As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 142


Representatives Hagan, Willamowski, Schmidt, Setzer, Husted, Schaffer, Seitz, Kearns, Gilb, McGregor, Hoops, Jolivette, Collier, White, Williams, Hollister, Reinhard, Miller, Otterman, Redfern, Allen, Carano, D. Evans, Barrett, Chandler, Ujvagi 



A BILL
To enact sections 1713.55, 3332.25, 3345.85, and1
3701.133 of the Revised Code to establish a2
requirement that institutions of higher education3
require students living in on-campus housing to be4
vaccinated for meningitis or obtain a waiver of 5
the vaccination requirement.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 1713.55, 3332.25, 3345.85, and7
3701.133 of the Revised Code be enacted to read as follows:8

       Sec. 1713.55. (A) As used in this section:9

       (1) "Nonprofit institution of higher education" or10
"institution" means a nonprofit college, university, or other11
institution that offers instruction in the arts and sciences,12
business administration, engineering, philosophy, literature, fine13
arts, law, medicine, nursing, social work, theology, and other14
recognized academic and professional fields of study, and awards15
degrees for fulfilling requirements of academic work beyond high16
school.17

        (2) "On-campus student housing" means a dormitory or other18
student residence that is owned or operated by or located on the19
campus of a nonprofit institution of higher education.20

       (3) "Parent" means either parent, except that if one parent21
has sole custody, "parent" means the parent with custody. "Parent"22
also includes a guardian or, in the absence of a parent or23
guardian, another person who has accepted responsibility for the24
care of the student.25

        (B) Except as provided by division (D) of this section, a26
nonprofit institution of higher education shall not permit a27
student to reside in on-campus student housing unless the student28
presents written evidence of having been vaccinated by a method of29
immunization against meningitis.30

       (C) On receipt of an application for residence in on-campus31
student housing, an institution shall do all of the following:32

        (1) Inform the student of the vaccination requirement;33

        (2) Provide the student in written form the information from34
the department of health web site that is described in section35
3701.133 of the Revised Code;36

        (3) Inform the student that the vaccination requirement will37
be waived at the request of the student or, if the student is38
younger than eighteen years of age, at the request of the39
student's parent.40

       (D) An institution with on-campus student housing shall41
provide a waiver form to any student or parent who requests it.42
The form shall include a statement for the student or parent to43
acknowledge having received and read the information provided44
pursuant to division (C)(2) of this section. If a student or, if45
the student is younger than eighteen years of age, the student's46
parent, signs and returns the form to the institution, the47
institution shall waive the vaccination requirement.48

        (E) This section does not require an institution to provide49
or pay for a meningitis vaccination for any student.50

       Sec. 3332.25. (A) As used in this section:51

       (1) "On-campus student housing" means a dormitory or other52
student residence that is owned or operated by or located on the53
campus of a school subject to this chapter.54

        (2) "Parent" means either parent, except that if one parent55
has sole custody, "parent" means the parent with custody. "Parent"56
also includes a guardian or, in the absence of a parent or57
guardian, another person who has accepted responsibility for the58
care of the student.59

       (B) Except as provided by division (D) of this section, a60
school subject to this chapter shall not permit a student to61
reside in on-campus student housing unless the student presents62
written evidence of having been vaccinated by a method of63
immunization against meningitis.64

        (C) On receipt of an application for residence in on-campus 65
student housing, a school shall do all of the following:66

        (1) Inform the student of the vaccination requirement;67

        (2) Provide the student in written form the information from68
the department of health web site that is described in section69
3701.133 of the Revised Code;70

        (3) Inform the student that the vaccination requirement will71
be waived at the request of the student or, if the student is72
younger than eighteen years of age, at the request of the73
student's parent.74

       (D) A school with on-campus student housing shall provide a75
waiver form to any student or parent who requests it. The form76
shall include a statement for the student or parent to acknowledge77
having received and read the information provided pursuant to78
division (C)(2) of this section. If a student or, if the student79
is younger than eighteen years of age, the student's parent, signs80
and returns the form to the school, the school shall waive the81
vaccination requirement.82

        (E) This section does not require a school to provide or pay83
for a meningitis vaccination for any student.84

       Sec. 3345.85. (A) As used in this section:85

       (1) "On-campus student housing" means a dormitory or other86
student residence that is owned or operated by, or located on the87
campus of a state institution of higher education.88

        (2) "Parent" means either parent, except that if one parent89
has sole custody, "parent" means the parent with custody. "Parent"90
also includes a guardian or, in the absence of a parent or91
guardian, another person who has accepted responsibility for the92
care of the student.93

        (B) Except as provided by division (D) of this section, a94
state institution of higher education shall not permit a student95
to reside in on-campus student housing unless the student presents96
written evidence of having been vaccinated by a method of97
immunization against meningitis.98

       (C) On receipt of an application for residence in on-campus99
student housing, an institution shall do all of the following:100

        (1) Inform the student of the vaccination requirement;101

        (2) Provide the student in written form the information from102
the department of health web site that is described in section103
3701.133 of the Revised Code;104

        (3) Inform the student that the vaccination requirement will105
be waived at the request of the student or, if the student is106
younger than eighteen years of age, the request of the student's107
parent.108

        (D) An institution with on-campus student housing shall109
provide a waiver form to any student or parent who requests it.110
The form shall include a statement for the student or parent to111
acknowledge having received and read the information provided112
pursuant to division (C)(2) of this section. If a student or, if113
the student is younger than eighteen years of age, the student's114
parent, signs and returns the form to the institution, the115
institution shall waive the vaccination requirement.116

        (E) This section does not require an institution to provide117
or pay for a meningitis vaccination for any student.118

       Sec. 3701.133. The department of health shall make available119
on its web site information about the risks associated with120
meningitis, the availability of a vaccine, and the effectiveness121
of a vaccine. The department shall provide written notice of the122
availability of meningitis information on the web site to all of123
the following:124

       (A) Each city, local, exempted village, or joint vocational125
school district, as defined in Chapter 3311. of the Revised Code;126

       (B) Each nonpublic school, whether chartered, nonchartered,127
or nontax supported, that enrolls students in ninth grade or the128
equivalent educational level;129

       (C) Each community school created under section 3314.01 of130
the Revised Code, that enrolls students in ninth grade or the131
equivalent educational level;132

       (D) Each state institution of higher education, as defined in133
section 3345.011 of the Revised Code;134

       (E) Each nonprofit institution of higher education, as135
defined in section 1713.55 of the Revised Code;136

       (F) Each private career school, as defined in section 3332.01137
of the Revised Code. 138