Act No. 157 (S.199). Health; immunizations

An act relating to immunization exemptions and the immunization pilot program

This act requires schools and child care centers to make publicly available the aggregated immunization rates of the student body for each vaccine necessary to attend a school or child care facility where permitted under federal law. This information must be reported annually to the Vermont department of health (VDH) on a standardized form created by the department.

The act alters the provisional admittance and exemption requirements for those immunizations necessary to attend a school or child care facility. With regard to the provisional admittance, a person may continue to attend a school or child care facility for up to six months while in the process of being immunized. A person may receive a medical exemption for a specific vaccine until that vaccine is no longer deemed contraindicated. Both the provisional admittance and medical exemption must be either signed or certified by a licensed health care practitioner authorized to prescribe vaccines, or a health clinic in the case of the provisional admittance only.

Where a person or if a minor the person's parent or guardian holds a religious or philosophical conviction opposed to immunization, the act requires the person, parent, or guardian to annually provide to the child's school or child care facility a signed statement on a form created by VDH certifying that the person, parent, or guardian:

· Holds religious beliefs or philosophical convictions opposed to immunization

· Has read and understands educational material provided by VDH regarding immunizations

· Understands that failing to complete the required immunization schedule increases risk to both the person and others of carrying or contracting a vaccine-preventable disease

· Understands that there are persons with special health needs attending schools and child care facilities who are unable to receive immunizations and are at heightened risk of contracting a vaccine-preventable communicable disease

The act requires VDH to annually collect from schools the immunization rates for at least first and eighth grade students for each required vaccine. The data collected by the department must reflect the number of exemptions filed, as well as the number of students with a provisional admittance. This data is in addition to data already collected in accordance with the requirements of the Centers for Disease Control and Prevention. The act requires the department to report this information to the general assembly by January 15, 2014.

The act extends VDH's immunization pilot program through December 31, 2014.

It also convenes a working group on protecting immunocompromised students and students with special health needs to study the feasibility of allowing such students to enroll in a public school maintained by an adjoining school district with a higher immunization rate than the school maintained by the student's school district of residence. The act also directs the working group to study whether it is necessary and practicable to require adults employed at schools to be fully immunized. The working group must submit a report to the senate committee on health and welfare and house committee on health care by January 1, 2013.

Effective Date: July 1, 2012