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To amend section 3313.671 and to enact sections | 1 |
3701.36, 3701.361, and 3701.362 of the Revised | 2 |
Code to require that girls entering the sixth | 3 |
grade be vaccinated against the human | 4 |
papillomavirus (HPV) and to create the HPV | 5 |
Immunization Advisory Committee. | 6 |
Section 1. That section 3313.671 be amended and sections | 7 |
3701.36, 3701.361, and 3701.362 of the Revised Code be enacted to | 8 |
read as follows: | 9 |
Sec. 3313.671. (A)(1) Except as otherwise provided in | 10 |
division (B) of this section, no pupil, at the time of initial | 11 |
entry or at the beginning of each school year, to an elementary or | 12 |
high school for which the state board of education prescribes | 13 |
minimum standards pursuant to division (D) of section 3301.07 of | 14 |
the Revised Code, shall be permitted to remain in school for more | 15 |
than fourteen days unless the pupil presents written evidence | 16 |
satisfactory to the person in charge of admission, that the pupil | 17 |
has been immunized by a method of immunization approved by the | 18 |
department of health pursuant to section 3701.13 of the Revised | 19 |
Code against mumps, poliomyelitis, diphtheria, pertussis, tetanus, | 20 |
rubeola, and rubella or is in the process of being immunized. | 21 |
(2) Except as provided in division (B) of this section, no | 22 |
pupil who begins kindergarten at an elementary school subject to | 23 |
the state board of education's minimum standards shall be | 24 |
permitted to remain in school for more than fourteen days unless | 25 |
the pupil presents written evidence satisfactory to the person in | 26 |
charge of admission that the pupil has been immunized by a | 27 |
department of health-approved method of immunization or is in the | 28 |
process of being immunized against both of the following: | 29 |
(a) During or after the school year beginning in 1999, | 30 |
hepatitis B; | 31 |
(b) During or after the school year beginning in 2006, | 32 |
chicken pox. | 33 |
(3) Beginning in the 2008-2009 school year, except as | 34 |
provided in division (B) of this section, no female pupil who | 35 |
begins sixth grade at a school subject to the state board of | 36 |
education's minimum standards shall be permitted to remain in | 37 |
school for more than fourteen days unless the pupil presents | 38 |
written evidence satisfactory to the person in charge of admission | 39 |
that the pupil has been immunized by a department of | 40 |
health-approved method of immunization or is in the process of | 41 |
being immunized against the human papillomavirus. | 42 |
(4) As used in divisions (A)(1) | 43 |
section, "in the process of being immunized" means the pupil has | 44 |
been immunized against mumps, rubeola, rubella, and chicken pox, | 45 |
and if the pupil has not been immunized against poliomyelitis, | 46 |
diphtheria, pertussis, tetanus, | 47 |
papillomavirus, the pupil has received at least the first dose of | 48 |
the immunization sequence, and presents written evidence to the | 49 |
pupil's building principal or chief administrative officer of each | 50 |
subsequent dose required to obtain immunization at the intervals | 51 |
prescribed by the director of health. Any student previously | 52 |
admitted under the "in process of being immunized" provision and | 53 |
who has not complied with the immunization intervals prescribed by | 54 |
the director of health shall be excluded from school on the | 55 |
fifteenth day of the following school year. Any student so | 56 |
excluded shall be readmitted upon showing evidence to the | 57 |
student's building principal or chief administrative officer of | 58 |
progress on the director of health's interval schedule. | 59 |
(B)(1) A pupil who has had natural rubeola, and presents a | 60 |
signed statement from the pupil's parent, guardian, or physician | 61 |
to that effect, is not required to be immunized against rubeola. | 62 |
(2) A pupil who has had natural mumps, and presents a signed | 63 |
statement from the pupil's parent, guardian, or physician to that | 64 |
effect, is not required to be immunized against mumps. | 65 |
(3) A pupil who has had natural chicken pox, and presents a | 66 |
signed statement from the pupil's parent, guardian, or physician | 67 |
to that effect, is not required to be immunized against chicken | 68 |
pox. | 69 |
(4) A pupil who presents a written statement of the pupil's | 70 |
parent or guardian in which the parent or guardian declines to | 71 |
have the pupil immunized for reasons of conscience, including | 72 |
religious convictions, is not required to be immunized. | 73 |
(5) A child whose physician certifies in writing that such | 74 |
immunization against any disease is medically contraindicated is | 75 |
not required to be immunized against that disease. | 76 |
(6) A female pupil who presents a written, signed statement | 77 |
of the pupil's parent or guardian in which the parent or guardian | 78 |
attests to having received the information on the connection | 79 |
between the human papillomavirus and cervical cancer disseminated | 80 |
under section 3701.362 of the Revised Code and in which the parent | 81 |
or guardian declines to have the pupil immunized is not required | 82 |
to be immunized against the human papillomavirus. | 83 |
(C) As used in this division, "chicken pox epidemic" means | 84 |
the occurrence of cases of chicken pox in numbers greater than | 85 |
expected in the school's population or for a particular period of | 86 |
time. | 87 |
Notwithstanding division (B) of this section, a school may | 88 |
deny admission to a pupil otherwise exempted from the chicken pox | 89 |
immunization requirement if the director of the state department | 90 |
of health notifies the school's principal or chief administrative | 91 |
officer that a chicken pox epidemic exists in the school's | 92 |
population. The denial of admission shall cease when the director | 93 |
notifies the principal or officer that the epidemic no longer | 94 |
exists. | 95 |
The board of education or governing body of each school | 96 |
subject to this section shall adopt a policy that prescribes | 97 |
methods whereby the academic standing of a pupil who is denied | 98 |
admission during a chicken pox epidemic may be preserved. | 99 |
(D) Boards of health, legislative authorities of municipal | 100 |
corporations, and boards of township trustees on application of | 101 |
the board of education of the district or proper authority of any | 102 |
school affected by this section, shall provide at the public | 103 |
expense, without delay, the means of immunization against mumps, | 104 |
poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus, | 105 |
106 | |
not so provided by their parents or guardians. Immunizations | 107 |
against the human papillomavirus shall be adminstered only to | 108 |
girls under this division. | 109 |
Sec. 3701.36. (A) The HPV immunization advisory committee is | 110 |
hereby created within the department of health. The committee | 111 |
shall consist of the following members: | 112 |
(1) Two individuals appointed by the president of the senate; | 113 |
(2) Two individuals appointed by the speaker of the house of | 114 |
representatives; | 115 |
(3) Three individuals appointed by the governor. | 116 |
Members of the committee shall serve at the pleasure of the | 117 |
appointing authority. Vacancies shall be filled in the manner | 118 |
provided for original appointments. Members shall serve without | 119 |
compensation. | 120 |
(B) The committee shall meet as it determines necessary to | 121 |
carry out its duties prescribed under this section. The committee | 122 |
shall: | 123 |
(1) Assist the department in identifying materials that | 124 |
contain information regarding the risks associated with the human | 125 |
papillomavirus and cervical cancer and the availability, | 126 |
effectiveness, and potential risks of the human papillomavirus | 127 |
vaccine; | 128 |
(2) Approve or disapprove materials identified by the | 129 |
department under division (B)(1) of this section; | 130 |
(3) Advise in the marketing and dissemination of the approved | 131 |
materials under section 3701.362 of the Revised Code. | 132 |
(C) Once the committee approves materials under division (B) | 133 |
of this section, the department shall deliver a copy of the | 134 |
approved materials to the Columbus offices of the chairpersons of | 135 |
the standing committees of the house of representatives and the | 136 |
senate that consider issues pertaining to public health. | 137 |
Sec. 3701.361. After the department of health delivers a | 138 |
copy of informational materials under section 3701.36 of the | 139 |
Revised Code, each committee chairperson to whom the materials | 140 |
were delivered shall convene at least one hearing of the standing | 141 |
committee to consider the materials and recommendations to the | 142 |
general assembly. | 143 |
Both houses of the general assembly shall approve or | 144 |
disapprove the materials by passing a concurrent resolution not | 145 |
later than forty-five days after the first day that both houses of | 146 |
the general assembly convene for a voting session following the | 147 |
delivery of materials to the committee chairpersons. If the | 148 |
materials are delivered to the chairpersons on different days, the | 149 |
forty-five days shall commence on the first day that both houses | 150 |
convene for a voting session following the later delivery. If the | 151 |
materials are delivered to either chairperson less than forty-five | 152 |
days before the general assembly adjourns sine die, the forty-five | 153 |
days shall commence on the first day the next general assembly is | 154 |
in session. | 155 |
If the general assembly passes a concurrent resolution | 156 |
disapproving the proposed materials, the concurrent resolution | 157 |
shall state specific objections to those materials. The HPV | 158 |
immunization advisory committee shall revise the proposed | 159 |
materials based on the general assembly's objections, and the | 160 |
department shall resubmit them for the general assembly's approval | 161 |
in accordance with division (C) of section 3701.36 of the Revised | 162 |
Code. | 163 |
If the general assembly passes a concurrent resolution | 164 |
approving the proposed materials, the department shall disseminate | 165 |
those materials pursuant to section 3701.632 of the Revised Code. | 166 |
If the general assembly does not pass a concurrent resolution | 167 |
with respect to the proposed materials within the forty-five-day | 168 |
period, those materials shall be deemed approved, and the | 169 |
department shall disseminate those materials pursuant to section | 170 |
3701.362 of the Revised Code. | 171 |
Sec. 3701.362. Once the informational materials have been | 172 |
approved by the general assembly in accordance with section | 173 |
3701.361 of the Revised Code, the department shall notify each | 174 |
school in the state that includes fifth or sixth grade of the | 175 |
availability of the materials, direct the annual dissemination of | 176 |
the approved materials to all female students in the fifth grade | 177 |
in the state, and post the materials on its web site. | 178 |
Section 2. That existing section 3313.671 of the Revised | 179 |
Code is hereby repealed. | 180 |