130th Ohio General Assembly
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H. B. No. 142  As Introduced
As Introduced

125th General Assembly
Regular Session
2003-2004
H. B. No. 142


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 



A BILL
To enact sections 1713.55, 3332.25, 3345.85, and 3701.133 of the Revised Code to establish a requirement that institutions of higher education require students living in on-campus housing to be vaccinated for meningitis or obtain a waiver of the vaccination requirement.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1713.55, 3332.25, 3345.85, and 3701.133 of the Revised Code be enacted to read as follows:
Sec. 1713.55. (A) As used in this section:
(1) "Nonprofit institution of higher education" or "institution" means a nonprofit college, university, or other institution that offers instruction in the arts and sciences, business administration, engineering, philosophy, literature, fine arts, law, medicine, nursing, social work, theology, and other recognized academic and professional fields of study, and awards degrees for fulfilling requirements of academic work beyond high school.
(2) "On-campus student housing" means a dormitory or other student residence that is owned or operated by or located on the campus of a nonprofit institution of higher education.
(3) "Parent" means either parent, except that if one parent has sole custody, "parent" means the parent with custody. "Parent" also includes a guardian or, in the absence of a parent or guardian, another person who has accepted responsibility for the care of the student.
(B) Except as provided by division (D) of this section, a nonprofit institution of higher education shall not permit a student to reside in on-campus student housing unless the student presents written evidence of having been vaccinated by a method of immunization against meningitis.
(C) On receipt of an application for residence in on-campus student housing, an institution shall do all of the following:
(1) Inform the student of the vaccination requirement;
(2) Provide the student in written form the information from the department of health web site that is described in section 3701.133 of the Revised Code;
(3) Inform the student that the vaccination requirement will be waived at the request of the student or, if the student is younger than eighteen years of age, at the request of the student's parent.
(D) An institution with on-campus student housing shall provide a waiver form to any student or parent who requests it. The form shall include a statement for the student or parent to acknowledge having received and read the information provided pursuant to division (C)(2) of this section. If a student or, if the student is younger than eighteen years of age, the student's parent, signs and returns the form to the institution, the institution shall waive the vaccination requirement.
(E) This section does not require an institution to provide or pay for a meningitis vaccination for any student.
Sec. 3332.25. (A) As used in this section:
(1) "On-campus student housing" means a dormitory or other student residence that is owned or operated by or located on the campus of a school subject to this chapter.
(2) "Parent" means either parent, except that if one parent has sole custody, "parent" means the parent with custody. "Parent" also includes a guardian or, in the absence of a parent or guardian, another person who has accepted responsibility for the care of the student.
(B) Except as provided by division (D) of this section, a school subject to this chapter shall not permit a student to reside in on-campus student housing unless the student presents written evidence of having been vaccinated by a method of immunization against meningitis.
(C) On receipt of an application for residence in on-campus student housing, a school shall do all of the following:
(1) Inform the student of the vaccination requirement;
(2) Provide the student in written form the information from the department of health web site that is described in section 3701.133 of the Revised Code;
(3) Inform the student that the vaccination requirement will be waived at the request of the student or, if the student is younger than eighteen years of age, at the request of the student's parent.
(D) A school with on-campus student housing shall provide a waiver form to any student or parent who requests it. The form shall include a statement for the student or parent to acknowledge having received and read the information provided pursuant to division (C)(2) of this section. If a student or, if the student is younger than eighteen years of age, the student's parent, signs and returns the form to the school, the school shall waive the vaccination requirement.
(E) This section does not require a school to provide or pay for a meningitis vaccination for any student.
Sec. 3345.85. (A) As used in this section:
(1) "On-campus student housing" means a dormitory or other student residence that is owned or operated by, or located on the campus of a state institution of higher education.
(2) "Parent" means either parent, except that if one parent has sole custody, "parent" means the parent with custody. "Parent" also includes a guardian or, in the absence of a parent or guardian, another person who has accepted responsibility for the care of the student.
(B) Except as provided by division (D) of this section, a state institution of higher education shall not permit a student to reside in on-campus student housing unless the student presents written evidence of having been vaccinated by a method of immunization against meningitis.
(C) On receipt of an application for residence in on-campus student housing, an institution shall do all of the following:
(1) Inform the student of the vaccination requirement;
(2) Provide the student in written form the information from the department of health web site that is described in section 3701.133 of the Revised Code;
(3) Inform the student that the vaccination requirement will be waived at the request of the student or, if the student is younger than eighteen years of age, the request of the student's parent.
(D) An institution with on-campus student housing shall provide a waiver form to any student or parent who requests it. The form shall include a statement for the student or parent to acknowledge having received and read the information provided pursuant to division (C)(2) of this section. If a student or, if the student is younger than eighteen years of age, the student's parent, signs and returns the form to the institution, the institution shall waive the vaccination requirement.
(E) This section does not require an institution to provide or pay for a meningitis vaccination for any student.
Sec. 3701.133. The department of health shall make available on its web site information about the risks associated with meningitis, the availability of a vaccine, and the effectiveness of a vaccine. The department shall provide written notice of the availability of meningitis information on the web site to all of the following:
(A) Each city, local, exempted village, or joint vocational school district, as defined in Chapter 3311. of the Revised Code;
(B) Each nonpublic school, whether chartered, nonchartered, or nontax supported, that enrolls students in ninth grade or the equivalent educational level;
(C) Each community school created under section 3314.01 of the Revised Code, that enrolls students in ninth grade or the equivalent educational level;
(D) Each state institution of higher education, as defined in section 3345.011 of the Revised Code;
(E) Each nonprofit institution of higher education, as defined in section 1713.55 of the Revised Code;
(F) Each private career school, as defined in section 3332.01 of the Revised Code.
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