REPRESENTATIVES Combs, Clancy, Young, Hollister, Collier, Flowers, Schneider, Schaffer, Wolpert, Hagan, Hughes, McGregor, Gibbs, Daniels, Walcher, Schmidt, Wilson, Jerse, Carano, Seaver

To amend sections 3313.671 and 3701.13 of the Revised

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Code to require students to be immunized against

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chicken pox subject to certain exceptions.

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

Section 1. That sections 3313.671 and 3701.13 of the Revised	4
Code be amended to read as follows:	5

Sec. 3313.671.  (A)(1) Except as otherwise provided in this	6
division (B) of this section, no pupil, at the time of initial	7
entry or at the beginning of each school year, to an elementary or	8
high school for which the state board of education prescribes	9
minimum standards pursuant to division (D) of section 3301.07 of	10
the Revised Code, shall be permitted to remain in school for more	11
than fourteen days unless the pupil presents written evidence	12
satisfactory to the person in charge of admission, that the pupil	13
has been immunized by a method of immunization approved by the	14
department of health pursuant to section 3701.13 of the Revised	15
Code against mumps, poliomyelitis, diphtheria, pertussis, tetanus,	16
rubeola, and rubella or is in the process of being so immunized.	17
Also, except	18

(2) Except as provided in this division (B) of this section,	19
no pupil who begins kindergarten at an elementary school subject	20
to the state board of education's minimum standards during or	21
after the school year beginning in 1999 shall be permitted to	22
remain in school for more than fourteen days unless the pupil	23
presents written evidence satisfactory to the person in charge of	24
admission that the pupil has been immunized by a department of	25
health-approved method of immunization against hepatitis B or is	26
in the process of being so immunized against both of the	27
following:	28

(a) During or after the school year beginning in 1999,	29
hepatitis B;	30

(b) During or after the school year beginning in 2005,	31
chicken pox. "In	32

(3) As used in divisions (A)(1) and (2) of this section, "in	33
the process of being so immunized" means the pupil has been	34
immunized against mumps, rubeola and, rubella, and chicken pox,	35
and if the pupil has not been immunized against poliomyelitis,	36
diphtheria, pertussis, tetanus, and hepatitis B, the pupil has	37
received at least the first dose of the immunization sequence, and	38
presents written evidence to the pupil's building principal or	39
chief administrative officer of each subsequent dose required to	40
obtain immunization at the intervals prescribed by the director of	41
health. Any student previously admitted under the "in process of	42
being so immunized" provision and who has not complied with the	43
immunization intervals prescribed by the director of health shall	44
be excluded from school on the fifteenth day of the following	45
school year. Any student so excluded shall be readmitted upon	46
showing evidence to the student's building principal or chief	47
administrative officer of progress on the director of health's	48
interval schedule.	49

(B)(1) A pupil who has had natural rubeola, and presents a	50
signed statement from the pupil's parent, guardian, or physician	51
to that effect, is not required to be immunized against rubeola.	52

(2) A pupil who has had natural mumps, and presents a signed	53
statement from the pupil's parent, guardian, or physician to that	54
effect, is not required to be immunized against mumps.	55

(3) A pupil who has had natural chicken pox, and presents a	56
signed statement from the pupil's parent, guardian, or physician	57
to that effect, is not required to be immunized against chicken	58
pox.	59

(4) A pupil who presents a written statement of the pupil's	60
parent or guardian in which the parent or guardian objects	61
declines to the immunization for good causehave the pupil	62
immunized for reasons of conscience, including religious	63
convictions, is not required to be immunized.	64

(4)(5) A child whose physician certifies in writing that such	65
immunization against any disease is medically contraindicated is	66
not required to be immunized against that disease. This section	67
does not limit or impair the right of a board of education of a	68
city, exempted village, or local school district to make and	69
enforce rules to secure immunization against mumps, poliomyelitis,	70
rubeola, rubella, diphtheria, pertussis, tetanus, and hepatitis B	71
of the pupils under its jurisdiction.	72

(B)(C) Notwithstanding division (B) of this section, a school	73
may deny admission to a pupil otherwise excepted from immunization	74
requirements for a period of time specified by the director of	75
health if the director notifies the school's principal or chief	76
administrative officer that a risk to public health exists. The	77
existence of a risk shall be based on the circumstances	78
surrounding the risk and determined in the sole discretion of the	79
director.	80

(D) Boards of health, legislative authorities of municipal	81
corporations, and boards of township trustees on application of	82
the board of education of the district or proper authority of any	83
school affected by this section, shall provide at the public	84
expense, without delay, the means of immunization against mumps,	85
poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus,	86
and hepatitis B, and chicken pox to pupils who are not so provided	87
by their parents or guardians.	88

Sec. 3701.13.  The department of health shall have	89
supervision of all matters relating to the preservation of the	90
life and health of the people and have ultimate authority in	91
matters of quarantine and isolation, which it may declare and	92
enforce, when neither exists, and modify, relax, or abolish, when	93
either has been established. ItThe department may approve means	94
methods of immunization against mumps, poliomyelitis, rubeola,	95
diphtheria, rubella (German measles), pertussis, tetanus, and	96
hepatitis Bthe diseases specified in section 3313.671 of the	97
Revised Code for the purpose of carrying out the provisions of	98
section 3313.671 of the Revised Codethat section and take such	99
actions as are necessary to encourage vaccination against those	100
diseases. It	101

The department may make special or standing orders or rules	102
for preventing the use of fluoroscopes for nonmedical purposes	103
which emit doses of radiation likely to be harmful to any person,	104
for preventing the spread of contagious or infectious diseases,	105
for governing the receipt and conveyance of remains of deceased	106
persons, and for such other sanitary matters as are best	107
controlled by a general rule. Whenever possible, the department	108
shall work in cooperation with the health commissioner of a	109
general or city health district. It may make and enforce orders in	110
local matters when an emergency exists, or when the board of	111
health of a general or city health district has neglected or	112
refused to act with sufficient promptness or efficiency, or when	113
such board has not been established as provided by sections	114
3709.02, 3709.03, 3709.05, 3709.06, 3709.11, 3709.12, and 3709.14	115
of the Revised Code. In such cases the necessary expense incurred	116
shall be paid by the general health district or city for which the	117
services are rendered.	118

The department may make evaluative studies of the nutritional	119
status of Ohio residents, and of the food and nutrition-related	120
programs operating within the state. Every agency of the state, at	121
the request of the department, shall provide information and	122
otherwise assist in the execution of such studies.	123

Section 2. That existing sections 3313.671 and 3701.13 of the	124
Revised Code are hereby repealed.	125