As Passed by the Senate

125th General Assembly Regular Session 2003-2004

Sub. H. B. No. 463

Representatives Combs, Clancy, Hollister, Collier, Flowers, Schneider, Wolpert, Hagan, Hughes, McGregor, Daniels, Walcher, Wilson, Jerse, Carano, Seaver, Harwood, Martin, Beatty, DeBose, S. Smith, Barrett, Allen, C. Evans, Key, Mason, Miller, Otterman, S. Patton, Sferra, D. Stewart, Strahorn, Sykes 

Senators Armbruster, Harris, Spada, Robert Gardner 

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A BILL

To amend sections 3313.67, 3313.671, and 3701.13 and

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to enact section 3701.134 of the Revised Code to

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require students to be immunized against chicken

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pox subject to certain exceptions.

4

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

Section 1. That sections 3313.67, 3313.671, and 3701.13 be	5
amended and section 3701.134 of the Revised Code be enacted to	6
read as follows:	7

Sec. 3313.67.  (A) The(1) Except as provided in division	8
(A)(2) of this section, the board of education of each city,	9
exempted village, or local school district may make and enforce	10
such rules to secure the immunization of, and to prevent the	11
spread of communicable diseases among the pupils attending or	12
eligible to attend the schools of the district, as in its opinion	13
the safety and interest of the public require. Boards	14

(2) A board of education shall not adopt rules under division	15
(A)(1) of this section that are inconsistent with divisions (B)	16
and (C) of section 3313.671 of the Revised Code.	17

(B) Boards of health, legislative authorities of municipal	18
corporations, and boards of township trustees, on application of	19
the board of education of the district, at the public expense,	20
without delay, shall provide the means of immunization to pupils	21
who are not so provided by their parents or guardians.	22

(B)(C) The board of education shall keep an immunization	23
record for each pupil, available in writing to the pupil's parent	24
or guardian upon request, which shall include:	25

(1) Immunizations against the diseases mentioned in division	26
(A) of section 3313.671 of the Revised Code;	27

(2) Any tuberculin tests given pursuant to section 3313.71 of	28
the Revised Code;	29

(3) Any other immunizations required by the board pursuant to	30
division (A) of this section.	31

(C)(D) Annually by the fifteenth day of October, the board	32
shall report a summary, by school, of the immunization records of	33
all initial entry pupils in the district to the director of	34
health, on forms prescribed by the director.	35

Sec. 3313.671.  (A)(1) Except as otherwise provided in this	36
division (B) of this section, no pupil, at the time of initial	37
entry or at the beginning of each school year, to an elementary or	38
high school for which the state board of education prescribes	39
minimum standards pursuant to division (D) of section 3301.07 of	40
the Revised Code, shall be permitted to remain in school for more	41
than fourteen days unless the pupil presents written evidence	42
satisfactory to the person in charge of admission, that the pupil	43
has been immunized by a method of immunization approved by the	44
department of health pursuant to section 3701.13 of the Revised	45
Code against mumps, poliomyelitis, diphtheria, pertussis, tetanus,	46
rubeola, and rubella or is in the process of being so immunized.	47
Also, except	48

(2) Except as provided in this division (B) of this section,	49
no pupil who begins kindergarten at an elementary school subject	50
to the state board of education's minimum standards during or	51
after the school year beginning in 1999 shall be permitted to	52
remain in school for more than fourteen days unless the pupil	53
presents written evidence satisfactory to the person in charge of	54
admission that the pupil has been immunized by a department of	55
health-approved method of immunization against hepatitis B or is	56
in the process of being so immunized against both of the	57
following:	58

(a) During or after the school year beginning in 1999,	59
hepatitis B;	60

(b) During or after the school year beginning in 2006,	61
chicken pox. "In	62

(3) As used in divisions (A)(1) and (2) of this section, "in	63
the process of being so immunized" means the pupil has been	64
immunized against mumps, rubeola and, rubella, and chicken pox,	65
and if the pupil has not been immunized against poliomyelitis,	66
diphtheria, pertussis, tetanus, and hepatitis B, the pupil has	67
received at least the first dose of the immunization sequence, and	68
presents written evidence to the pupil's building principal or	69
chief administrative officer of each subsequent dose required to	70
obtain immunization at the intervals prescribed by the director of	71
health. Any student previously admitted under the "in process of	72
being so immunized" provision and who has not complied with the	73
immunization intervals prescribed by the director of health shall	74
be excluded from school on the fifteenth day of the following	75
school year. Any student so excluded shall be readmitted upon	76
showing evidence to the student's building principal or chief	77
administrative officer of progress on the director of health's	78
interval schedule.	79

(B)(1) A pupil who has had natural rubeola, and presents a	80
signed statement from the pupil's parent, guardian, or physician	81
to that effect, is not required to be immunized against rubeola.	82

(2) A pupil who has had natural mumps, and presents a signed	83
statement from the pupil's parent, guardian, or physician to that	84
effect, is not required to be immunized against mumps.	85

(3) A pupil who has had natural chicken pox, and presents a	86
signed statement from the pupil's parent, guardian, or physician	87
to that effect, is not required to be immunized against chicken	88
pox.	89

(4) A pupil who presents a written statement of the pupil's	90
parent or guardian in which the parent or guardian objects	91
declines to the immunization for good causehave the pupil	92
immunized for reasons of conscience, including religious	93
convictions, is not required to be immunized.	94

(4)(5) A child whose physician certifies in writing that such	95
immunization against any disease is medically contraindicated is	96
not required to be immunized against that disease. This section	97
does not limit or impair the right of a board of education of a	98
city, exempted village, or local school district to make and	99
enforce rules to secure immunization against mumps, poliomyelitis,	100
rubeola, rubella, diphtheria, pertussis, tetanus, and hepatitis B	101
of the pupils under its jurisdiction.	102

(B)(C) As used in this division, "chicken pox epidemic" means	103
the occurrence of cases of chicken pox in numbers greater than	104
expected in the school's population or for a particular period of	105
time.	106

Notwithstanding division (B) of this section, a school may	107
deny admission to a pupil otherwise exempted from the chicken pox	108
immunization requirement if the director of the state department	109
of health notifies the school's principal or chief administrative	110
officer that a chicken pox epidemic exists in the school's	111
population. The denial of admission shall cease when the director	112
notifies the principal or officer that the epidemic no longer	113
exists.	114

The board of education or governing body of each school	115
subject to this section shall adopt a policy that prescribes	116
methods whereby the academic standing of a pupil who is denied	117
admission during a chicken pox epidemic may be preserved.	118

(D) Boards of health, legislative authorities of municipal	119
corporations, and boards of township trustees on application of	120
the board of education of the district or proper authority of any	121
school affected by this section, shall provide at the public	122
expense, without delay, the means of immunization against mumps,	123
poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus,	124
and hepatitis B to pupils who are not so provided by their parents	125
or guardians.	126

Sec. 3701.13.  The department of health shall have	127
supervision of all matters relating to the preservation of the	128
life and health of the people and have ultimate authority in	129
matters of quarantine and isolation, which it may declare and	130
enforce, when neither exists, and modify, relax, or abolish, when	131
either has been established. ItThe department may approve means	132
methods of immunization against mumps, poliomyelitis, rubeola,	133
diphtheria, rubella (German measles), pertussis, tetanus, and	134
hepatitis Bthe diseases specified in section 3313.671 of the	135
Revised Code for the purpose of carrying out the provisions of	136
section 3313.671 of the Revised Codethat section and take such	137
actions as are necessary to encourage vaccination against those	138
diseases. It	139

The department may make special or standing orders or rules	140
for preventing the use of fluoroscopes for nonmedical purposes	141
which emit doses of radiation likely to be harmful to any person,	142
for preventing the spread of contagious or infectious diseases,	143
for governing the receipt and conveyance of remains of deceased	144
persons, and for such other sanitary matters as are best	145
controlled by a general rule. Whenever possible, the department	146
shall work in cooperation with the health commissioner of a	147
general or city health district. It may make and enforce orders in	148
local matters when an emergency exists, or when the board of	149
health of a general or city health district has neglected or	150
refused to act with sufficient promptness or efficiency, or when	151
such board has not been established as provided by sections	152
3709.02, 3709.03, 3709.05, 3709.06, 3709.11, 3709.12, and 3709.14	153
of the Revised Code. In such cases the necessary expense incurred	154
shall be paid by the general health district or city for which the	155
services are rendered.	156

The department may make evaluative studies of the nutritional	157
status of Ohio residents, and of the food and nutrition-related	158
programs operating within the state. Every agency of the state, at	159
the request of the department, shall provide information and	160
otherwise assist in the execution of such studies.	161

Sec. 3701.134.  To the extent appropriations made by the	162
general assembly make this possible, the director of health shall	163
provide, for the purpose of section 3313.671 of the Revised Code,	164
the means of immunization against chicken pox to boards of health,	165
legislative authorities of municipal corporations, and boards of	166
township trustees.	167

Section 2. That existing sections 3313.67, 3313.671, and	168
3701.13 of the Revised Code are hereby repealed.	169