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GA Info
TITLE 20. EDUCATION
CHAPTER 2. ELEMENTARY AND SECONDARY EDUCATION
ARTICLE 16. STUDENTS
PART 3. HEALTH
O.C.G.A. § 20-2-771 (2007)
§ 20-2-771.
Immunization of students
(a) As used in this Code section, the term:
(1) "Certificate of immunization"
means certification by a physician licensed under the laws of
this state or by an appropriate official of a local board of health,
on a form provided by the Department of Human Resources, that
a named person has been immunized in accordance with the applicable
rules and regulations of the Department of Human Resources.
(2) "Facility" means any public or private day-care
center or nursery intended for the care, supervision, or instruction
of children.
(3) "Responsible official" means a county school superintendent,
a school principal, or a chief operating officer of a school or
facility.
(4) "School" means any public or private educational
program or institution instructing children at any level or levels,
kindergarten through twelfth grade, or children of ages five through
19 if grade divisions are not used.
(b) No child shall be admitted to or attend any
school or facility in this state unless the child shall first have
submitted a certificate of immunization to the responsible official
of the school or facility. The responsible official of any school
or facility may grant a 30 calendar day waiver of the certification
requirement for a justified reason. The waiver may be extended from
the date of first admittance or of first attendance, whichever is
earlier, for up to 90 calendar days provided documentation is on
file at the school or facility from the local health department
or a physician specifying that an immunization sequence has been
started and that this immunization time schedule can be completed
within the 90 day waiver period, provided confirmation is received
during the waiver period from the health department or physician
that immunizations are being received as scheduled, and provided
the student under waiver is a transfer student, who is defined as
a student who moves from an out-of-state school system to a Georgia
school system, or a student entering kindergarten or first grade
from out of state. The waiver may not be extended beyond 90 calendar
days; and upon expiration of the waiver, the child shall not be
admitted to or be permitted to attend the school or facility unless
the child submits a certificate of immunization.
(c) The Department of Human Resources shall promulgate
rules and regulations specifying those diseases against which immunization
is required and the standards for such immunizations. The school
or facility shall maintain on file the certificates of immunization
for all children attending the school or facility. All facilities
shall file a report annually with the Department of Human Resources.
The report shall be filed on forms prepared by the Department of
Human Resources and shall state the number of children attending
the school or facility, the number of children who did not submit
certificates of immunization within the waiver period, and the number
of children who are exempted from the certification requirement
for medical or religious reasons.
(d) If, after examination by the local board
of health or any physician licensed under the laws of this state
or of any other state having comparable laws governing the licensure
of physicians, any child to whom this Code section applies is found
to have any physical disability which may make vaccination undesirable,
a certificate to that effect issued by the local board of health
or such physician licensed under the laws of this or such other
state may be accepted in lieu of a certificate of immunization and
shall exempt the child from the requirement of obtaining a certificate
of immunization until the disability is relieved.
(e) This Code section shall not apply to a child
whose parent or legal guardian objects to immunization of the child
on the grounds that the immunization conflicts with the religious
beliefs of the parent or guardian; however, the immunization may
be required in cases when such disease is in epidemic stages. For
a child to be exempt from immunization on religious grounds, the
parent or guardian must first furnish the responsible official of
the school or facility an affidavit in which the parent or guardian
swears or affirms that the immunization required conflicts with
the religious beliefs of the parent or guardian.
(f) During an epidemic or a threatened epidemic
of any disease preventable by an immunization required by the Department
of Human Resources, children who have not been immunized may be
excluded from the school or facility until (1) they are immunized
against the disease, unless they present valid evidence of prior
disease, or (2) the epidemic or threat no longer constitutes a significant
public health danger.
(g) The requirement of a certificate of immunization
shall become effective for all children entering or attending facilities
on or after April 7, 1981. The certification requirement shall apply
to all children entering or attending schools:
(1) On September 1, 1981, for all such children
entering or attending kindergarten or the first, ninth, tenth,
eleventh, or twelfth grades, or of the equivalent ages if grade
divisions are not used;
(2) On September 1, 1982, for all such children entering or attending
all grades, or of all ages if grade divisions are not used.
(h) Any responsible official permitting any child
to remain in a school or facility in violation of this Code section,
and any parent or guardian who intentionally does not comply with
this Code section, shall be guilty of a misdemeanor and, upon conviction
thereof, shall be punished by a fine of not more than $100.00 or
by imprisonment for not more than 12 months. The Department of Human
Resources may adopt rules and regulations for the enforcement of
this Code section. The Department of Human Resources and the local
board of health, or either of them, may institute a civil action
in the superior court of the county in which the defendant resides
for injunctive relief to prevent a threatened or continuing violation
of any provision of this Code section. and upon the school authorities
the duty of fixing the rules and regulations under which they shall
attend.
GEORGIA RULES AND REGULATIONS
CHAPTER 290. DEPARTMENT OF HUMAN RESOURCES
CHAPTER 290-5. PUBLIC HEALTH
CHAPTER 290-5-4. IMMUNIZATION OF CHILDREN
AS A PREREQUISITE TO ADMISSION TO SCHOOLS AND OTHER FACILITIES
1. 290-5-4-.02 (2007) Immunization
Required.
(1) Except as otherwise provided by law or herein specified, immunization
as specified by section 290-5-4-.03 of this chapter against the
following named diseases, shall be required for entrance into any
school or facility operating in the state:
(a) Diphtheria;
(b) Pertussis;
(c) Tetanus;
(d) Poliomyelitis;
(e) Measles;
(f) Rubella;
(g) Mumps;
(h) Haemophilus influenzae type B (Not required on or after 5th
birthday);
(i) Hepatitis B;
(j) Varicella;
(k) Pneumococcal (Not required on or after 5th birthday);
(l) Hepatitis A.
(2) For any child attending any school or facility
in the state of Georgia
for the first time, a parent or guardian must submit a valid certificate
of immunization. School or facility officials, for justified reasons,
may allow a child to attend for up to 30 calendar days after first
admittance without a valid certificate of immunization. Certificates
of Immunization are to be issued in accord with the current Official
Immunization Schedules. A certificate may be issued for a child
who has not received all required immunizations with the conditions
that the child is in the process of completing required immunizations
and that immunizations are being scheduled with the shortest intervals
recommended in the current Official Immunization Schedules. The
certificate must be retained and monitored for currency by the school
or facility while the child continues in attendance and must be
made available for inspection during normal business hours by authorized
health authority officials. When a child transfers to another school
or facility, the certificate of immunization must be transferred.
When a child ceases to attend without transfer, the certificate
should be returned to the parent or guardian.
(3) A certificate for a child who is in the
process of receiving all required vaccines must have a date of expiration
that relates to the date the next required immunization is due or
the date on which a medical exemption must be reviewed. A new certificate
must then be obtained and submitted to the school or facility within
30 days after the expiration date. Children whose parents fail to
renew said certificates within the time allotted shall not be permitted
to continue in attendance.
(4) Effective July 1, 2007 for entrance into
kindergarten and for new entrants into a Georgia School, students
must have a total of two (2) doses of measles vaccine, two (2) doses
of mumps vaccine, one (1) dose of rubella vaccine and a total of
two (2) doses of varicella (chickenpox) vaccine.
(5) Effective July 1, 2007 for entrance into
grade six (6), students must have a total of two (2) doses of measles
vaccine, two (2) doses of mumps vaccine, one (1) dose of rubella
vaccine and two (2) doses of varicella (chickenpox) vaccine.
(6) Effective July 1, 2007 children attending
any childcare facility (including prekindergarten programs) must
show evidence of protection against neumococcal disease.
(7) Effective July 1, 2007 children born on
or after January 1, 2006 who are attending childcare facilities
(including pre-kindergarten programs) and schools must have proof
of protection against hepatitis A disease (vaccination or serology).
(8) Requirements for hepatitis A, hepatitis
B, measles, mumps, rubella and varicella vaccines may be waived
with serologic proof of immunity. Requirements for varicella vaccine
may be waived also with a healthcare provider diagnosis of varicella
disease or healthcare provider verification of history of varicella
disease.
TITLE 31. HEALTH
CHAPTER 12. CONTROL OF HAZARDOUS CONDITIONS,
PREVENTABLE DISEASES, AND METABOLIC DISORDERS
O.C.G.A. § 31-12-3 (2007) 31-12-3.
Power to require immunization
and other preventive measures
(a) The department and all county boards of health
are empowered to require, by appropriate rules and regulations,
persons located within their respective jurisdictions to submit
to vaccination against contagious or infectious disease where the
particular disease may occur, whether or not the disease may be
an active threat. The department may, in addition, require such
other measures to prevent the conveyance of infectious matter from
infected persons to other persons as may be necessary and appropriate.
The department shall promulgate appropriate rules and regulations
for the implementation of the provisions for the Code section in
the case of a declaration of a public health emergency and shall
include provisions permitting consideration of the opinion of a
person's personal physician as to whether the vaccination is medically
appropriate or advisable for such person. Such rules and regulations
shall be adopted pursuant to Chapter 13 of Title 50, the "Georgia
Administrative Procedure Act," but shall be automatically referred
by the Office of Legislative Counsel to the House of Representatives
and Senate Committees on the Judiciary.
(b) In the absence of an epidemic or immediate
threat thereof, this Code section shall not apply to any person
who objects in writing thereto on grounds that such immunization
conflicts with his religious beliefs.
O.C.G.A. § 31-12-3.2 (2007)
§ 31-12-3.2. Meningococcal disease;
vaccinations; disclosures
(a) Every public and nonpublic postsecondary
educational institution shall provide to each newly admitted freshman
or matriculated student residing in campus housing as defined by
the postsecondary educational institution or to the student's parent
or guardian if the student is a minor, the following information:
(1) Meningococcal disease is a serious disease
that can lead to death within only a few hours of onset; one in
ten cases is fatal; and one in seven survivors of the disease
is left with a severe disability, such as the loss of a limb,
mental retardation, paralysis, deafness, or seizures;
(2) Meningococcal disease is contagious but a largely preventable
infection of the spinal cord fluid and the fluid that surrounds
the brain;
(3) Scientific evidence suggests that college students living
in dormitory facilities are at a moderately increased risk of
contracting meningococcal disease; and
(4) Immunization against meningococcal disease will decrease the
risk of the disease.
(b) Students who are 18 years of age or older
shall be required to sign a document provided by the postsecondary
educational institution stating that he or she has received a vaccination
against meningococcal disease or reviewed the information provided
as required by subsection (a) of this Code section. If a student
is a minor, only a parent or guardian may sign such document.
(c) Nothing in this Code section shall be construed
to require any postsecondary educational institution to provide
or pay for vaccinations of students against meningococcal disease.
(d) Any postsecondary educational institution
that has made a reasonable effort to comply with this Code section
shall not be liable for damages or injuries sustained by a student
by reason of such student's contracting meningococcal disease.
BOARD OF REGENTS OF THE UNIVERSITY SYSTEM
OF GEORGIA
POLICY MANUAL OF THE BOARD OF REGENTS
POLICY MANUAL: SECTION 400: STUDENT AFFAIRS
408 IMMUNIZATIONS
408.01 IMMUNIZATION AGAINST DISEASE DURING
AN OUTBREAK/EPIDEMIC
During an epidemic or a threatened epidemic
of any disease preventable by immunization on a campus of the University
System, and when an emergency has been declared by appropriate health
authorities of this state, the president of that institution is
authorized, in conjunction with the Chancellor and appropriate health
authorities, to promulgate rules and regulations specifying those
diseases against which immunizations may be required.
Any individual who cannot show proof of immunity
or adequate immunization and refuses to be immunized shall be excluded
from any institution or facility of the University System until
such time as he/she presents valid evidence that he/she is immunized
against the disease or the epidemic or threat no longer constitutes
a significant public health danger (BR Minutes, 1989-90, p. 406).
408.02 IMMUNIZATION REQUIREMENTS FOR
STUDENTS
(a) Each institution of the University System
of Georgia shall implement immunization requirements for all new
students (first-year, transfers, and others) as directed by policy
consistent with recommendations provided by the Advisory Committee
on Immunization Practices, developed collaboratively by the Board
of Regents of the University System of Georgia and the Division
of Public Health of the Georgia Department of Human Resources. Such
policies shall be on file in each institution's office of student
affairs.
(b)Each institution shall make available information
to every new student regarding required and recommended immunizations
using information developed by the Division of Public Health in
concert with the Office of Student Services of the Board of Regents
of the University System of Georgia.
(c)Specific colleges or departments, with concurrence
of the president and the Chancellor, may require some immunizations
not required for all new students by this policy. Institutions are
also authorized to impose additional immunization requirements for
students when, in the opinion of the president of the institution
and with concurrence of the Chancellor and appropriate public health
authorities, there is a substantial risk of exposure to other communicable
diseases preventable by vaccination (BR Minutes, 1990-91, p.114).
(d)Pursuant to legislation enacted in 2003, all
students residing in campus housing are required to sign a document
stating that they have received a vaccination against meningococcal
disease or reviewed the information provided by the institution
(BR Minutes, October 2003).
NOTE: According to the Georgia Immunization
Program Manual, Division of
Public Health:
"Private colleges in Georgia develop and
implement immunization policy for their campuses. In order to obtain
a private college's immunization policy you will need to contact
the individual institution. In addition, there is no standardized
state immunization form for colleges: the specific institution should
be contacted to obtain their version of this record."
(a) Every public and nonpublic postsecondary
educational institution shall provide to each newly admitted freshman
or matriculated studen residing in campus housing as defined by
the postsecondary educational institution or to the student's parent
or guardian if the student is a minor, the following information:
(1) Meningococcal disease is a serious disease
that can lead to death within only a few hours of onset; one in
ten cases is fatal; and one in seven survivors of the disease
is left with a severe disability, such as the loss of a limb,
mental retardation, paralysis, deafness, or seizures;
(2) Meningococcal disease is contagious but a largely preventable
infection of the spinal cord fluid and the fluid that surrounds
the brain;
(3) Scientific evidence suggests that college students living
in dormitory facilities are at a moderately increased risk of
contracting meningococcal disease; and
(4) Immunization against meningococcal disease will decrease the
risk of the disease.
(b) Students who are 18 years of age or older
shall be required to sign a document provided by the postsecondary
educational institution stating that he or she has received a vaccination
against meningococcal disease or reviewed the information provided
as required by subsection (a) of this Code section. If a student
is a minor, only a parent or guardian may sign such document.
(c) Nothing in this Code section shall be construed
to require any postsecondary educational institution to provide
or pay for vaccinations of students against meningococcal disease.
(d) Any postsecondary educational institution
that has made a reasonable effort to comply with this Code section
shall not be liable for damages or injuries sustained by a student
by reason of such student's contracting meningococcal disease.
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