§ 23-5-128 — Meningococcal disease - information - immunity - definitions

Colorado § 23-5-128

• Jurisdiction: Colorado
• Title 23: Postsecondary Education
• Art.: General Provisions

Text

(1)
As used in this section:

(a) Institution means any public or nonpublic postsecondary education
institution in the state.

(b) New student means each incoming freshman student residing in
student housing, as defined by the institution, or any student who the institution
requires to complete and return a standard certificate indicating immunizations
received by the student as a requirement for residing in student housing.

(2) (a) On and after July 1, 2005, each institution shall provide to each new
student, or, if a new student is under the age of eighteen years, to the student's
parent or guardian, information concerning meningococcal disease, including but
not limited to the following:

(I) (A) Meningococcal disease is a serious disease;

(B) Meningococcal disease is a contagious, but a largely preventable,
infection of the spinal cord fluid and the fluid that surrounds the brain;

(C) Scientific evidence suggests that college students living in dormitory
facilities are at a modestly increased risk of contracting meningococcal disease;
and

(D) Immunization against meningococcal disease decreases the risk of
contracting the disease.

(II) Website addresses, telephone numbers, or other similar information to
assist a new student or the student's parent or legal guardian in identifying a
location or locations where the new student may receive an immunization against
meningococcal disease.

(b) An institution may provide the information required by subparagraph (I) of
paragraph (a) of this subsection (2) exactly as written or through similar language
that reasonably meets the intent of the notification requirement and is based upon
established and scientifically recognized medical or epidemiological data.

(3) On and after July 1, 2005, each institution shall require each new student
who has not received a vaccination against meningococcal disease, or, if the new
student is under the age of eighteen years, the student's parent or guardian, to
check a box on a document provided by the institution stating that the signor has
reviewed the information provided pursuant to subsection (2) of this section and has
decided that the new student will not obtain a vaccination against meningococcal
disease. An institution may include the acknowledgment required in this section on
another signed document used to collect health or housing information that must
be returned to the institution and that the institution is already required to retain for
other purposes regarding the student's health or housing.

(4) Nothing in this section shall be construed to:

(a) Require a student who is planning to reside in student housing to obtain
the vaccination against meningococcal disease;

(b) Require an institution to provide or pay for the vaccination of a student; or

(c) Prohibit an institution from establishing additional requirements
concerning meningococcal vaccination.

(5) An institution that has made a reasonable effort to comply with this
section shall not be liable for damages for injuries sustained by a student as a
result of contracting meningococcal disease where the student's claim is based
solely upon the provision of the information required by paragraph (a) of subsection
(2) of this section.

Legislative History

Source: L. 2004: Entire section added, p. 484, � 1, effective August 4.