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BILL AS INTRODUCED 2007-2008

H-648

H.648

Introduced by Representative Chen of Mendon

Referred to Committee on

Date:

Subject: Health; immunizations; child care facilities; registry

Statement of purpose: This bill proposes to require children to receive age-appropriate immunizations prior to enrolling in licensed or registered child care facilities and to expand the existing immunization registry to include data regarding adult immunizations.

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 18 V.S.A. § 1120 is amended to read:

§ 1120. DEFINITIONS

As used in this subchapter,:

(1) “Child care facility” means a child care facility or family day care home licensed or registered under chapter 35 of Title 33, unless exempted by rule adopted under section 1123 of this title.

(2) “school” “School” means a public or independent prekindergarten, kindergarten, elementary or secondary school or any postsecondary school as defined in 16 V.S.A. § 176(b), unless exempted by rule adopted pursuant to section 1123 of this title.

Sec. 2. 18 V.S.A. § 1121 is amended to read:

§ 1121. IMMUNIZATIONS REQUIRED PRIOR TO ATTENDING

SCHOOL AND CHILD CARE FACILITIES

(a) 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 issued by a licensed physician or a health clinic that the person has received required immunizations appropriate to age as specified by the Vermont department of health.

(b) No person may enroll a child in a child care facility, regardless of whether the child has been enrolled in the facility during a previous year, unless the facility has received a record or certificate of immunization issued by a licensed physician or a health clinic that the child has received required immunizations appropriate to age as specified by the Vermont department of health.

Sec. 3. 18 V.S.A. § 1122 is amended to read:

§ 1122. EXEMPTIONS

(a) A person may remain in school or in the child care facility without a required immunization:

(1) If the person, or in the case of a minor the person’s 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. The person may continue to attend school or the child care facility as long as the immunization process is being accomplished;

(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.

(b) The health department may provide by rule for further exemptions to immunization based upon sound medical practice.

Sec. 4. 18 V.S.A. § 1123 is amended to read:

§ 1123. IMMUNIZATION RULES AND REGULATIONS

The health department shall adopt rules for administering this subchapter. Such rules shall be developed in consultation with the department of education shall establish rules for administering this subchapter with respect to immunization requirements for Vermont schools, and in consultation with the department for children and families with respect to immunization requirements for child care facilities. Such rules shall establish which immunizations shall be required and the manner and frequency of their administration, and may provide for exemptions as authorized by this subchapter.

Sec. 5. 18 V.S.A. § 1124 is amended to read:

§ 1124. ACCESS TO RECORDS

Appropriate health personnel shall have access to student immunization records of anyone enrolled in Vermont schools or child care facilities, when access is required in the performance of official duties related to the immunizations required by this subchapter.

Sec. 6. 18 V.S.A. § 1126 is amended to read:

§ 1126. NONCOMPLIANCE

The school board of each district, or the board of trustees of each independent school, or the chief executive officer of each post-secondary postsecondary school, or the director of each child care facility shall exclude from school or a child care facility any person not otherwise exempted under this subchapter who fails to comply with its provisions. No person shall be excluded for failure to comply with the provisions of this subchapter unless there has been a notification by the appropriate school or child care facility authority to the person, or in the case of a minor to the person’s parent or guardian of the noncompliance with this subsection, and of their rights under section 1122 of this title. In the event of exclusion, school officials or the director of the child care facility shall notify the department of health and contact the parents or guardians in an effort to secure compliance with the requirements of this subchapter so that the person may attend school or the child care facility.

Sec. 7. 18 V.S.A. § 1129 is amended to read:

§ 1129. CHILDHOOD IMMUNIZATION REGISTRY

(a) A health care provider and health insurer shall report to the department all data regarding required immunizations of adults and of children under the age of 18 within seven days of the immunization. The data shall be reported in a form required by the department.

(b) The department may use the data to create a registry of childhood immunizations. Registry information regarding a particular adult shall be provided, upon request, to the adult, the adult’s health care provider, and the adult’s health insurer. A minor child’s record also may be provided, upon request, to licensed day care providers to demonstrate compliance with Vermont immunization laws. Registry information regarding a particular child shall be provided, upon request, to the child after the child reaches the age of majority and to the child’s parent, guardian, health insurer, and health care provider. Registry information shall be kept confidential and privileged and may be shared only in summary, statistical, or other form in which particular individuals are not identified.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us