(1) (Deleted by amendment, L. 97, p. 409, � 2, effective July 1, 1997.)
(2) Unless a student is exempted pursuant to this section, the parent or legal
guardian of a student shall have the student immunized, or, if a student is
emancipated or eighteen years of age or older, the student shall have themself
immunized. A student is exempted from receiving the required immunizations in the
following manner:
(a) By submitting to the student's school a completed certificate of medical
exemption from a licensed physician, physician assistant authorized pursuant to
section 12-240-107 (6), or advanced practice registered nurse that the physical
condition of the student is such that one or more specified immunizations would
endanger the student's life or health or are medically contraindicated due to other
medical conditions; or
(b) (I) By submitting to the student's school either a completed certificate of
completion of the online education module or a completed certificate of
nonmedical exemption signed by one parent or legal guardian, an emancipated
student, or a student eighteen years of age or older that the parent, legal guardian,
or student is an adherent to a religious belief whose teachings are opposed to
immunizations or has a personal belief that is opposed to immunizations.
(II) (A) A complete certificate of completion of the online education module is
acquired upon completing the online education module described in subsection
(2.7) of this section.
(B) A complete certificate of nonmedical exemption must include the
signature of a person who is authorized pursuant to title 12 to administer
immunizations within the person's scope of practice to the student for whom the
certificate of nonmedical exemption is sought. Nothing in this subsection
(2)(b)(II)(B) requires a person authorized pursuant to title 12 to administer
immunizations within the person's scope of practice to sign a certificate of
nonmedical exemption. Notwithstanding any law or rule to the contrary, a body that
regulates the professional conduct of a person who is authorized pursuant to title
12 to administer immunizations within the person's scope of practice to the student
for whom the certificate is sought shall not order a disciplinary action against the
person because the person authorized to sign the certificate signed such certificate
pursuant to this subsection (2)(b)(II)(B). It is unlawful for the employer or a
professional organization to retaliate against a person because the person
authorized to sign a certificate signed such certificate pursuant to this subsection
(2)(b)(II)(B).
(2.2) (a) (I) A licensed physician, physician assistant authorized pursuant to
section 12-240-107 (6), or advanced practice registered nurse shall provide a copy
of a completed certificate of medical exemption to the student's parent or legal
guardian, the emancipated student, or the student eighteen years of age or older.
(II) The certificate of completion of the online education module must be
immediately available to download or print upon completion of the online education
module. The certificate of completion of the online education module developed by
the department of public health and environment must include the same
information as the certificate of nonmedical exemption pursuant to subsection (2.3)
of this section.
(III) A person authorized pursuant to title 12 to administer immunizations
within the person's scope of practice to the student for whom the certificate of
nonmedical exemption is sought and who signs the certificate of nonmedical
exemption form shall provide a copy of a completed certificate of nonmedical
exemption to the student's parent or legal guardian, the emancipated student, or
the student eighteen years of age or older.
(b) (I) A licensed physician, physician assistant authorized pursuant to
section 12-240-107 (6), or advanced practice registered nurse shall submit the
medical exemption data to the immunization tracking system created in section 25-4-2403.
(II) A person authorized pursuant to title 12 to administer immunizations
within the person's scope of practice to the student for whom the certificate of
nonmedical exemption is sought and who signs the certificate of nonmedical
exemption shall submit the nonmedical exemption data to the immunization
tracking system created in section 25-4-2403.
(III) Notwithstanding subsections (2.2)(b)(I) and (2.2)(b)(II) of this section, a
licensed physician, a physician assistant authorized pursuant to section 12-240-107
(6), an advanced practice registered nurse, or a person authorized pursuant to title
12 to administer immunizations within the person's scope of practice is not subject
to a regulatory sanction for failing to submit medical exemption or nonmedical
exemption data to the immunization tracking system.
(2.3) (a) On or before January 1, 2021, the department of public health and
environment shall develop and post on its website a standardized certificate of
medical exemption form and a standardized certificate of nonmedical exemption
form. The department of public health and environment shall post any updated form
on its website.
(b) At a minimum, the forms developed by the department of public health
and environment must:
(I) Include a notice that informs the student's parent or legal guardian, the
emancipated student, or the student eighteen years of age or older of the option to
exclude the student's medical or nonmedical exemption information from the
immunization tracking system established in section 25-4-2403;
(II) Be limited to requests for information related to collecting data
pertaining to a medical or nonmedical exemption, including but not limited to:
(A) The student's immunization information and the vaccine or vaccines for
which the exemption applies; and
(B) Whether a medical exemption or a nonmedical exemption is claimed;
(III) Not require the student's parent or legal guardian, the emancipated
student, or the student eighteen years of age or older to provide any demographic
data except the student's name, date of birth, sex, and school's name and location
and the parent's or legal guardian's name;
(IV) Include references to scientifically based information regarding the
benefits and risks of immunizations; and
(V) Not require the student's parent or legal guardian, the emancipated
student, or the student eighteen years of age or older to provide any information
that would identify the religious faith or describe the reasons for the personal belief
of the student's parent or legal guardian, the emancipated student, or the student
eighteen years of age or older who is claiming a nonmedical exemption. The
existing immunization tracking system established in section 25-4-2403 must not
receive or store any information that would identify the religious faith or the
reasons for the personal belief of the student's parent or legal guardian, the
emancipated student, or the student eighteen years of age or older who is claiming
the exemption.
(c) The forms developed by the department of public health and environment
must not require a parent or legal guardian, emancipated student, or student
eighteen years of age or older to sign or indicate agreement with any language
regarding immunizations that may be contrary to a religious belief or personal
belief that is opposed to immunizations in order to complete the form.
(2.5) The state board of health shall promulgate rules regarding:
(a) Immunization information, including exemption rates, that is available to
the public through the department, including evidence-based research, resources
and information from credible scientific and public health organizations, peer-reviewed studies, and an online learning module; and
(b) The frequency of submission of exemption forms.
(2.7) (a) The online learning module administered by the department of
public health and environment pursuant to subsection (2.5)(a) of this section must:
(I) Include medical and scientific data that is evidence-based and peer
reviewed by credible scientific and public health organizations concerning both the
benefits and risks of immunizations and evidence-based practices. The module
must fairly present both the benefits and risks of immunizations and include data
concerning the risk of immunization injury.
(II) Be interactive; and
(III) Include other criteria adopted by the department of public health and
environment.
(b) The online learning module must not require a parent or legal guardian,
emancipated student, or student eighteen years of age or older to sign or indicate
agreement with any language regarding immunizations that may be contrary to a
religious belief or personal belief that is opposed to immunizations in order to
complete the online learning module.
(3) The state board of health may provide, by regulation, for further
exemptions to immunization based upon sound medical practice.
(4) All information distributed to parents by school districts regarding
immunization shall inform them of their rights under subsection (2) of this section.
(5) In addition to the requirements pursuant to section 25-4-902 (4)(b), each
school shall make the immunization and exemption rates of their enrolled student
population publicly available upon request.