REPRESENTATIVES Combs, Clancy, Young, Hollister, Collier, Flowers, Schneider, Schaffer, Wolpert, Hagan, Hughes, McGregor, Gibbs, Daniels, Walcher, Schmidt, Wilson, Jerse, Carano, Seaver, Harwood, Martin, Beatty, DeBose, S. Smith, Barrett

To amend sections 3313.671 and 3701.13 and to enact

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section 3701.134 of the Revised Code to require

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students to be immunized against chicken pox

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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 be amended and	5
section 3701.134 of the Revised Code be enacted to read as	6
follows:	7

Sec. 3313.671.  (A)(1) Except as otherwise provided in this	8
division (B) of this section, no pupil, at the time of initial	9
entry or at the beginning of each school year, to an elementary or	10
high school for which the state board of education prescribes	11
minimum standards pursuant to division (D) of section 3301.07 of	12
the Revised Code, shall be permitted to remain in school for more	13
than fourteen days unless the pupil presents written evidence	14
satisfactory to the person in charge of admission, that the pupil	15
has been immunized by a method of immunization approved by the	16
department of health pursuant to section 3701.13 of the Revised	17
Code against mumps, poliomyelitis, diphtheria, pertussis, tetanus,	18
rubeola, and rubella or is in the process of being so immunized.	19
Also, except	20

(2) Except as provided in this division (B) of this section,	21
no pupil who begins kindergarten at an elementary school subject	22
to the state board of education's minimum standards during or	23
after the school year beginning in 1999 shall be permitted to	24
remain in school for more than fourteen days unless the pupil	25
presents written evidence satisfactory to the person in charge of	26
admission that the pupil has been immunized by a department of	27
health-approved method of immunization against hepatitis B or is	28
in the process of being so immunized against both of the	29
following:	30

(a) During or after the school year beginning in 1999,	31
hepatitis B;	32

(b) During or after the school year beginning in 2006,	33
chicken pox. "In	34

(3) As used in divisions (A)(1) and (2) of this section, "in	35
the process of being so immunized" means the pupil has been	36
immunized against mumps, rubeola and, rubella, and chicken pox,	37
and if the pupil has not been immunized against poliomyelitis,	38
diphtheria, pertussis, tetanus, and hepatitis B, the pupil has	39
received at least the first dose of the immunization sequence, and	40
presents written evidence to the pupil's building principal or	41
chief administrative officer of each subsequent dose required to	42
obtain immunization at the intervals prescribed by the director of	43
health. Any student previously admitted under the "in process of	44
being so immunized" provision and who has not complied with the	45
immunization intervals prescribed by the director of health shall	46
be excluded from school on the fifteenth day of the following	47
school year. Any student so excluded shall be readmitted upon	48
showing evidence to the student's building principal or chief	49
administrative officer of progress on the director of health's	50
interval schedule.	51

(B)(1) A pupil who has had natural rubeola, and presents a	52
signed statement from the pupil's parent, guardian, or physician	53
to that effect, is not required to be immunized against rubeola.	54

(2) A pupil who has had natural mumps, and presents a signed	55
statement from the pupil's parent, guardian, or physician to that	56
effect, is not required to be immunized against mumps.	57

(3) A pupil who has had natural chicken pox, and presents a	58
signed statement from the pupil's parent, guardian, or physician	59
to that effect, is not required to be immunized against chicken	60
pox.	61

(4) A pupil who presents a written statement of the pupil's	62
parent or guardian in which the parent or guardian objects	63
declines to the immunization for good causehave the pupil	64
immunized for reasons of conscience, including religious	65
convictions, is not required to be immunized.	66

(4)(5) A child whose physician certifies in writing that such	67
immunization against any disease is medically contraindicated is	68
not required to be immunized against that disease. This section	69
does not limit or impair the right of a board of education of a	70
city, exempted village, or local school district to make and	71
enforce rules to secure immunization against mumps, poliomyelitis,	72
rubeola, rubella, diphtheria, pertussis, tetanus, and hepatitis B	73
of the pupils under its jurisdiction.	74

(B)(C) Boards of health, legislative authorities of municipal	75
corporations, and boards of township trustees on application of	76
the board of education of the district or proper authority of any	77
school affected by this section, shall provide at the public	78
expense, without delay, the means of immunization against mumps,	79
poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus,	80
and hepatitis B to pupils who are not so provided by their parents	81
or guardians.	82

Sec. 3701.13.  The department of health shall have	83
supervision of all matters relating to the preservation of the	84
life and health of the people and have ultimate authority in	85
matters of quarantine and isolation, which it may declare and	86
enforce, when neither exists, and modify, relax, or abolish, when	87
either has been established. ItThe department may approve means	88
methods of immunization against mumps, poliomyelitis, rubeola,	89
diphtheria, rubella (German measles), pertussis, tetanus, and	90
hepatitis Bthe diseases specified in section 3313.671 of the	91
Revised Code for the purpose of carrying out the provisions of	92
section 3313.671 of the Revised Codethat section and take such	93
actions as are necessary to encourage vaccination against those	94
diseases. It	95

The department may make special or standing orders or rules	96
for preventing the use of fluoroscopes for nonmedical purposes	97
which emit doses of radiation likely to be harmful to any person,	98
for preventing the spread of contagious or infectious diseases,	99
for governing the receipt and conveyance of remains of deceased	100
persons, and for such other sanitary matters as are best	101
controlled by a general rule. Whenever possible, the department	102
shall work in cooperation with the health commissioner of a	103
general or city health district. It may make and enforce orders in	104
local matters when an emergency exists, or when the board of	105
health of a general or city health district has neglected or	106
refused to act with sufficient promptness or efficiency, or when	107
such board has not been established as provided by sections	108
3709.02, 3709.03, 3709.05, 3709.06, 3709.11, 3709.12, and 3709.14	109
of the Revised Code. In such cases the necessary expense incurred	110
shall be paid by the general health district or city for which the	111
services are rendered.	112

The department may make evaluative studies of the nutritional	113
status of Ohio residents, and of the food and nutrition-related	114
programs operating within the state. Every agency of the state, at	115
the request of the department, shall provide information and	116
otherwise assist in the execution of such studies.	117

Sec. 3701.134.  To the extent appropriations made by the	118
general assembly make this possible, the director of health shall	119
provide, for the purpose of section 3313.671 of the Revised Code,	120
the means of immunization against chicken pox to boards of health,	121
legislative authorities of municipal corporations, and boards of	122
township trustees.	123

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