-23-6.