CHAPTER 16. PUBLIC HEALTH.

§16-3-4. Compulsory immunization of school children; information disseminated; offenses; penalties.

(a) Whenever a resident birth occurs, the commissioner shall promptly provide parents of the newborn child with information on immunizations mandated by this state or required for admission to a public, private and parochial school in this state or a state-regulated child care center.

(b) Except as hereinafter provided, a child entering school or a state-regulated child care center in this state must be immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough.

(c) No child or person may be admitted or received in any of the schools of the state or a state-regulated child care center until he or she has been immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio,, rubella, tetanus and whooping cough or produces a certificate from the commissioner granting the child or person an exemption from the compulsory immunization requirements of this section.

(d) Any school or state-regulated child care center personnel having information concerning any person who attempts to be enrolled in a school or state-regulated child care center without having been immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough shall report the names of all such persons to the commissioner.

(e) Persons may be provisionally enrolled under minimum criteria established by the commissioner so that the person's immunization may be completed while missing a minimum amount of school. No person shall be allowed to enter school without at least one dose of each required vaccine.

(f) County health departments shall furnish the biologicals for this immunization for children of parents or guardians who attest that they cannot afford or otherwise access vaccines elsewhere.

(g) Health officers and physicians who provide vaccinations must present the person vaccinated with a certificate free of charge showing that they have been immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough, or he or she may give the certificate to any person or child whom he or she knows to have been immunized against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio, rubella, tetanus and whooping cough.

(h) The commissioner is authorized to grant, renew, condition, deny, suspend or revoke exemptions to the compulsory immunization requirements of this section, on a statewide basis, upon sufficient medical evidence that immunization is contraindicated or there exists a specific precaution to a particular vaccine.

(1) A request for an exemption to the compulsory immunization requirements of this section must be accompanied by the certification of a licensed physician stating that the physical condition of the child is such that immunization is contraindicated or there exists a specific precaution to a particular vaccine.

(2) The commissioner is authorized to appoint and employ an Immunization Officer to make determinations on request for an exemption to the compulsory immunization requirements of this section, on a statewide basis, and delegate to the Immunization Officer the authority granted to the commissioner by this subsection.

(3) A person appointed and employed as the Immunization Officer must be a physician licensed under the laws of this state to practice medicine.

(4) The Immunization Officer's decision on a request for an exemption to the compulsory immunization requirements of this section may be appealed to the State Health Officer.

(5) The final determination of the State Health Officer is subject to a right of appeal pursuant to the provisions of article five, chapter twenty-nine a of this code.

(i) A physician who provides any person with a false certificate of immunization against chickenpox, hepatitis-b, measles, meningitis, mumps, diphtheria, polio,, rubella, tetanus and whooping cough is guilty of a misdemeanor and, upon conviction, shall be fined not less than $25 nor more than $100.

§16-3-4. Compulsory immunization of school children; information disseminated; offenses; penalties.

Bills Affecting §16-3-4

2001 Regular Session: SB210
2002 Regular Session: HB4619
2002 Regular Session: HB4619
2002 Regular Session: SB139
2002 Regular Session: SB626
2002 Regular Session: SB626
2003 Regular Session: HB3072
2003 Regular Session: HB3118
2003 Regular Session: SB136
2004 Regular Session: HB3072
2004 Regular Session: HB3118
2004 Regular Session: SB439
2005 Regular Session: HB2190
2005 Regular Session: HB2885
2005 Regular Session: HB3238
2005 Regular Session: SB510
2005 Regular Session: SB523
2005 Regular Session: SB749
2006 Regular Session: HB2190
2006 Regular Session: SB34
2006 Regular Session: SB670
2007 Regular Session: HB2835
2007 Regular Session: HB2856
2007 Regular Session: HB2904
2007 Regular Session: HB2941
2007 Regular Session: HB2978
2007 Regular Session: HB3164
2007 Regular Session: HB3164
2007 Regular Session: SB85
2007 Regular Session: SB91
2007 Regular Session: SB179
2007 Regular Session: SB425
2008 Regular Session: HB2856
2008 Regular Session: HB2904
2008 Regular Session: HB2978
2008 Regular Session: SB19
2008 Regular Session: SB123
2008 Regular Session: SB527
2009 Regular Session: HB2431
2009 Regular Session: HB3069
2009 Regular Session: HB3121
2009 Regular Session: SB1
2009 Regular Session: SB666
2009 Regular Session: SB697
2010 Regular Session: HB2431
2010 Regular Session: HB3069
2010 Regular Session: HB3121
2010 Regular Session: HB4666
2010 Regular Session: SB41
2010 Regular Session: SB157
2010 Regular Session: SB530
2010 Regular Session: SB549
2011 Regular Session: HB2942
2011 Regular Session: HB2998
2011 Regular Session: HB3063
2011 Regular Session: HB3189
2011 Regular Session: HB3261
2011 Regular Session: SB81
2011 Regular Session: SB469
2011 Regular Session: SB522
2011 Regular Session: SB580
2012 Regular Session: HB3189
2012 Regular Session: HB3261
2012 Regular Session: HB4372
2012 Regular Session: HB4411
2012 Regular Session: SB50
2012 Regular Session: SB392
2013 Regular Session: HB2305
2013 Regular Session: HB2306
2013 Regular Session: HB2790
2013 Regular Session: HB2831
2013 Regular Session: SB82
2014 Regular Session: HB2305
2014 Regular Session: HB2306
2014 Regular Session: HB2790
2014 Regular Session: HB2831
2015 Regular Session: HB2556
2015 Regular Session: SB286
2016 Regular Session: HB2556
2017 Regular Session: HB2945
2017 Regular Session: SB359
2017 Regular Session: SB386
2017 Regular Session: SB386
2017 Regular Session: SB537
2018 Regular Session: HB2945
2018 Regular Session: HB4021
2018 Regular Session: HB4294
2018 Regular Session: HB4623
2018 Regular Session: SB330
2018 Regular Session: SB487
2018 Regular Session: SB517
2018 Regular Session: SB620
2019 1X: HB191
2019 Regular Session: HB2319
2019 Regular Session: HB2847
2019 Regular Session: HB3064
2019 Regular Session: SB145
2019 Regular Session: SB454