As Passed by the Senate

125th General Assembly
Regular Session
2003-2004
Sub. 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, S. Smith, Yates, DeBose, Reidelbach, Taylor, Schneider, Beatty, Aslanides, Boccieri, Brown, Buehrer, Callender, Carmichael, Clancy, Daniels, Domenick, C. Evans, Faber, Hartnett, Harwood, Hughes, Kilbane, Koziura, Niehaus, Oelslager, T. Patton, Price, Schlichter, Seaver, G. Smith, D. Stewart, J. Stewart, Strahorn, Trakas, Webster, Wilson, Woodard

SENATORS Armbruster, Amstutz, Robert Gardner, Stivers, Schuring



A BILL
To enact sections 1713.55, 3332.25, 3345.85, and1
3701.133 of the Revised Code regarding 2
meningococcal meningitis and hepatitis B 3
vaccination status of students living in on-campus4
housing at institutions of higher education.5


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

       Section 1. That sections 1713.55, 3332.25, 3345.85, and6
3701.133 of the Revised Code be enacted to read as follows:7

       Sec. 1713.55. (A) As used in this section:8

       (1) "Nonprofit institution of higher education" or9
"institution" means a nonprofit college, university, or other10
institution that offers instruction in the arts and sciences,11
business administration, engineering, philosophy, literature, fine12
arts, law, medicine, nursing, social work, theology, and other13
recognized academic and professional fields of study, and awards14
degrees for fulfilling requirements of academic work beyond high15
school.16

        (2) "On-campus student housing" means a dormitory or other17
student residence that is owned or operated by or located on the18
campus of a nonprofit institution of higher education.19

       (3) "Parent" means either parent, except that if one parent20
has sole custody, "parent" means the parent with custody. "Parent"21
also includes a guardian or, in the absence of a parent or22
guardian, another person who has accepted responsibility for the23
care of the student.24

       (B) Beginning with the academic year that commences on or 25
after July 1, 2005, a nonprofit institution of higher education 26
shall not permit a student to reside in on-campus student housing 27
unless the student, or, if the student is younger than eighteen 28
years of age, the student's parent, discloses to the institution 29
whether the student has been vaccinated against meningococcal 30
meningitis and hepatitis B by submitting to the institution the 31
meningitis and hepatitis B vaccination status statement described 32
in division (B) of section 3701.133 of the Revised Code or a 33
meningitis status statement form provided by the institution that 34
meets the requirements of division (B) of section 3701.133 of the 35
Revised Code. The statement may be submitted in written form or, 36
if the institution has a secure web site, in electronic form. 37

       (C) On receipt of an application for residence in on-campus 38
student housing, a nonprofit institution of higher education shall 39
do both of the following:40

       (1) Inform the student of the disclosure requirement;41

       (2) Provide the student in either written or, if the school 42
has a secure web site, electronic form the meningitis and 43
hepatitis B vaccination status statement described in division (B) 44
of section 3701.133 of the Revised Code or a meningitis status 45
statement form provided by the institution that meets the 46
requirements of division (B) of section 3701.133 of the Revised 47
Code.48

        (D) This section does not require an institution to provide49
or pay for a meningococcal meningitis or hepatitis B vaccination 50
for any student.51

       Sec. 3332.25. (A) As used in this section:52

       (1) "On-campus student housing" means a dormitory or other53
student residence that is owned or operated by or located on the54
campus of a school subject to this chapter.55

        (2) "Parent" means either parent, except that if one parent56
has sole custody, "parent" means the parent with custody. "Parent"57
also includes a guardian or, in the absence of a parent or58
guardian, another person who has accepted responsibility for the59
care of the student.60

       (B) Beginning with the academic year that commences on or 61
after July 1, 2005, a school subject to this chapter shall not 62
permit a student to reside in on-campus student housing unless the 63
student, or, if the student is younger than eighteen years of age, 64
the student's parent, discloses to the school whether the student 65
has been vaccinated against meningococcal meningitis and hepatitis 66
B by submitting to the school the meningitis and hepatitis B 67
vaccination status statement described in division (B) of section 68
3701.133 of the Revised Code or a meningitis status statement form 69
provided by the school that meets the requirements of division (B) 70
of section 3701.133 of the Revised Code. The statement may be 71
submitted in written form or, if the school has a secure web site, 72
in electronic form.73

       (C) On receipt of an application for residence in on-campus 74
student housing, a school subject to this chapter shall do both of 75
the following:76

       (1) Inform the student of the disclosure requirement;77

       (2) Provide the student in either written or, if the school 78
has a secure web site, electronic form the meningitis and 79
hepatitis B vaccination status statement described in division (B) 80
of section 3701.133 of the Revised Code or a meningitis status 81
statement form provided by the school that meets the requirements 82
of division (B) of section 3701.133 of the Revised Code.83

        (D) This section does not require a school to provide or pay84
for a meningococcal meningitis or hepatitis B vaccination for any 85
student.86

       Sec. 3345.85. (A) As used in this section:87

       (1) "On-campus student housing" means a dormitory or other88
student residence that is owned or operated by, or located on the89
campus of a state institution of higher education.90

        (2) "Parent" means either parent, except that if one parent91
has sole custody, "parent" means the parent with custody. "Parent"92
also includes a guardian or, in the absence of a parent or93
guardian, another person who has accepted responsibility for the94
care of the student.95

       (B) Beginning with the academic year that commences on or 96
after July 1, 2005, a state institution of higher education shall 97
not permit a student to reside in on-campus student housing unless 98
the student, or, if the student is younger than eighteen years of 99
age, the student's parent, discloses to the institution whether 100
the student has been vaccinated against meningococcal meningitis 101
and hepatitis B by submitting to the institution the meningitis 102
and hepatitis B vaccination status statement described in division 103
(B) of section 3701.133 of the Revised Code or a meningitis status 104
statement form provided by the institution that meets the 105
requirements of division (B) of section 3701.133 of the Revised 106
Code. The statement may be submitted in written form or, if the 107
institution has a secure web site, in electronic form.108

       (C) On receipt of an application for residence in on-campus 109
student housing, a state institution of higher education shall do 110
both of the following:111

       (1) Inform the student of the disclosure requirement;112

       (2) Provide the student in either written or, if the 113
institution has a secure web site, electronic form the meningitis 114
and hepatitis B vaccination status statement described in division 115
(B) of section 3701.133 of the Revised Code or a meningitis status 116
statement form provided by the institution that meets the 117
requirements of division (B) of section 3701.133 of the Revised 118
Code.119

        (D) This section does not require an institution to provide120
or pay for a meningococcal meningitis or hepatitis B vaccination 121
for any student.122

       Sec. 3701.133. (A) The department of health shall make 123
available on its web site information about the risks associated 124
with meningococcal meningitis and hepatitis B, the availability of 125
vaccines, and the effectiveness of the vaccines. The department 126
shall provide written notice of the availability of meningococcal 127
meningitis and hepatitis B information on the web site to all of128
the following:129

       (1) Each city, local, exempted village, or joint vocational130
school district, as defined in Chapter 3311. of the Revised Code;131

       (2) Each nonpublic school, whether chartered, nonchartered,132
or nontax supported, that enrolls students in ninth grade or the133
equivalent educational level;134

       (3) Each community school created under section 3314.01 of135
the Revised Code, that enrolls students in ninth grade or the136
equivalent educational level;137

       (4) Each state institution of higher education, as defined in138
section 3345.011 of the Revised Code;139

       (5) Each nonprofit institution of higher education, as140
defined in section 1713.55 of the Revised Code;141

       (6) Each private career school, as defined in section 3332.01142
of the Revised Code. 143

       (B) In addition to the information provided for in division 144
(A) of this section, the department of health shall make available 145
on its web site, in a format suitable for downloading, a 146
meningitis and hepatitis B vaccination status statement form for a 147
student or, if the student is younger than eighteen years of age, 148
the student's parent, to complete to disclose whether the student 149
has been vaccinated against meningococcal meningitis and hepatitis 150
B. The form shall include all of the following:151

       (1) The information described in division (A) of this section 152
and a means for the student or the student's parent to acknowledge 153
having received and read the information;154

       (2) A space for the student or the student's parent to 155
indicate one of the following:156

       (a) The student has been vaccinated against meningococcal 157
meningitis, and the year the vaccination was given.158

       (b) The student has not been vaccinated against meningococcal 159
meningitis.160

       (3) A space for the student or the student's parent to 161
indicate one of the following:162

       (a) The student has been vaccinated against hepatitis B, and 163
the year the vaccination was given.164

       (b) The student has not been vaccinated against hepatitis B.165