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IA Info
TITLE IV PUBLIC HEALTH
SUBTITLE 2. HEALTH-RELATED ACTIVITIES
CHAPTER 139A. COMMUNICABLE AND INFECTIOUS DISEASES AND POISONINGS
SUBCHAPTER I. GENERAL PROVISIONS
Iowa Code §
139A.8 (2007)
139A.8 Immunization of children.
1. A parent or legal guardian shall assure that
the person's minor children residing in the state are adequately
immunized against diphtheria, pertussis, tetanus, poliomyelitis,
rubeola, rubella, and varicella, according to recommendations provided
by the department subject to the provisions of subsections 3 and
4.
2.
a. A person shall not be enrolled in any licensed
childcare center or elementary or secondary school in Iowa without
evidence of adequate immunizations against diphtheria, pertussis,
tetanus, poliomyelitis, rubeola, rubella and varicella.
b. Evidence of adequate immunization against haemophilus influenza
B shall be required prior to enrollment in any licensed childcare
center.
c. Evidence of hepatitis type B immunization shall be required
of a child born on or after July 1, 1994, prior to enrollment
in school in kindergarten or in a grade.
d. Immunizations shall be provided according to recommendations
provided by the department subject to the provisions of subsections
3 and 4.
3. Subject to the provision of subsection 4,
the state board of health may modify or delete any of the immunizations
in subsection 2.
4. Immunization is not required for a person's
enrollment in any elementary or secondary school or licensed child
care center if either of the following applies:
a. The applicant, or if the applicant is a
minor, the applicant's parent or legal guardian, submits to the
admitting official a statement signed by a physician, advanced
registered nurse practitioner, or physician assistant who is licensed
by the state board of medical examiners, board of nursing or board
of physican examiners that, the immunizations required would be
injurious to the health and well-being of the applicant or any
member of the applicant's family.
b. The applicant, or if the applicant is a minor, the applicant's
parent or legal guardian, submits an affidavit signed by the applicant,
or if the applicant is a minor, the applicant's parent or legal
guardian, stating that the immunization conflicts with the tenets
and practices of a recognized religious denomination of which
the applicant is an adherent or member.
The exemptions under this subsection do not apply
in times of emergency or epidemic as determined by the state board
of health and as declared by the director of public health.
5. A person may be provisionally enrolled in
an elementary or secondary school or licensed child care center
if the person has begun the required immunizations and if the person
continues to receive the necessary immunizations as rapidly as is
medically feasible. The department shall adopt rules relating to
the provisional admission of persons to an elementary or secondary
school or licensed childcare center.
6. The local board shall furnish the department,
within sixty days after the first official day of school, evidence
that each person enrolled in any elementary or secondary school
has been immunized as required in this section subject to subsection
4. The department shall adopt rules pursuant to chapter 17A relating
to the reporting of evidence of immunization.
7. Local boards shall provide the required immunizations
to children in areas where no local provision of these services
exists.
8. The department, in consultation with the director
of the department of education, shall adopt rules for the implementation
of this section and shall provide those rules to local school boards
and local boards.
Iowa Code § 139A.26 (2007)
139A.26 Meningococcal disease vaccination
information for postsecondary students.
1. Each institution of higher education that
has an on-campus residence hall or dormitory shall provide vaccination
information on meningococcal disease to each student enrolled in
the institution. The vaccination information shall be contained
on student health forms provided to each student by the institution,
which forms shall include space for the student to indicate whether
or not the student has received the vaccination against meningococcal
disease. The vaccination information about meningococcal disease
shall include any recommendations issued by the national centers
for disease control and prevention regarding the disease. Vaccination
information obtained under this section that is in the possession
of an institution of higher education pursuant to this section shall
not be considered a public record. Data obtained under this section
shall be submitted annually to the department in a manner prescribed
by the department and such that no individual person can be identified.
2. This section shall not be construed to require
any institution of higher education to provide the vaccination against
meningococcal disease to students.
3. This section shall not apply if the national
centers for disease control and prevention no longer recommend the
meningococcal disease vaccine.
4. This section does not create a private right
of action.
5. The department shall adopt rules for administration
of this section. The department shall review the requirements of
this section at least every five years, and shall submit its recommendations
for modification to, or continuation of, this section based upon
new information about the disease or vaccination against the disease
in a report that shall be submitted to the general assembly no later
than January 15, 2010, with subsequent reports developed and submitted
by January 15 at least every fifth year thereafter.
PUBLIC HEALTH DEPARTMENT
CHAPTER 7. IMMUNIZATION AND IMMUNIZATION EDUCATION: PERSONS ATTENDING
ELEMENTARY OR SECONDARY SCHOOLS, LICENSED CHILD CARE CENTERS OR
INSTITUTIONS OF HIGHER EDUCATION
IAC 641-7.1 (2007)
641-7.1(139A) Definitions.
"Admitting official" means the superintendent
of schools or the superintendent's designated representative if
a public school; if a nonpublic school or licensed child care center,
the governing official of the school or child care center.
"Applicant" means any person seeking
enrollment in a licensed child care center or elementary or secondary
school. "Certified medical assistant" means a person certified
to practice as a certified medical assistant following completion
of a postsecondary medical assistant program accredited by the Commission
on Accreditation of Allied Health Education Programs or the Accrediting
Bureau of Health Education Schools and successful completion of
the certification examination.
"Competent private instruction" means
private instruction as defined by the department of education pursuant
to Iowa Code section 299A.1.
"Department" means the Iowa
department of public health.
"Electronic signature" means
a confidential personalized digital key, code, or number that is
used for secure electronic data transmission and that identifies
and authenticates the signatory.
"Elementary school" means kindergarten
if provided, and grades one through eight or grades one through
six when grades seven and eight are included in a secondary school.
"Enrolled user" means a user of the
registry who has completed an enrollment form that specifies the
conditions under which the registry can be accessed and who has
been issued an identification code and password by the department.
"Immunization registry" or "registry"
means the database and file server maintained by the department
as well as the software application that allows enrolled users to
exchange immunization records
"Institution of higher education"
means a postsecondary school.
"Licensed child care center"
means a facility or program licensed by the Iowa department of human
services to provide child care for seven or more children or a prekindergarten
or preschool, regardless of the source of funding, operated by a
local school district, an accredited nonpublic school, an area education
agency, or a college or university.
"Nurse" means a person licensed
to practice as a nurse pursuant to Iowa Code chapter 152.
"Nurse practitioner" means a
person licensed to practice as a registered nurse pursuant to Iowa
Code chapter 152 and certified by a professional certifying body
approved by the board of nursing.
"On-campus residence hall or dormitory"
means campus housing for students that is owned or leased by the
institution of higher education and located on a recognized campus
site.
"Physician" means a person licensed
to practice medicine and surgery or osteopathic medicine and surgery
pursuant to Iowa Code chapter 148, 150, or 150A.
"Physician assistant" means
a person licensed to practice as a physician assistant pursuant
to Iowa Code chapter 148C.
"Postsecondary school" means
a postsecondary institution under the control of the state board
of regents, a community college established under Iowa Code chapter
260C, or an accredited private institution as defined in Iowa Code
section 261.9, subsection 1. Ch 7, p.2 Public Health[641] IAC 8/3/05
"Postsecondary student" means
a person who has officially registered with a postsecondary school,
as determined by the school, and who physically attends class on
the school's campus. For purposes of these rules, "postsecondary
student" does not include a person who is exclusively registered
in a correspondence course or continuing education class or who
attends class exclusively by means of the Internet or the Iowa communications
network or through other means which do not require the person's
physical presence on the school's campus.
"Provisional enrollment" means
enrollment for a period of time not to exceed the limit specified
in subrule 7.7(2) to allow the applicant to meet the requirements
of these rules. A provisionally enrolled applicant is entitled access
to all the benefits, activities, and opportunities of the school
or licensed child care center. Provisional enrollment shall not
deny the school funding for the applicant.
"Secondary school" means (a) a junior
high school comprising grades 7, 8 and 9, and a senior high school;
(b) a combined junior-senior high school comprising grades 7 through
12; (c) a junior high school comprising grades 7 and 8 and a high
school comprising grades 9 through 12; (d) a high school comprising
grades 9 through 12.
"Signature" means an original
signature, or authorized use of stamped signature, or electronic
signature of a physician, physician assistant, or nurse.
641-7.2(139A) Persons included.
The immunization requirements specified elsewhere
in these rules apply to all persons enrolled or attempting to enroll
in a licensed child care center or a public or nonpublic elementary
or secondary school in Iowa including those who are provided competent
private instruction
641-7.3(139A) Persons excluded.
Exclusions to these rules are permitted on an
individual basis for medical and religious reasons. Applicants approved
for medical or religious exemptions shall submit to the admitting
official a valid Iowa department of public health certificate of
immunization exemption.
7.3(1) A medical exemption may be granted to
an applicant when, in the opinion of a physician, nurse practitioner,
or physician assistant, the required immunizations would be injurious
to the health and well-being of the applicant or any member of the
applicant's family or household. A medical exemption may apply to
a specific vaccine(s) or all required immunizations. A certificate
of immunization exemption for medical reasons is valid only when
signed by a physician, nurse practitioner, or physician assistant.
If, in the opinion of the physician, nurse practitioner, or physician
assistant issuing the medical exemption, the exemption should be
terminated or reviewed at a future date, an expiration date shall
be recorded on the certificate of immunization exemption.
7.3(2) A religious exemption may be granted to
an applicant if immunization conflicts with a genuine and sincere
religious belief. A certificate of immunization exemption for religious
reasons shall be signed by the applicant or, if the applicant is
a minor, by the parent or guardian or legally authorized representative
and shall attest that immunization conflicts with a genuine and
sincere religious belief and that the belief is in fact religious,
and not based merely on philosophical, scientific, moral, personal,
or medical opposition to immunizations. The certificate of mmunization
exemption for religious reasons is valid only when notarized. Religious
exemptions shall become null and void during times of emergency
as determined by the state board of health and declared by the director
of public health.
641-7.5(139A) Required education.
Each institution of higher education that has
an on-campus residence hall or dormitory shall provide vaccination
information on meningococcal disease to each postsecondary student
enrolled in the institution of higher education. Meningococcal disease
information shall be contained on student health forms. For purposes
of this rule, student health form(s) means a document(s) prepared
by an institution of higher education that contains, at a minimum,
information on meningococcal disease, vaccination information and
any recommendations issued by the national Centers for Disease Control
and Prevention regarding meningococcal disease. The student health
form(s) shall also include space for the postsecondary student to
indicate whether or not the postsecondary student has received vaccination
against meningococcal disease, including, at a minimum, the date
of vaccination. The student health form(s) shall also include space
for the postsecondary student to indicate whether or not the postsecondary
student has received information on meningococcal disease and benefits
of vaccine. If a traditional student health form is not utilized
by the institution of higher education, any document(s) containing
the above information is acceptable.
641-7.6(139A) Proof of immunization.
7.6(1) Applicants, or their parents or guardians,
shall submit a valid Iowa department of public health certificate
of immunization to the admitting official of the school or licensed
child care center in which the applicant wishes to enroll. To be
valid, the certificate shall be the certificate of immunization
issued and provided by the department, a computer-generated copy
from the immunization registry, or a certificate of immunization
which has been approved in writing by the department and shall be
signed by a physician, a physician assistant, a nurse, or a certified
medical assistant directed to sign by a supervising physician, physician
assistant, or nurse practitioner. A faxed copy, photocopy, or electronic
copy of the valid certificate is acceptable. The judgment of the
adequacy of the applicant's immunization history should be based
on records kept by the person signing the certificate of immunization
or personal knowledge of the applicant's immunization history, or
comparable immunization records from another person or agency, or
an international certificate of vaccination, or the applicant's
personal health records. If personal health records are used to
make the judgment, the records shall provide the vaccine(s) administered
and the date given. Persons validating the certificate of immunization
are not held responsible for the accuracy of the information used
to validate the certificate of immunization if the information is
from sources other than their own records or personal knowledge.
7.6(2) Persons wishing to enroll who do not have
a valid Iowa department of public health certificate of immunization
available to submit to the admitting official shall be referred
to a physician, a physician assistant, a nurse, or a certified medical
assistant directed by a supervising physician, physician assistant,
or nurse practitioner to obtain a valid certificate.
641-7.7(139A) Provisional enrollment.
7.7(1) Applicants who have begun but not completed
the required immunizations may be granted provisional enrollment.
To qualify for provisional enrollment, applicants shall have received
at least one dose of each of the required vaccines or be a transfer
student from another school system. A transfer student is an applicant
seeking enrollment from one United States elementary or secondary
school into another. Applicants shall submit a valid Iowa department
of public health provisional certificate of immunization to the
admitting official of the school or licensed child care center in
which the applicant wishes to be provisionally enrolled. To be valid,
the provisional certificate shall be signed by a physician, a physician
assistant, a nurse, or a certified medical assistant directed to
sign by a supervising physician, physician assistant, or nurse practitioner.
Persons validating the provisional certificate of immunization are
not held responsible for the accuracy of the information used to
validate the provisional certificate of immunization if the information
is from sources other than their own records or personal knowledge.
a. Any person wishing to be provisionally enrolled
who does not have a valid Iowa department of public health provisional
certificate of immunization to submit to the admitting official
shall be referred to a physician, a physician assistant, a nurse,
or a certified medical assistant directed by a supervising physician,
physician assistant, or nurse practitioner to obtain a valid certificate.
b. Reserved.
7.7(2) The amount of time allowed for provisional
enrollment shall be as soon as medically feasible but shall not
exceed 60 calendar days. The period of provisional enrollment shall
begin on the date the provisional certificate is signed. The person
signing the provisional certificate shall assign an expiration date
to the certificate and shall indicate the remaining immunizations
required to qualify for a certificate of immunization.
7.7(3) The applicant or parent or guardian shall
ensure that the applicant receive the necessary immunizations during
the provisional enrollment period and shall submit a certificate
of immunization to the admitting official by the end of the provisional
enrollment period.
7.7(4) If the applicant has not submitted a certificate
of immunization by 10 calendar days prior to the expiration of the
provisional enrollment, the admitting official shall notify the
applicant, or if the applicant is a minor, the minor's parents or
guardian, in writing of the impending expiration of provisional
enrollment and invite the applicant and parents or guardian for
a conference to discuss the rules regarding provisional enrollment.
7.7(5) If at the end of the provisional enrollment
period the applicant or parent or guardian has not submitted a certificate
of immunization, the admitting official shall immediately exclude
the applicant from the benefits, activities, and opportunities of
the school or licensed child care center until the applicant or
parent or guardian submits a valid certificate of immunization.
7.7(6) If at the end of the provisional enrollment
period the applicant has not completed the required immunizations
due to minimum interval requirements, the provisional enrollment
may be extended if the applicant or parent or guardian submits another
Iowa department of public health provisional certificate of immunization.
641-7.10(139A) Compliance.
Applicants not presenting proper evidence of
immunization, or exemption, are not entitled to enrollment in a
licensed child care center or elementary or secondary school under
the provisions of Iowa Code section 139A.8. It shall be the duty
of the admitting official to deny enrollment to any applicant who
does not submit proper evidence of immunization according to rule
7.6(139A) and to exclude a provisionally enrolled applicant in accordance
with rule 7.7(139A).
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