Representative Paul Ray proposes the following substitute bill:


1     
IMMUNIZATION OF STUDENTS AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Carol Spackman Moss

5     
Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to immunization requirements for students.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     amends requirements for a student seeking an immunization exemption;
14          ▸     requires the Department of Health to:
15               •     develop an immunization exemption form;
16               •     develop an education module; and
17               •     make rules;
18          ▸     requires a local health department to issue an immunization exemption form under
19     certain conditions;
20          ▸     requires an individual to present a certificate of completion for an education module
21     as a condition for receiving an exemption from required immunizations;
22          ▸     enacts renewal requirements for an exemption from immunization;
23          ▸     amends requirements for transferring a student's exemption from required
24     immunizations to a new school;
25          ▸     requires a school to maintain a list of students who have not received required
26     immunizations;
27          ▸     amends provisions related to a conditional enrollment; and
28          ▸     makes technical and conforming changes.
29     Money Appropriated in this Bill:
30          None
31     Other Special Clauses:
32          This bill provides a special effective date.
33     Utah Code Sections Affected:
34     AMENDS:
35          26-1-17.5, as last amended by Laws of Utah 2008, Chapter 382
36          53A-11-303, as enacted by Laws of Utah 1988, Chapter 2
37          53A-11-304, as enacted by Laws of Utah 1988, Chapter 2
38     ENACTS:
39          53A-11-300.5, Utah Code Annotated 1953
40     REPEALS AND REENACTS:
41          53A-11-301, as last amended by Laws of Utah 1992, Chapter 53
42          53A-11-302, as last amended by Laws of Utah 2010, Chapter 395
43          53A-11-302.5, as enacted by Laws of Utah 1992, Chapter 129
44          53A-11-306, as enacted by Laws of Utah 1988, Chapter 2
45     

46     Be it enacted by the Legislature of the state of Utah:
47          Section 1. Section 26-1-17.5 is amended to read:
48          26-1-17.5. Confidential records.
49          (1) A record classified as confidential under this title shall remain confidential, and be
50     released according to the provisions of this title, notwithstanding Section 63G-2-310.
51          (2) In addition to those persons granted access to [records] a private record described in
52     Subsection 63G-2-302(1)(b), immunization records may be shared among schools, school
53     districts, and local and state health departments and the state Department of Human Services as
54     necessary to [assure] ensure compliance with [Section 53A-11-301] Title 53A, Chapter 11, Part
55     3, Immunization of Students, and to prevent, investigate, and control the causes of epidemic,
56     infectious, communicable, and other diseases affecting the public health.
57          Section 2. Section 53A-11-300.5 is enacted to read:
58          53A-11-300.5. Definitions.
59          As used in this part:
60          (1) "Certificate of immunization" means:
61          (a) a certification stating that a student received each required immunization, including
62     the date each immunization was administered, issued by:
63          (i) a licensed health care provider;
64          (ii) an authorized representative of a local health department; or
65          (iii) an authorized representative of the department; or
66          (b) verification from the department, through a central database, that a student has
67     received each required immunization, including the date each immunization was administered.
68          (2) "Department" means the Department of Health, created in Section 26-1-4.
69          (3) "Immunization exemption form" means a form, described in Section 53A-11-302.5,
70     that exempts a student from one or more required immunizations.
71          (4) "Local education agency" or "LEA" means:
72          (a) a school district;
73          (b) a charter school; or
74          (c) the Utah Schools for the Deaf and the Blind.
75          (5) "Required immunizations" means immunizations against communicable diseases
76     required by department rule described in Section 53A-11-303.
77          (6) "School" means:
78          (a) center-based child care, as defined in Section 26-39-102;
79          (b) a public school, as defined in Section 26-39-102;
80          (c) residential child care, as defined in Section 26-39-102; or
81          (d) a private school that:
82          (i) is not primarily funded at public expense; and
83          (ii) provides education to students in any grade from kindergarten through grade 12.
84          (7) "Student" means an individual who attends a school.
85          Section 3. Section 53A-11-301 is repealed and reenacted to read:
86          53A-11-301. Certificate of immunization required -- Exceptions-- Weighted pupil
87     unit funding.
88          (1) (a) Except as provided in Subsection (1)(b), a student may not attend a school
89     unless there is presented to the appropriate official of the school a certificate of immunization
90     for the student.
91          (b) A student who does not present a certificate of immunization may attend a school if
92     the student:
93          (i) is exempt as described in Section 53A-11-302;
94          (ii) qualifies for conditional enrollment under Section 53A-11-306; or
95          (iii) meets:
96          (A) the definition of a student under Section 53A-1-1001; and
97          (B) the immunization requirements for military children under Section 53A-1-1001.
98          (2) An LEA may not receive weighted pupil unit money for a student unless the
99     student:
100          (a) presents a certificate of immunization; or
101          (b) is allowed to attend school without presenting a certificate of immunization as
102     described in Subsection (1)(b).
103          Section 4. Section 53A-11-302 is repealed and reenacted to read:
104          53A-11-302. Exemption from required immunizations.
105          A student is exempt from receiving required immunizations if, subject to the renewal
106     requirement described in Section 53A-11-302.5, the student's parent or legal guardian presents
107     to the appropriate official of the student's school:
108          (1) for an exemption for a medical reason:
109          (a) a certificate from a licensed health care provider stating that due to the physical
110     condition of the student, a required immunization would endanger the student's life or health;
111     and
112          (b) a certificate of completion for the online education module described in Section
113     53A-11-302.5; or
114          (2) for an exemption for a personal or religious belief:
115          (a) an immunization exemption form described in Section 53A-11-302.5; and
116          (b) a certificate of completion for the online education module described in Section
117     53A-11-302.5.
118          Section 5. Section 53A-11-302.5 is repealed and reenacted to read:
119          53A-11-302.5. Immunization exemption form -- Online education module --
120     Renewal requirement.
121          (1) The department shall:
122          (a) develop an immunization exemption form that:
123          (i) specifies if an exemption is for a personal or religious belief;
124          (ii) certifies that the individual who signs the form has completed the online education
125     module described in Subsection (2);
126          (iii) indicates that a student who has an immunization exemption is required to renew
127     the exemption at the student's school when the student:
128          (A) enters grade 7; and
129          (B) enters grade 10;
130          (iv) states the department's position regarding the benefits of immunization;
131          (v) states requirements for a student who has not received required immunizations, in
132     the event of an outbreak of a vaccine preventable illness;
133          (vi) includes a statement claiming exemption from one or more required
134     immunizations, signed by:
135          (A) a student's parent or legal guardian;
136          (B) for a student who does not have a parent or legal guardian, the student's sibling of
137     legal age; or
138          (C) for a student 18 years of age or older, the student;
139          (vii) includes the name and address of the individual who signs the form;
140          (viii) includes the name of the student claiming exemption from one or more required
141     immunizations; and
142          (ix) includes name of the school the student attends at the time the form is signed; and
143          (b) provide the immunization exemption form to each local health department to
144     distribute.
145          (2) (a) The department shall develop an online education module that is no longer than
146     20 minutes and includes:
147          (i) information about vaccine preventable illnesses;
148          (ii) recommendations to reduce the likelihood of an unvaccinated individual
149     contracting or transmitting a vaccine preventable illness;
150          (iii) information, based on the best available science, about vaccines;
151          (iv) interactive questions or activities; and
152          (v) for an individual who completes the module, a certificate of completion.
153          (b) In developing the online education module, the department shall consult with
154     individuals interested in vaccination requirements, including individuals from organizations for
155     health care professionals.
156          (3) (a) A local health department shall provide an immunization exemption form to an
157     individual who:
158          (i) requests an immunization exemption form for a student;
159          (ii) is an individual described in Subsection (1)(a)(vi); and
160          (iii) presents a certificate of completion for the online education module described in
161     Subsection (2).
162          (b) A local health department may not issue an immunization exemption form to an
163     individual who does not present a certificate of completion for the online education module
164     described in Subsection (2).
165          (c) An individual who is eligible to sign an immunization exemption form for multiple
166     students may present a single certificate of completion described in Subsection (2) to receive an
167     immunization exemption form for each student.
168          (4) (a) A student's exemption from required immunizations is subject to the renewal
169     requirements described in Subsection (4)(b).
170          (b) In order to renew an exemption from required immunizations, when a student with
171     an exemption from required immunizations enters grade 7, and again when the student enters
172     grade 10, an individual described in Subsection (1)(a)(vi) shall:
173          (i) complete the online education module described in Subsection (2); and
174          (ii) present a certificate of completion for the online education module directly to the
175     student's school.
176          (c) An LEA may not charge a fee to renew an immunization exemption form.
177          (d) A student who is exempt from immunization requirements and transfers to or
178     enrolls in a different school may, subject to the renewal requirements described in Subsection
179     (4)(b), transfer the student's exemption from required immunizations if the student's previous
180     school confirms that the student has an exemption from required immunizations.
181          (5) A student who has an immunization exemption for the 2016-2017 school year or
182     earlier:
183          (a) is not required to obtain a new immunization exemption form from a local health
184     department; and
185          (b) shall renew the exemption at the beginning of the student's grade 7 year and again
186     at the beginning of the student's grade 10 year, as described in Subsection (4)(b).
187          Section 6. Section 53A-11-303 is amended to read:
188          53A-11-303. Department of Health regulations.
189          (1) [The Department of Health] In accordance with Title 63G, Chapter 3, Utah
190     Administrative Rulemaking Act, the department shall [adopt] make rules to establish:
191          (a) which immunizations are required [and] as a condition for attending school;
192          (b) the manner and frequency of [their] the administration[.] of required
193     immunizations;
194          (c) the immunization exemption form described in Section 53A-11-302.5;
195          (d) the online education module described in Section 53A-11-302.5; and
196          (e) the requirements for a conditional enrollment described in Section 53A-11-306.
197          (2) The rules [adopted] made under Subsection (1) shall:
198          (a) conform to recognized standard medical practices[.]; and
199          [(3) The rules shall]
200          (b) require [the reporting of] a school to report statistical information and names of
201     [noncompliers by the schools] students who are not in compliance with Section 53A-11-301 to
202     the department.
203          Section 7. Section 53A-11-304 is amended to read:
204          53A-11-304. Certificate part of student's record -- Forms for certificates --
205     Recording of immunization record as official certificate -- School record of noncertificate
206     holders.
207          (1) [Each] A school shall retain an official [certificates] certificate of immunization for
208     [every] an enrolled student[. The certificate becomes a] that is part of the [individual] student's
209     permanent school record [and follows the student through his or her public or private school
210     career].
211          (2) The [Department of Health shall provide official certificate of immunization forms
212     to public and private] department shall create an immunization form and distribute the
213     immunization form to schools, [physicians] health care providers, and local health departments.
214     [The forms referred to in this subsection shall include a clear statement of the student's rights
215     under Section 53A-11-302.]
216          [(3) Any immunization record provided by a licensed physician, registered nurse, or
217     public health official may be accepted by a school official as a certificate of immunization if
218     the type of immunization given and the dates given are specified and the]
219          (3) (a) A school shall record the information [is transferred to] on a certificate of
220     immunization as an official certificate of immunization [and verified by the school district in
221     which the public or private school is located].
222          (b) A school shall verify the information on a certificate of immunization.
223          (4) (a) At the beginning of each school year, a school shall create a list of students who
224     do not have an official certificate of immunization, noting if a student on the list is allowed to
225     attend school without presenting a certificate of immunization, under Section 53A-11-301.
226          (b) A school shall provide the list of students described in Subsection (4)(a) to the
227     principal or other school director each year.
228          (c) A name appearing on the list described in Subsection (4)(a) is subject to
229     confidentiality requirements described in Section 26-1-17.5 and Section 53A-13-301.
230          Section 8. Section 53A-11-306 is repealed and reenacted to read:
231          53A-11-306. Conditional enrollment -- Suspension for noncompliance --
232     Procedure.
233          (1) (a) A student who has not received one or more required immunizations may attend
234     school on a conditional enrollment:
235          (i) if the student has received a dose of each required vaccine, but is not due for the
236     next dose of the vaccine under department rule described in Section 53A-11-303; or
237          (ii) except as provided in Subsection (1)(b), for up to 21 calendar days after the first
238     day of school.
239          (b) A student who enrolls in a school on or after the twenty-second calendar day after
240     the first day of school may attend school on a conditional enrollment for up to 21 calendar days
241     after the day on which the student enrolls in the school.
242          (2) (a) After the conditional enrollment period, a school shall prohibit further
243     attendance of a student who does not comply with Section 53A-11-301.
244          (b) After five days of a student's conditional enrollment, a school shall mail written
245     notice to the student's parent, legal guardian, or, if the student does not have a parent or legal
246     guardian, the student's legal age sibling that:
247          (i) the student will be suspended at the end of the conditional enrollment if the student
248     is not in compliance with Section 53A-11-301; and
249          (ii) describes the process for obtaining the required immunizations or an exemption
250     from the required immunizations.
251          (3) A parent or legal guardian of a student who is prohibited from attending school for
252     failure to comply with the provisions of this part shall be referred to the juvenile court.
253          Section 9. Effective date.
254          This bill takes effect on July 1, 2017.