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TITLE 37 JUVENILES
CHAPTER 10. MISCELLANEOUS PROVISIONS
PART 4. CHILDHOOD IMMUNIATIONS
Tenn. Code Ann. § 37-10-401 (2006)
37-10-401. Responsibility of parents to have
children immunized - Specific vaccines - Immunization registry
(a) It is the responsibility of each parent or
legal guardian to ensure that such person's child or children receive
the vaccines as are recommended by guidelines of the Center for
Disease Control or the American Academy of Pediatrics to be administered
to a child. The parent or legal guardian is encouraged to obtain
the recommended immunizations within the first two (2) years of
the child's life. Such vaccines include without limitation, the
following specific vaccines:
(1) Diphtheria -tetanus-pertussis (DTP)
(2) Polio: oral polio vaccine (OPV) or inactivated polio vaccine
(IPV)
(3) Measles-mumps-rubella (MMR)
(4) Haemophilus influenzae type B conjugate vaccines (Hib)
(5) Hepatitis B vaccine (Hep B)
(6) Pneumoccocal vaccine when medically indicated
(7) Influenza vaccine when medically indicated, and
(8) Varicella when available.
(b) Subject to availability of funding for such
purpose, the department of health is authorized to provide free
vaccine, through the first twenty-four (24) months of life, for
Tennessee children born after January 1, 1996. If an administration
fee is charged by a health provider receiving this vaccine, such
fee may not exceed the administration fee established by the health
care financing administration under the Vaccines for Children Program
established in the Omnibus Budget Reconciliation Act of 1993. No
immunization may be withheld due to the family's inability to pay
the fee.
(c) The department shall establish and maintain an immunization
registry for children. By January 1, 1996, the department shall
incrementally require all local public health departments to report,
in a designated format, the record of each immunization given. Other
health care providers or any third party payor or health insurance
entity regulated by the department of commerce and insurance doing
business in Tennessee, or any entity that has elected, organized
and qualified as a self-insured entity may likewise report such
records. Information from the registry shall be available to parents
and legal guardians; health care providers; any third party payor
or health insurance entity regulated by the department of commerce
and insurance doing business in Tennessee; any entity that has elected,
organized and qualified as a self-insured entity; and schools, child
care facilities, and other institutions having care or custody of
children.
(d) The commissioner of health shall report to the members of the
health and human resources committee of the house of representatives,
the senate general welfare committee, the select joint committee
on children and youth, and the TennCare oversight committee, by
March 1 of each year, on the immunization rates in each county and
improvements or changes made during the preceding year.
TITLE 37. JUVENILES
CHAPTER 10. MISCELLANEOUS PROVISIONS
PART 4. CHILDHOOD IMMUNIZATIONS
Tenn Code Ann § 37-10-402 (2006)
37-10-402. Conflict with religious tenets
and practices of parent
In the absence of an epidemic or immediate threat
thereof, this section does not not apply to any child whose parent
or guardian files with proper authorities a signed written statement
that such immunization and other preventative measures conflict
with the religious tenets and practices of the parent or guardian
affirmed under penalties of perjury.
TITLE 49. EDUCATION
CHAPTER 6. ELEMENTARY AND SECONDARY EDUCATION
PART 50. IMMUNIZATION OF SCHOOL CHILDREN
Tenn. Code Ann. § 49-6-5001 (2006)
49-6-5001. General provisions. -
(a) The commissioner of health is authorized,
subject to the approval of the public health council, to designate
diseases against which children must be immunized prior to attendance
at any school, nursery school, kindergarten, preschool or child
care facility of Tennessee.
(b)
(1) It is the responsibility of the parents
or guardian of children to have their children immunized, as required
by subsection (a).
(2) In the absence of an epidemic or immediate threat thereof,
this section shall not apply to any child whose parent or guardian
shall file with school authorities a signed, written statement
that such immunization and other preventive measures conflict
with the parent's or guardian's religious tenets and practices,
affirmed under the penalties of perjury.
(c)
(1) No children shall be permitted to attend
any public school, nursery school, kindergarten, preschool or
child care facility until proof of immunization is given the admissions
officer of the school, nursery school, kindergarten, preschool
or child care facility except as provided in subsection (b).
(2) No child shall be denied admission to any school or school
facility if such child has not been immunized due to medical reasons
if such child has a written statement from the child's doctor
excusing the child from such immunization.
(3) No child or youth determined to be homeless shall be denied
admission to any school or school facility, if the child or youth
has not yet been immunized or is unable to produce immunization
records due to being homeless. The enrolling school shall comply
with any and all federal laws pertaining to the educational rights
of homeless children and youth, including the McKinney-Vento Homeless
Assistance Act, 42 U.S.C. § 1141 et seq.
(d) Each child attending any school, nursery
school, kindergarten, preschool or child care facility without furnishing
proof of immunization or exception under subsection (b) and/or (e),
shall not be counted in the average daily attendance of students
for the distribution of state school funds.
(e) Any immunization specified hereunder shall
not be required if a qualified physician shall certify that administration
of such immunization would be in any manner harmful to the child
involved.
(f) The commissioner shall promulgate rules
and regulations necessary to carry out this section.
(g) By October 1 of each year, the commissioner
shall report the number of children in the state during the preceding
school year who were determined to be homeless and who enrolled
in public schools without being immunized or being able to produce
immunization records and the average length of time required for
these children to be immunized or to obtain their immunization records.
The report shall be submitted to the education committees of the
senate and of the house of representatives.
TENNESSEE RULES AND REGULATIONS
CHAPTER 12O0. HEALTH, ENVIRONMENT AND CONSERVATION
CHAPTER 1200-14. BUREAU OF HEALTH SERVICES ADMINISTRATION,
DIVISION OF COMMUNICABLE AND ENVIRONMENTAL DISEASE SERVICES
CHAPTER 1200-14-1. COMMUNICABLE AND ENVIRONMENTAL DISEASES
TENN. RULES AND REG. § 1200-14-1-.29
(2006)
1200-14-1-.29 Immunization against certain
diseases prior to school attendance in Tennessee.
(1) No person shall be permitted to attend any
nursery school, day care center, Head Start center, Kindergarten,
or other pre-school, day care or grades kindergarten through twelve
of any public, private, or church related school until proof of
adequate immunization against diphtheria, measles (rubeola), pertussis
(whooping cough), poliomyelitis, rubella, mumps and tetanus is presented
to the admissions officer of the school (unless otherwise exempted
as provided by law). It shall be the duty of the school to enforce
the provisions of this regulation, subject to the exemptions as
set out in T.C.A. §49-6-5001(b).
(2) The state and county health departments are
authorized to provide proof of immunization to the admissions officer
of any school in the state of Tennessee. For the purpose of this
subsection, the term school shall include nursery schools, kindergartens,
other pre-schools, day care centers and facilities, after school
day care facilities, grades kindergarten through twelve of any public,
private or churchrelated schools, vocational schools, technical
schools, colleges and universities in the state of Tennessee. The
Commissioner has further determined that in order to more efficiently
bring about compliance with the immunization law, the state and
county health departments are further authorized to provide proof
of immunization to physicians who are evaluating a school-aged patient's
immunization status.
(3)
(a) Effective July 1, 1998, proof of immunization
with two doses of Measles, Mumps and Rubella vaccines, administered
on or after the first birthday, will be required for admission
into grades kindergarten, four, eight, and twelve.
(b) Effective July 1, 2001, proof of immunization with two doses
of Measles, Mumps and Rubella vaccines, administered on or after
the first birthday, will be required for attendance in grades
kindergarten through twelve.
(4) Effective May 1, 1999, proof of immunization
with two doses of Measles, Mumps and Rubella vaccines, administered
on or after the first birthday, will be required for full-time students,
defined as COMMUNICABLE AND ENVIRONMENTAL DISEASES CHAPTER 1200-14-1
(Rule 1200-14-1-.29, continued) November, 2004 (Revised) 16 students
taking 12 hours or more of academic credits or other hours as defined
as full-time by institutional policy, at all universities and colleges
with an enrollment greater than two hundred students.
(5) Effective July 1, 1999, proof of adequate
immunization against Hepatitis B will be required prior to entry
into kindergarten.
(6) Effective September 1, 1999, for all children
born on or after September 1, 1998, proof of adequate immunization
against varicella, or a history of varicella illness, will be required
for attendance in licensed child care facilities.
(7) Reserved
(8) Effective July 1, 2002, proof of immunization
against varicella, or a history of the disease provided by a parent
or physician, will be required prior to entry into kindergarten.
(9) Effective July 1, 2002, proof of adequate
immunization against Hepatitis B will be required prior to entry
into the seventh grade.
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