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Vaccinations part6

VERMONT

Vermont Immunization Requirements

Authority: Health Regulations, Communicable Diseases, Vt. Stat. Ann. tit. 18 §1120 to 1126.

Immunization Regulations, Vt. Admin. Proc. Bull. 13140021 R2-301 to R2-304.

General Rule: No person may enroll as a student in a Vermont school, regardless of whether the

student has been enrolled in the school during a previous school year, unless the appropriate

school official has received a record or certificate of immunization. VSA T.18 §1121. The

school board of each district shall exclude from school any person not otherwise exempted under

this subchapter who fails to comply with its provisions." VSA T.18 §1126.

Exceptions: There are three: VSA T.18 §1122.

1) If the person, or parent or guardian, "presents a written statement from a licensed physician,

health clinic or nurse that the person is in the process of being immunized."

2) If a physician, licensed to practice in Vermont, certifies in writing that a specific

immunization is or may be detrimental to the person's health or is not appropriate."

3) If the person, or in the case of a minor the person's parent or guardian states in writing that the

person, parent or guardian has religious beliefs or moral convictions opposed to immunization.

Definitions: 'School' means a public, private or parochial kindergarten, elementary or secondary

school. VSA T.18 §1120.

Procedure: There must be notification by the "appropriate school authority" prior to excluding a

student for failure to comply. "In the event of exclusion, school officials shall notify the

department of health and contact the parents or guardians in an effort to secure compliance."

VSA T.18 §1126.

Designated Diseases: Diphtheria, tetanus, pertussis, polio, measles and rubella. VAPB 13140021

R2-303.

VIRGINIA

Virginia Immunization Requirements

Authority: Education, Va. Code Ann. §22.1271.1 to .4. Health, VCA 32.1-46, 1-47. Regulations

for the Immunization of School Children, Virginia Department of Health, Office of

Epidemiology, Division of Communicable Disease Control, Bureau of Immunization, August

1992, §1.1 to 5.4.

General Rule: No student shall be admitted by a school unless at the time of admission the

student or his parent or guardian submits documentary proof of immunization to the admitting

official of the school or unless the student is exempted.' VCA §22.1-271.2.A. Any parent,

guardian or other person having control or charge of a child being home instructed, exempted or

excused from school attendance shall comply with the immunization requirements provided in

§32.1-46 in the same manner and to the same extent as if the child has been enrolled in and is

attending school. - VCA §22.1-271.4. The parent, guardian or person standing in loco parentis of

each child within this Commonwealth shall cause such child to be immunized' against the

designated diseases. VCA §32.1-46. Upon request by the division superintendent, the parent

shall submit to such division superintendent documentary proof of immunization in compliance

with §32 VCA §22.1-271.4. Any student whose immunizations are incomplete may be admitted

conditionally, if the student has received at least one dose of the required immunizations,

accompanied by a schedule for completion of the required doses within 90 days. VCA

§22.1-271.2.B.

Exceptions: There are two exceptions: VCA §22.1-271.2.C.

1) If student or his parent/guardian submits an affidavit to the admitting official stating that the

administration of immunization agents conflicts with the student's religious tenets or practices.

2) The School has written certification from a licensed physician or a local health department

that one or more of the required immunizations may be detrimental to the student's health,

indicating the specific nature and probable duration of the medical condition or circumstances

that contraindicates immunization.

Reporting: If a school does not have documentary proof of Immunization, the school shall notify

the student or his parent or guardian.'VCA §22.1-271.2.A.

Epidemic: Upon the identification of an outbreak, potential epidemic or epidemic of a vaccine

preventable disease in a public or private school, the Commissioner shall have the authority to

require the exclusion from such school of all children who are not immunized against the

disease. VCA §32.1-47.

Definitions: VCA §22.1-271.1.

Documentary proof--written certification that a student has been immunized, such certificate to

be on a form provided by the State Department of Health and signed by the licensed immunizing

physician or an employee of the immunizing local health department.

Student--any person who seeks admission to a school, or for whom admission to a school is

sought by a parent or guardian, and who will not have attained the age of 20 years by the start of

the school term.

School--(i) any public school from kindergarten through grade twelve operated under the

authority of any locality within this Commonwealth, (ii) any private or parochial school that

offers instruction at any level or grade from Kindergarten through grade twelve, and (iii) any

private or parochial nursery school or preschool, or any private or parochial child-care center

required to be licensed by this Commonwealth.

Designated Diseases: Diphtheria, pertussis, whooping cough, poliomyelitis, haemophilus

influenzae type b, measles (rubeola), German measles (rubella) and mumps. VCA §32.1-46.

Penalties: In accordance with §32.1-27 of the Code of Virginia, any person, willfully violating or

refusing, failing or neglecting to comply with any regulation or order of the board or

commissioner of any provision of this title shall be guilty of a Class 1 misdemeanor unless a

different penalty is specified. Va. Regs. Reg., Bureau of Immunization, §5.4.

WASHINGTON

Washington Immunization Requirements

(updated January 1994)

Authority: Common School Provisions, Washington Rev. Code Ann. 28A.210.060 to .170 Board

of Education, Wash. Admin. Code §180-38-005 to 070.

General Rule: The attendance of every child at every public and private school in the state and

licensed day care center shall be conditioned upon the presentation before or on each child's

first day of attendance at a particular school or center, or proof of either (1) full immunization,

(2) the initiation of and compliance with a schedule of immunization, (3) a certificate of

exemption. RCW §28A.210.080.

It shall be the duty of the chief administrator of every public and private school and day care

center to prohibit the further presence at the school or day care center for any and all purposes of

each child for whom proof of immunization, certification of exemption, or proof of compliance

with an approved schedule of immunization has not been provided, and to continue to prohibit

the child's presence until such proof of immunization, certification of exemption, or approved

schedule has been provided."" RCQ §28A.210.120.

Exceptions: There are three: RCW & 28A.210.090.

1. A written certification signed by any physician, that a particular vaccine required by rule of

the state board of health is, in his or her judgment, not advisable for the child: Provided, that

when it is determined that this particular vaccine is no longer contraindicated, the child will be

required to have the vaccine.

2. A written certification signed by any parent or legal guardian of the child or any adult in loco

parent's to the child that the religious beliefs of the signatory are contrary to the required

immunization measures.

3. A written certification signed by any parent or legal guardian of the child or any adult in loco

parent's to the child that the signatory has either a philosophical or personal objection to the

immunization of the child.

Definitions: Full Immunization: shall mean immunization against certain vaccine-preventable

diseases in accordance with schedules and with immunizing agents approved by the state board

of health. School shall mean and include each building, facility, and location at or within which

any or all portions of a preschool, kindergarten and grades one through 12 program of education

and related activities are conducted for 2 or more children by or in behalf of any public school

district and by or in behalf of any private school or private institution subject to approval by the

state board of education pursuant to RCW 28A.305.130(6), 28A.195.010 through 28A195.050,

and 28A.410.120.

Procedure:

1) It is the public policy of this state, that each school shall provide written notice to the

parent(s) or legal guardian(s) of each (student) who is not in compliance prior to exclusion.

WAC §180-38-050.

2) The notice must be received prior to emergency expulsion. WAC §180-38-055(1).

3) The notice must advise of the applicable law and provide copies of it and implementing rules,

including procedural due process rules. WAC §180-38-055(2).

4) The notice must advise of available immunization services. WAC §180-38-055(3).

5) Lastly, the notice will order an emergency expulsion of the student from school and state such

order is effective immediate upon receipt of notice. WAC §180-38-055(4).

District of Columbia Immunization Requirements

Authority: Immunization of School Students, D.C. Code Ann. §31-501 to 508.

General Rule: Students must have a certificate of immunization in order to attend school. DCCA

§31-502

Exceptions:

1) A student may attend school for 10 days before delivering the certificate. If compliance

requires more than 10 days the student may attend if the school receives notification from a

doctor that the immunizations are in progress. DCCA §31-505.

2) No certificate is required if the person responsible for the student "objects in good faith and in

writing," "that immunization would violate his or her religious beliefs."

3) No certificate is required if a doctor or public health authorities certify "that immunization is

medically inadvisable."

Definitions DCCA §31-501

Certificate of Immunization - Written certification by a private physician or the public health

authority that the student is immunized.

Student - Any person who seeks admission to school, who will not have attained the age of 26

years by the start of the school term for which admission is sought.

Immunized - Initial immunization and any boosters required to maintain immunity against

diphtheria, poliomyelitis, tetanus, rubella, measles, and mumps.

School - Any public school through the 12th grade. Any private or parochial school through 12th

grade. Any private or parochial nursery school or preschool, or any private or parochial care

facility required to be licensed. Any college or university created or incorporated, or required to

be licensed.

WEST VIRGINIA

West Virginia Immunization Requirements

Authority: Public Health, WV Code §16-3-4. (AR references are to WVC §16-3-4)

General Rule: All children entering school for the first time in this state shall have been

immunized against the designated diseases. No child or person shall be admitted or received in

any of the schools of the state until he or she has been immunized. Persons enrolling from

schools outside of the state may be provisionally enrolled under minimum criteria established by

the director of the department of health so that the person's immunization may be completed

while missing a minimum amount of school: Provided, however, that no person shall be allowed

to enter school without at least one dose of each required vaccine.

Penalty: Any parent or guardian who refuses to permit his or her child to be immunized against

the designated diseases, and cannot meet the medical exemption or show sufficient reason why

not, shall be guilty of a misdemeanor and except as herein otherwise provided, shall upon

conviction, be punished by a fine of not less than ten nor more than fifty dollars for each offense.

Exception: There is not an express religious exception in West Virginia, though the one codified

is interesting because it might be interpreted as one medical, or a medical and a parent's opinion.

A certificate from a reputable physician showing than an immunization for any or all designated

diseases, is impossible or improper or sufficient reason why any or all immunizations should not

be done.

Certificate: If any physician shall give any person a false certificate of immunization, he or she

shall be guilty of a misdemeanor and upon conviction, shall be fined not less that twenty-five nor

more than one hundred dollars.

Procedure: Any teacher having information concerning any person who attempts to enter school

for the first time without having been immunized, shall report the names of all such persons to

the county health officer. It shall be the duty of the health officer in counties having a full-time

health officer to see that such persons are immunized before entering school.

Designated Diseases: Diphtheria, polio, rubeola, tetanus and whooping cough.

WISCONSIN

Wisconsin Immunization Requirements

Authority: Public Health, Wis. Stat. Ann. §140.05.16. Immunization of Students, Wis. Admin.

Code §HSS 144.01 to .09.

General Rule: Any student admitted to any elementary, middle, junior or senior high school or

into any day care center or nursery school shall, within 30 school days, present written evidence

to the school, day care center or nursery school of having completed the first immunization for

each vaccine required for the student's grade and being on schedule for the remainder of the

basic and recall (booster) immunization series for the designated diseases. WSA §140.05.16.(b).

The student, if an adult, or the student's parent, guardian or legal custodian shall keep the school

informed of the student's compliance with the Immigration schedule. Failure to comply with this

requirement authorizes the school to notify the district attorney immediately to seek a court

order under par. (d). If the student fails to complete the immunization series within one year

after being admitted to the school, the school shall notify the district attorney to seek a court

order under par. (d).' WSA 140.05.16.(cm).

Penalty: The court may require an adult student or the parent, guardian or legal custodian of a

minor student who refuses to submit a written waiver by the specified date or meet the terms of

the immunization schedule to forfeit not more than $25/day of violation. WSA140.05.16(d).

Exceptions: The immunization requirement is waived if the student, if an adult, or the student's

parent, guardian or legal custodian submits a written statement to the school, day care center or

nursery school objecting to the immunization for reasons of health, religion or personal

conviction. WSA 140.05.16(c).

Reporting: By the 15th and the 25th school day after the student is admitted, the school shall

notify in writing any adult student, parent or guardian who has not met the immunization or

waiver requirements. The notices shall cite the terms of those requirements and shall state that

court action and forfeiture penalty could result due to noncompliance. The notices shall also

explain the reasons for the immunization requirements and include information on how and

where to obtain immunization. WSA §140.05.16.(d) 1. No student may be excluded from public

school under this subsection for more than 10 consecutive school days unless, prior to the llth,

the school board provides the student and the student's parent, guardian or legal custodian with

in additional notice, a hearing and the opportunity to appeal the exclusion, as provided under s.

120.13(l)(c).' WSA §140.05.16.(d) 2 d. The school, day care center or nursery school shall notify

the district attorney of the county in which the student resides of any minor student who fails to

present written evidence of completed immunizations or a written waiver under par. (c) within

60 school days after being admitted. WS,4 §140.05.16.(dm). The district attorney shall petition

the court exercising jurisdiction under ch. 48 for an order directing that the student be in

compliance with the requirements of this subsection. If the court grants the petition, the court

may specify the date by which a written waiver shall be submitted under par. (c) or may specify

terms of the immunization schedule.' WSA 140.05.16.(d).

Note: Substantive principles of professional medical conduct are not breached by a doctor's

disclosure to public health authorities of information about the immunization status of his

patients, as reflected in his records, without specific permission of the patients. Op. Any. Gen.,

Feb. 12, 1976.

Epidemic: If an emergency arises, consisting of a substantial outbreak as determined by the

department by rule of one of the, designated diseases, at a school or in the municipality in which

the school is located, the department may order the school to exclude students who are

immunized until the outbreak subsides.' WSA 140.05.16.(e).

Definitions: WAC §HSS 144.02. School--any public or private elementary, middle, junior or

senior high school, which provides educational instruction to students in any grade K through 12,

or in an ungraded educational setting, or to preschool children enrolled in early childhood

programs. Written evidence of immunization--a record of at least the month and year that each

required dose of vaccine was administered or the results of a laboratory test indicating immunity

to the disease. Students who have not previously attended a Wisconsin school and who enter

after the 1980-81 school year must provide the month, day and year for each required dose of

vaccine.

Designated Diseases: Mumps, measles, rubella (German measles), diphtheria, pertussis

(whooping cough) and poliomyelitis. WSA §140.05.16.(a).

Responsibility of Parents: The parent of any minor student or the student, if an adult, shall secure

the immunizations required under s. 140.05 (16), Stats., from available medical sources such as

physicians, hospitals or public health agencies, or shall submit the waiver from WAC §HSS

144.02.

WYOMING STATUTES

TITLE 21. Education

CHAPTER 4. Pupils

ARTICLE 3. Right to Attend School

Current through End of 1997 Sp. Sess.

§ 21-4-309 Mandatory immunizations for children attending schools; exceptions.

(a) Any person attending, full or part time, any public or private school, kindergarten through

twelfth grade, shall within thirty (30) days after the date of school entry, provide to the

appropriate school official written documentary proof of immunization. For purposes of this

section, documentary proof of immunization is written certification by a private licensed

physician or his representative or by any public health authority, that the person is fully

immunized. Documentation shall include month, day and year of each required immunization

received against vaccine preventable disease as designated by the state health authority.

No school administrator shall permit a student to attend school for more than thirty (30) calendar

days without documentary proof of immunization. If immunization requires a series of

immunizations over a period of more than thirty (30) calendar days, the child shall be permitted

to attend school while receiving continuing immunization if the school administrator receives

written notification by a private licensed physician or his representative or by a public health

official, specifying a written schedule for necessary immunization completion within the

medically accepted time period. Waivers shall be authorized by the state or county health officer

upon submission of written evidence of religious objection or medical contraindication to the

administration of any vaccine. In the presence of an outbreak of vaccine preventable disease as

determined by the state or county health authority, school children for whom a waiver has been

issued and who are not immunized against the occurring vaccine preventable disease shall be

excluded from school attendance for a period of time determined by the state or county health

authority, but not suspended from school as provided in W.S. 21-4-305. Children excluded from

school attendance under this section shall not be counted in the aggregate number of pupils

absent as defined in W.S. 21-13-101(a)(i).

(b) The school administrator shall be responsible for an audit of the immunization status of any

child enrolled in the school in accordance with rules and regulations prescribed by the

department of health.

(c) The written documented proof of immunization on a form provided by the state health officer

shall be an integral part of the child's school record.

(d) For purposes of this section:

(i) "State health officer" means the person appointed by the director of the department of health

pursuant to W.S. 9-2-101(f), [9-2-103];

(ii) "County health officer" means the licensed medical officer designated by the county

commissioners to serve as health officer for his county;

(iii) "Immunized" or "immunization" means initial immunization and any boosters or

reimmunizations required to maintain immunization pursuant to the immunization standards and

recommendations issued by the state health officer.

(Laws 1979, ch. 23, S 1; 1987, ch. 3, S 1; 1991, ch. 30, S 2; ch. 221, S 1.)