Friday, August 29, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
SB116: Immunizations; minimum requirements for children entering public or private schools or centers.
Be it enacted by the General Assembly of Virginia:
1. That § 32.1-46 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-46. Immunization of patients against certain diseases.
A. The parent, guardian or person standing in loco parentis of
each child within this Commonwealth shall cause such child to be immunized by
vaccine against diphtheria, tetanus, whooping cough and poliomyelitis before
such child attains the age of one year, against Haemophilus influenzae type b
before he attains the age of 30 months, and against measles (rubeola), German
measles (rubella) and mumps before such child attains the age of two years. All
children born on or after January 1, 1994, shall be required to receive
immunization against hepatitis B before their first
birthday. All children shall also be required to receive a second dose of
measles (rubeola) vaccine in accordance with the regulations of the Board. The
Board's regulations shall require that all children receive a second dose of
measles (rubeola) vaccine prior to first entering kindergarten or first grade
and that all children who have not yet received a second dose of measles
(rubeola) vaccine receive such second dose prior to entering the sixth grade.
All children born on or after January 1, 1997, shall be required to receive
immunization against varicella zoster (chicken pox), not earlier than the age
of 12 months. Children who have evidence of immunity as demonstrated by
laboratory confirmation of immunity or a reliable medical history of disease
are exempt from such requirement. After July 1, 2001, all children who have not
yet received immunization against hepatitis B shall receive such immunization
prior to entering sixth grade in accordance with the
Immunization Schedule developed and published by the Centers for Disease
Control and Prevention (CDC), Advisory
Committee on Immunization Practices (ACIP), the American Academy of Pediatrics
(AAP), and the American Academy of Family Physicians (AAFP). The
required immunizations for attendance at a public or private elementary, middle
or secondary school, child care center, nursery school, family day care home or
developmental center shall be those set forth in the State Board of Health Regulations
for the Immunization of School Children. The Board's regulations shall at a
minimum require:
1. A minimum of three properly spaced doses of hepatitis B vaccine (HepB).
2. A minimum of three or more properly spaced doses of diphtheria toxoid. One dose shall be administered on or after the fourth birthday. A booster dose shall be administered prior to entering the sixth grade if at least five years have passed since the last dose of diphtheria toxoid.
3. A minimum of three or more properly spaced doses of tetanus toxoid. One dose shall be administered on or after the fourth birthday. A booster dose shall be administered prior to entering the sixth grade if at least five years have passed since the last dose of tetanus toxoid.
4. A minimum of three or more properly spaced doses of acellular pertussis vaccine. One dose shall be administered on or after the fourth birthday. A booster dose shall be administered prior to entry into the sixth grade if at least five years have passed since the last dose of pertussis vaccine.
5. Two or three primary doses of Haemophilus influenzae type b (Hib) vaccine, depending on the manufacturer, for children up to 60 months of age.
6. Two properly spaced doses of live attenuated measles (rubeola) vaccine. The first dose shall be administered at age 12 months or older.
7. One dose of live attenuated rubella vaccine shall be administered at age 12 months or older.
8. One dose of live attenuated mumps vaccine shall be administered at age 12 months or older.
9. All susceptible children born on and after January 1, 1997, shall be required to have one dose of varicella vaccine on or after 12 months.
10. Three or more properly spaced doses of oral polio vaccine (OPV) or inactivated polio vaccine (IPV). One dose shall be administered on or after the fourth birthday. A fourth dose shall be required if the three dose primary series consisted of a combination of OPV and IPV.
11. Two to four doses, dependent on age at first dose, of properly spaced pneumococcal 7-valent conjugate (PVC) vaccine for children less than two years of age.
The parent, guardian or person standing in loco parentis may have such child immunized by a physician or registered nurse or may present the child to the appropriate local health department, which shall administer the required vaccines without charge.
B. A physician, registered nurse or local health department administering a vaccine required by this section shall provide to the person who presents the child for immunizations a certificate that shall state the diseases for which the child has been immunized, the numbers of doses given, the dates when administered and any further immunizations indicated.
C. The vaccines required by this section shall meet the standards prescribed in, and be administered in accordance with, regulations of the Board.
D. The provisions of this section shall not apply if:
1. The parent or guardian of the child objects thereto on the grounds that the administration of immunizing agents conflicts with his religious tenets or practices, unless an emergency or epidemic of disease has been declared by the Board, or
2. The parent or guardian presents a statement from a physician licensed to practice medicine in Virginia, or a licensed nurse practitioner, that states that the physical condition of the child is such that the administration of one or more of the required immunizing agents would be detrimental to the health of the child.
E. For the purpose of protecting the public health by ensuring that each child receives age-appropriate immunizations, any physician, nurse practitioner, licensed institutional health care provider, local or district health department, the Virginia Immunization Information System, and the Department of Health may share immunization and patient locator information without parental authorization, including, but not limited to, the month, day, and year of each administered immunization; the patient's name, address, telephone number, birth date, and social security number; and the parents' names. The immunization information; the patient's name, address, telephone number, birth date, and social security number; and the parents' names shall be confidential and shall only be shared for the purposes set out in this subsection.
F. The State Board of Health shall review this section annually and make recommendations for revision.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.