Sub. H. B. No. 142 As Reported by the House Health Committee

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

A BILL

To enact sections 1713.55, 3332.25, 3345.85, and 1
3701.133 of the Revised Code regarding meningitis 2
vaccination status of students living in on-campus 3
housing at institutions of higher education. 4

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

       Section 1. That sections 1713.55, 3332.25, 3345.85, and 5
3701.133 of the Revised Code be enacted to read as follows: 6

       Sec. 1713.55. (A) As used in this section: 7

       (1) "Nonprofit institution of higher education" or 8
"institution" means a nonprofit college, university, or other 9
institution that offers instruction in the arts and sciences, 10
business administration, engineering, philosophy, literature, fine 11
arts, law, medicine, nursing, social work, theology, and other 12
recognized academic and professional fields of study, and awards 13
degrees for fulfilling requirements of academic work beyond high 14
school. 15

        (2) "On-campus student housing" means a dormitory or other 16
student residence that is owned or operated by or located on the 17
campus of a nonprofit institution of higher education. 18

       (3) "Parent" means either parent, except that if one parent 19
has sole custody, "parent" means the parent with custody. "Parent" 20
also includes a guardian or, in the absence of a parent or 21
guardian, another person who has accepted responsibility for the 22
care of the student. 23

       (B) Beginning with the academic year that commences on or 24
after July 1, 2004, a nonprofit institution of higher education 25
shall not permit a student to reside in on-campus student housing 26
unless the student, or, if the student is younger than eighteen 27
years of age, the student's parent, discloses to the institution 28
whether the student has been vaccinated against meningitis by 29
submitting to the institution the meningitis vaccination status 30
statement described in division (B) of section 3701.133 of the 31
Revised Code. The statement may be submitted in written form or, 32
if the institution has a secure website, in electronic form. 33

       (C) On receipt of an application for residence in on-campus 34
student housing, a nonprofit institution of higher education shall 35
do both of the following: 36

       (1) Inform the student of the disclosure requirement; 37

       (2) Provide the student in either written or, if the school 38
has a secure website, electronic form, the meningitis vaccination 39
status statement described in division (B) of section 3701.133 of 40
the Revised Code. 41

        (D) This section does not require an institution to provide 42
or pay for a meningitis vaccination for any student. 43

       Sec. 3332.25. (A) As used in this section: 44

       (1) "On-campus student housing" means a dormitory or other 45
student residence that is owned or operated by or located on the 46
campus of a school subject to this chapter. 47

        (2) "Parent" means either parent, except that if one parent 48
has sole custody, "parent" means the parent with custody. "Parent" 49
also includes a guardian or, in the absence of a parent or 50
guardian, another person who has accepted responsibility for the 51
care of the student. 52

       (B) Beginning with the academic year that commences on or 53
after July 1, 2004, a school subject to this chapter shall not 54
permit a student to reside in on-campus student housing unless the 55
student, or, if the student is younger than eighteen years of age, 56
the student's parent, discloses to the school whether the student 57
has been vaccinated against meningitis by submitting to the school 58
the meningitis vaccination status statement described in division 59
(B) of section 3701.133 of the Revised Code. The statement may be 60
submitted in written form or, if the school has a secure website, 61
in electronic form. 62

       (C) On receipt of an application for residence in on-campus 63
student housing, a school subject to this chapter shall do both of 64
the following: 65

       (1) Inform the student of the disclosure requirement; 66

       (2) Provide the student in either written or, if the school 67
has a secure website, electronic form, the meningitis vaccination 68
status statement described in division (B) of section 3701.133 of 69
the Revised Code. 70

        (D) This section does not require a school to provide or pay 71
for a meningitis vaccination for any student. 72

       Sec. 3345.85. (A) As used in this section: 73

       (1) "On-campus student housing" means a dormitory or other 74
student residence that is owned or operated by, or located on the 75
campus of a state institution of higher education. 76

        (2) "Parent" means either parent, except that if one parent 77
has sole custody, "parent" means the parent with custody. "Parent" 78
also includes a guardian or, in the absence of a parent or 79
guardian, another person who has accepted responsibility for the 80
care of the student. 81

       (B) Beginning with the academic year that commences on or 82
after July 1, 2004, a state institution of higher education shall 83
not permit a student to reside in on-campus student housing unless 84
the student, or, if the student is younger than eighteen years of 85
age, the student's parent, discloses to the institution whether 86
the student has been vaccinated against meningitis by submitting 87
to the institution the meningitis vaccination status statement 88
described in division (B) of section 3701.133 of the Revised Code. 89
The statement may be submitted in written form or, if the 90
institution has a secure website, in electronic form. 91

       (C) On receipt of an application for residence in on-campus 92
student housing, a state institution of higher education shall do 93
both of the following: 94

       (1) Inform the student of the disclosure requirement; 95

       (2) Provide the student in either written or, if the 96
institution has a secure website, electronic form, the meningitis 97
vaccination status statement described in division (B) of section 98
3701.133 of the Revised Code. 99

        (D) This section does not require an institution to provide 100
or pay for a meningitis vaccination for any student. 101

       Sec. 3701.133. (A) The department of health shall make 102
available on its web site information about the risks associated 103
with meningitis, the availability of a vaccine, and the 104
effectiveness of a vaccine. The department shall provide written 105
notice of the availability of meningitis information on the web 106
site to all of the following: 107

       (1) Each city, local, exempted village, or joint vocational 108
school district, as defined in Chapter 3311. of the Revised Code; 109

       (2) Each nonpublic school, whether chartered, nonchartered, 110
or nontax supported, that enrolls students in ninth grade or the 111
equivalent educational level; 112

       (3) Each community school created under section 3314.01 of 113
the Revised Code, that enrolls students in ninth grade or the 114
equivalent educational level; 115

       (4) Each state institution of higher education, as defined in 116
section 3345.011 of the Revised Code; 117

       (5) Each nonprofit institution of higher education, as 118
defined in section 1713.55 of the Revised Code; 119

       (6) Each private career school, as defined in section 3332.01 120
of the Revised Code. 121

       (B) In addition to the information provided for in division 122
(A) of this section, the department of health shall make available 123
on its web site, in a format suitable for downloading, a 124
meningitis vaccination status statement form for a student or, if 125
the student is younger than eighteen years of age, the student's 126
parent, to complete to disclose whether the student has been 127
vaccinated against meningitis. The form shall include all of the 128
following: 129

       (1) The information described in division (A) of this section 130
and a means for the student or the student's parent to acknowledge 131
having received and read the information; 132

       (2) A space for the student or the student's parent to 133
indicate one of the following: 134

       (a) The student has been vaccinated against meningitis; 135

       (b) The student has not been vaccinated against meningitis, 136
but will consider being vaccinated within a year of the date that 137
the form is signed. 138

Section 1. That sections 1713.55, 3332.25, 3345.85, and	5
3701.133 of the Revised Code be enacted to read as follows:	6

(1) "Nonprofit institution of higher education" or	8
"institution" means a nonprofit college, university, or other	9
institution that offers instruction in the arts and sciences,	10
business administration, engineering, philosophy, literature, fine	11
arts, law, medicine, nursing, social work, theology, and other	12
recognized academic and professional fields of study, and awards	13
degrees for fulfilling requirements of academic work beyond high	14
school.	15

(2) "On-campus student housing" means a dormitory or other	16
student residence that is owned or operated by or located on the	17
campus of a nonprofit institution of higher education.	18

(3) "Parent" means either parent, except that if one parent	19
has sole custody, "parent" means the parent with custody. "Parent"	20
also includes a guardian or, in the absence of a parent or	21
guardian, another person who has accepted responsibility for the	22
care of the student.	23

(B) Beginning with the academic year that commences on or	24
after July 1, 2004, a nonprofit institution of higher education	25
shall not permit a student to reside in on-campus student housing	26
unless the student, or, if the student is younger than eighteen	27
years of age, the student's parent, discloses to the institution	28
whether the student has been vaccinated against meningitis by	29
submitting to the institution the meningitis vaccination status	30
statement described in division (B) of section 3701.133 of the	31
Revised Code. The statement may be submitted in written form or,	32
if the institution has a secure website, in electronic form.	33

(C) On receipt of an application for residence in on-campus	34
student housing, a nonprofit institution of higher education shall	35
do both of the following:	36

(2) Provide the student in either written or, if the school	38
has a secure website, electronic form, the meningitis vaccination	39
status statement described in division (B) of section 3701.133 of	40
the Revised Code.	41

(D) This section does not require an institution to provide	42
or pay for a meningitis vaccination for any student.	43

(1) "On-campus student housing" means a dormitory or other	45
student residence that is owned or operated by or located on the	46
campus of a school subject to this chapter.	47

(2) "Parent" means either parent, except that if one parent	48
has sole custody, "parent" means the parent with custody. "Parent"	49
also includes a guardian or, in the absence of a parent or	50
guardian, another person who has accepted responsibility for the	51
care of the student.	52

(B) Beginning with the academic year that commences on or	53
after July 1, 2004, a school subject to this chapter shall not	54
permit a student to reside in on-campus student housing unless the	55
student, or, if the student is younger than eighteen years of age,	56
the student's parent, discloses to the school whether the student	57
has been vaccinated against meningitis by submitting to the school	58
the meningitis vaccination status statement described in division	59
(B) of section 3701.133 of the Revised Code. The statement may be	60
submitted in written form or, if the school has a secure website,	61
in electronic form.	62

(C) On receipt of an application for residence in on-campus	63
student housing, a school subject to this chapter shall do both of	64
the following:	65

(D) This section does not require a school to provide or pay	71
for a meningitis vaccination for any student.	72

(1) "On-campus student housing" means a dormitory or other	74
student residence that is owned or operated by, or located on the	75
campus of a state institution of higher education.	76

(B) Beginning with the academic year that commences on or	82
after July 1, 2004, a state institution of higher education shall	83
not permit a student to reside in on-campus student housing unless	84
the student, or, if the student is younger than eighteen years of	85
age, the student's parent, discloses to the institution whether	86
the student has been vaccinated against meningitis by submitting	87
to the institution the meningitis vaccination status statement	88
described in division (B) of section 3701.133 of the Revised Code.	89
The statement may be submitted in written form or, if the	90
institution has a secure website, in electronic form.	91

(C) On receipt of an application for residence in on-campus	92
student housing, a state institution of higher education shall do	93
both of the following:	94

(2) Provide the student in either written or, if the	96
institution has a secure website, electronic form, the meningitis	97
vaccination status statement described in division (B) of section	98
3701.133 of the Revised Code.	99

Sec. 3701.133. (A) The department of health shall make	102
available on its web site information about the risks associated	103
with meningitis, the availability of a vaccine, and the	104
effectiveness of a vaccine. The department shall provide written	105
notice of the availability of meningitis information on the web	106
site to all of the following:	107

(1) Each city, local, exempted village, or joint vocational	108
school district, as defined in Chapter 3311. of the Revised Code;	109

(2) Each nonpublic school, whether chartered, nonchartered,	110
or nontax supported, that enrolls students in ninth grade or the	111
equivalent educational level;	112

(3) Each community school created under section 3314.01 of	113
the Revised Code, that enrolls students in ninth grade or the	114
equivalent educational level;	115

(4) Each state institution of higher education, as defined in	116
section 3345.011 of the Revised Code;	117

(5) Each nonprofit institution of higher education, as	118
defined in section 1713.55 of the Revised Code;	119

(6) Each private career school, as defined in section 3332.01	120
of the Revised Code.	121

(B) In addition to the information provided for in division	122
(A) of this section, the department of health shall make available	123
on its web site, in a format suitable for downloading, a	124
meningitis vaccination status statement form for a student or, if	125
the student is younger than eighteen years of age, the student's	126
parent, to complete to disclose whether the student has been	127
vaccinated against meningitis. The form shall include all of the	128
following:	129

(1) The information described in division (A) of this section	130
and a means for the student or the student's parent to acknowledge	131
having received and read the information;	132

(2) A space for the student or the student's parent to	133
indicate one of the following:	134

(b) The student has not been vaccinated against meningitis,	136
but will consider being vaccinated within a year of the date that	137
the form is signed.	138