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Sub. H. B. No. 463As Reported by the House Health CommitteeAs Reported by the House Health Committee
125th General Assembly | Regular Session | 2003-2004 |
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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
A BILL
To amend sections 3313.671 and 3701.13 and to enact section 3701.134 of the Revised Code to require students to be immunized against chicken pox subject to certain exceptions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3313.671 and 3701.13 be amended and section 3701.134 of the Revised Code be enacted to read as follows:
Sec. 3313.671. (A)(1) Except as otherwise provided in this
division (B) of this section, no pupil, at the time of initial entry or at the
beginning of each school year, to an elementary or high school
for which the state board of education prescribes minimum
standards pursuant to division (D) of section 3301.07 of the
Revised Code, shall be permitted to remain in school for more
than fourteen days unless the pupil presents written evidence
satisfactory to the person in charge of admission, that the
pupil has been immunized by a method of immunization approved by the
department of health pursuant to section 3701.13 of the Revised
Code against mumps, poliomyelitis, diphtheria, pertussis,
tetanus, rubeola, and rubella
or is in the process of being so
immunized.
Also, except (2) Except as provided in this division (B) of this section, no pupil who
begins kindergarten at an elementary school subject to the state
board of education's minimum standards during or after the
school year beginning in 1999 shall be permitted to remain in
school for more than fourteen days unless the pupil presents
written evidence satisfactory to the person in charge of
admission that the pupil has been immunized by a department of
health-approved method of immunization against hepatitis B or is
in the process of being so
immunized against both of the following: (a) During or after the school year beginning in 1999, hepatitis B; (b) During or after the school year beginning in 2006, chicken pox.
"In (3) As used in divisions (A)(1) and (2) of this section, "in the process of being so immunized" means the
pupil has been immunized against mumps, rubeola and, rubella, and chicken pox, and
if the pupil has not been immunized against poliomyelitis,
diphtheria, pertussis, tetanus, and hepatitis
B, the pupil has received at
least the
first dose of the immunization sequence, and presents written
evidence to the pupil's building principal or chief administrative officer of each subsequent
dose required to obtain immunization at the intervals prescribed
by the director of health. Any student previously admitted under
the "in process of being so immunized" provision and who has not
complied with the immunization intervals prescribed by the
director of health shall be excluded from school on the fifteenth
day of the following school year. Any student so excluded shall
be readmitted upon showing evidence to the student's building
principal or chief administrative officer of progress on the director of health's interval
schedule. (B)(1) A pupil who has had natural rubeola, and presents a
signed statement from the pupil's parent, guardian, or physician to
that effect, is
not required to be immunized against rubeola. (2) A pupil who has had natural mumps, and presents a
signed statement from the pupil's parent, guardian, or physician to
that effect, is
not required to be immunized against mumps. (3) A pupil who has had natural chicken pox, and presents a signed statement from the pupil's parent, guardian, or physician to that effect, is not required to be immunized against chicken pox. (4) A pupil who presents a written statement of the pupil's
parent or guardian in which the parent or guardian objects declines to the immunization
for good cause have the pupil immunized for reasons of conscience, including religious convictions, is
not required to be immunized. (4)(5) A child whose physician certifies in writing that such
immunization against any disease is medically contraindicated is
not required to be immunized against that disease. This section
does not limit or impair the right of a board of education of a
city, exempted village, or local school district to make and
enforce rules to secure immunization against mumps,
poliomyelitis, rubeola, rubella, diphtheria, pertussis,
tetanus, and hepatitis B of the pupils under its
jurisdiction.
(B)(C) Boards of health, legislative authorities of municipal
corporations, and boards of township trustees on application of
the board of education of the district or proper authority of any
school affected by this section, shall provide at the public
expense, without delay, the means of immunization against mumps,
poliomyelitis, rubeola, rubella, diphtheria, pertussis,
tetanus, and hepatitis B to pupils who are not so
provided by their parents or
guardians.
Sec. 3701.13. The department of health shall have
supervision of all matters relating to the preservation of the
life and health of the people and have ultimate authority in
matters of quarantine
and isolation, which it may declare and
enforce, when
neither exists, and modify, relax, or abolish,
when
either has been
established. It The department may approve means methods of
immunization against
mumps,
poliomyelitis, rubeola, diphtheria,
rubella (German measles),
pertussis, tetanus, and hepatitis B the diseases specified in section 3313.671 of the Revised Code for
the
purpose of carrying out the
provisions of section 3313.671 of
the Revised Code that section
and take such actions as are necessary to encourage
vaccination against those diseases. It The department may make
special or
standing orders or rules
for preventing the use of
fluoroscopes
for nonmedical purposes
which emit doses of
radiation likely to be
harmful to any person,
for preventing the
spread of contagious or
infectious diseases,
for governing the
receipt and conveyance of
remains of deceased
persons, and for
such other sanitary matters
as are best
controlled by a general
rule. Whenever possible, the department shall work in cooperation with the health commissioner of a general or city health district. It may make and enforce
orders in
local matters when an
emergency exists, or when the
board of
health of a general or
city health district has neglected
or
refused to act with
sufficient promptness or efficiency, or
when
such board has not
been established as provided by sections
3709.02, 3709.03,
3709.05, 3709.06, 3709.11, 3709.12, and 3709.14
of the Revised
Code. In such cases the necessary expense incurred
shall be paid
by the general health district or city for which the
services are
rendered. The department may make evaluative studies of the
nutritional
status of Ohio residents, and of the food and
nutrition-related
programs operating within the state. Every
agency of the state,
at the request of the department, shall
provide information and
otherwise assist in the execution of such
studies. Sec. 3701.134. To the extent appropriations made by the general assembly make this possible, the director of health shall provide, for the purpose of section 3313.671 of the Revised Code, the means of immunization against chicken pox to boards of health, legislative authorities of municipal corporations, and boards of township trustees.
Section 2. That existing sections 3313.671 and 3701.13 of the Revised Code are hereby repealed.
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