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NOTE: Nevada has passed three
sets of laws concerning immunizations. They pertain to children
enrolling in public schools, private schools and child care facilities
separately, although the wording of the laws are almost identical
in each case.
NEVADA
TITLE 34. EDUCATION
CHAPTER 392. PUPILS
HEALTH AND SAFETY; PARENTAL INVOLVEMENT; SCHOOL UNIFORMS
NRS § 392.435
(2007)
§ 392.435. Immunization of
pupils: Certificate prerequisite to enrollment; conditional enrollment,
effect of failure to immunize; report to health division; inclusion
of certificate in pupil's record
1. Unless excused because of religious
belief or medical condition, a child may not be enrolled in a public
school within this state unless his parents or guardian submit to
the board of trustees of the school district in which the child
resides or the governing body of the charter school in which the
child has been accepted for enrollment a certificate stating that
the child has been immunized and has received proper boosters for
that immunization or is complying with the schedules established
by regulation pursuant to NRS 439.550 for the following diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the state
board of health may determine.
2. The certificate must show that
the required vaccines and boosters were given and must bear the
signature of a licensed physician or his designee or a registered
nurse or his designee, attesting that the certificate accurately
reflects the child's record of immunization.
3. If the requirements of subsection
1 can be met with one visit to a physician or clinic, procedures
for conditional enrollment do not apply.
4.A child may enter school conditionally
if the parent or guardian submits a certificate from a physician
or local health officer that the child is receiving the required
immunizations. If a certificate from the physician or
local health officer showing that the child has been fully
immunized is not submitted to the appropriate school officers within
90 school days, or its equivalent in a school district operating
under an alternative schedule authorized pursuant to NRS 388.090,
after the child was conditionally
admitted, the child must be excluded from school and may not be
readmitted until the requirements for immunization have been met.
A child who is excluded from school pursuant to this section is
a neglected child for the purposes of NRS 432.0999 to 432.130, inclusive,
and chapter 432B of NRS.
5. Before December 31 of each year,
each school district and the governing body of each charter school
shall report to the health division of the department of human resources,
on a form furnished by the division, the exact number of pupils
who have completed the immunizations required by this section.
6. The certificate of immunization
must be included in the pupil's academic or cumulative record and
transferred as part of that record upon request.
NRS § 392.437
(2007)
§ 392.437. Immunization of
pupils: Exemption if prohibited by religious belief
A public school shall not refuse
to enroll a child as a pupil because the child has not been immunized
pursuant to NRS 392.435 if the parents or guardian of the child
has submitted to the board of trustees of the school district or
the governing body of a charter school in which the child has been
accepted for enrollment a written statement indicating that their
religious belief prohibits immunization of such child or ward.
NRS § 392.439
(2007)
§ 392.439. Immunization of
pupils: Exemption if prevented by medical condition
If the medical condition of a child
will not permit him to be immunized to the extent required by NRS
392.435 and a written statement of this fact is signed by a licensed
physician and by the parents or guardian of the child, the board
of trustees of the school district or governing body of the charter
school in which the child has been accepted for enrollment shall
exempt the child from all or part of the provisions of NRS 392.435,
as the case may be, for enrollment purposes.
§ 392.443. Immunization of
pupils: Additional requirements imposed after enrollment; additional
certificate required
If, after a child has been enrolled
in a public school and before registration for any subsequent school
year additional immunization requirements are provided by law, the
child's parents or guardian shall submit an additional certificate
or certificates to the board of trustees or the governing body of
the charter school in which the child is enrolled stating that the
child has met the new immunization requirements.
NRS § 392.446
(2007)
§ 392.446. Immunization of
pupils: Protection of child exempt from immunization if
dangerous disease exists in school Whenever the state board of health
or a local board of health determines that there is a dangerous
contagious disease in a public school attended by a child for whom
exemption from immunization is claimed pursuant to the provisions
of NRS 392.437 or 392.439, the board of trustees of the school district
or the governing body of the charter school in which the child is
enrolled shall require either:
1. That the child be immunized;
or
2. That he remain outside the school environment and the local
health officer be notified.
CHAPTER 394. PRIVATE
EDUCATIONAL INSTITUTIONS AND ESTABLISHMENTS
HEALTH AND SAFETY; THREATS OF VIOLENCE; SCHOOL PROPERTY
NRS § 394.192
(2007)
§ 394.192. Immunization of
pupils: Certificate prerequisite to enrollment; conditional
enrollment; effect of failure to immunize; report to health division;
inclusion of certificate in pupil's record 1. Unless excused because
of religious belief or medical condition, a child may not be enrolled
in a private school within this state unless his parents or guardian
submit to the governing body of the private school a certificate
stating that the child has been immunized and has received proper
boosters for that immunization or is complying with the schedules
established by regulation pursuant to NRS 439.550 for the following
diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the state
board of health may determine.
2. The certificate must show that
the required vaccines and boosters were given and must bear the
signature of a licensed physician or his designee or a registered
nurse or his designee, attesting that the certificate accurately
reflects the child's record of immunization.
3. If the requirements of subsection
1 can be met with one visit to a physician or clinic, procedures
for conditional enrollment do not apply.
4. A child may enter school conditionally
if the parent or guardian submits a certificate from a physician
or local health officer that the child is receiving the required
immunizations. If a certificate from the physician or local health
officer showing that the child has been fully immunized is not submitted
to the appropriate school officials within 90 school days after
the child was conditionally admitted, the child must be excluded
from school and may not be readmitted until the requirements for
immunization have been met. A child who is excluded from school
pursuant to this section is a neglected child for the purposes of
NRS 432.100 to 432.130, inclusive, and chapter 432B of NRS.
5. Before December 31 of each year,
each private school shall report to the health division of the department
of human resources, on a form furnished by the division, the exact
number of pupils who have completed the immunizations required by
this section.
6. The certificate of immunization
must be included in the pupil's academic or cumulative record and
transferred as part of that record upon request.
NRS § 394.193
(2007)
§ 394.193. Immunization
of pupils: Exemption if prohibited by religious belief
A private school shall not refuse
to enroll a child as a pupil because such child has not been immunized
pursuant to NRS 394.192 if the parents or guardian of such child
have submitted to the governing body a written statement indicating
that their religious belief prohibits immunization of such child
or ward.
NRS § 394.194
(2007)
§ 394.194. Immunization of
pupils: Exemption if prevented by medical condition
If the medical condition of a child
will not permit him to be immunized to the extent required by NRS
394.192, a written statement of this fact signed by a licensed physician
and presented to the governing body by the parents or guardian of
such child shall exempt such child from all or part of the provisions
of NRS 394.192, as the case may be, for enrollment purposes.
NRS § 394.198
(2007)
§ 394.198. Immunization of
pupils: Protection of child exempt from immunization if
dangerous disease exists in school Whenever the state board of health
or a local board of health determines that there is a dangerous
contagious disease in a private school attended by a child for whom
exemption from immunization is claimed pursuant to the provisions
of NRS 394.193 or 394.194, the governing body of such private school
shall require either:
1. That the child be immunized;
or
2. That he remain outside the school environment and the local
health officer be notified.
TITLE 38. PUBLIC WELFARE
CHAPTER 432A. SERVICES AND FACILITIES FOR CARE OF CHILDREN
IMMUNIZATION OF CHILDREN ADMITTED TO CHILD CARE FACILITIES
NRS § 432A.230 (2007)
§ 432A.230 Certificate of
immunization prerequisite to admission to child care facility; conditional
admission; report to Health Division. Except as otherwise provided
in NRS 432A.235 for accommodation facilities:
1. Except as otherwise provided in subsection
3 and unless excused because of religious belief or medical condition,
a child may not be admitted to any child care facility within this
State, including a facility licensed by a county or city, unless
his parents or guardian submit to the operator of the facility a
certificate stating that the child has been immunized and has received
proper boosters for that immunization or is complying with the schedules
established by regulation pursuant to NRS 439.550 for the following
diseases:
(a) Diphtheria;
(b) Tetanus;
(c) Pertussis if the child is under 6 years of age;
(d) Poliomyelitis;
(e) Rubella;
(f) Rubeola; and
(g) Such other diseases as the local board of health or the State
Board of Health may determine.
2. The certificate must show that the required
vaccines and boosters were given and must bear the signature of
a licensed physician or his designee or a registered nurse or his
designee, attesting that the certificate accurately reflects the
child's record of immunization.
3. A child whose parent or guardian has not
established a permanent residence in the county in which a child
care facility is located and whose history of immunization cannot
be immediately confirmed by a physician in this State or a local
health officer, may enter the child care facility conditionally
if the parent or guardian:
(a) Agrees to submit within 15 days a certificate
from a physician or local health officer that the child has received
or is receiving the required immunizations; and
(b) Submits proof that he has not established a permanent residence
in the county in which the facility is located.
4. If a certificate from the physician or local
health officer showing that the child has received or is receiving
the required immunizations is not submitted to the operator of the
child care facility within 15 days after the child was conditionally
admitted, the child must be excluded from the facility.
5. Before December 31 of each year, each child
care facility shall report to the Health Division of the Department,
on a form furnished by the Division, the exact number of children
who have:
(a) Been admitted conditionally to the child
care facility; and
(b) Completed the immunizations required by this section.
NRS § 432A.235 (2007)
§ NRS 432A.235 Written documentation
of immunization prerequisite to admission to accommodation facility;
conditional admission; report to Health Division; maintenance of
proof of immunization by business which operates more than one accommodation
facility.
1. Except as otherwise provided in subsection
2 and unless excused because of religious belief or medical condition,
a child may not be admitted to any accommodation facility within
this State, including an accommodation facility licensed by a county
or city, unless his parents or guardian submit to the operator of
the accommodation facility written documentation stating that the
child has been immunized and has received proper boosters for that
immunization or is complying with the schedules established by regulation
pursuant to NRS 439.550 for the diseases set forth in subsection
1 of NRS 432A.230. The written documentation required pursuant to
this subsection ust be:
(a) A letter signed by a licensed physician
stating that the child has
been immunized and received boosters or is complying with the
schedules;
(b) A record from a public school or private school which establishes
that a child is enrolled in the school and has satisfied the requirements
for immunization for enrollment in the school pursuant to NRS
392.435 or 394.192; or
(c) Any other documentation from a local health officer which
proves that the child has been immunized and received boosters
or is complying with the schedules.
2. A child whose parent or guardian has not
established a permanent residence in the county in which an accommodation
facility is located and whose history of immunization cannot be
immediately confirmed by the written documentation required pursuant
to subsection 1 may enter the accommodation facility conditionally
if the parent or guardian:
(a) Agrees to submit within 15 days the documentation
required
pursuant to subsection 1; and
(b) Submits proof that he has not established a permanent residence
in the county in which the facility is located.
3. If the documentation required pursuant to
subsection 1 is not submitted to the operator of the accommodation
facility within 15 days after the child was conditionally admitted,
the child must be excluded from the facility.
4. Before December 31 of each year, each accommodation
facility shall report to the Health Division of the Department,
on a form furnished by the Division, the exact number of children
who have:
(a) Been admitted conditionally to the accommodation
facility; and
(b) Completed the immunizations required by this section.
5. To the extent that the Board or an agency
for the licensing of child care facilities established by a county
or city requires a child care facility to maintain proof of immunization
of a child admitted to the facility, the Board or agency shall authorize
a business which operates more than one accommodation facility to
maintain proof of immunization of a child admitted to any accommodation
facility of the business at a single location of the business. The
documentation must be accessible by each accommodation facility
of the business.
NRS § 432A.240 (2007)
§ 432A.240 Exemption from immunization
when contrary to religious belief.
If the religious belief of a child's parents
or guardian prohibits the immunization of the child as required
by NRS 432A.230 or 432A.235, a written statement of this fact signed
by the parents or guardian and presented to the operator of the
facility exempts the child from the provisions of that section for
purposes of admission.
NRS § 432A.250 (2007)
§ 432A.250 Exemption from immunization
because of medical condition.
If the medical condition of a child will not
permit him to be immunized to the extent required by NRS 432A.230
or 432A.235, a written statement of this fact signed by a licensed
physician and presented to the operator of the facility by the parents
or guardian of such child exempts such child from all or part of
the provisions of NRS 432A.230 or 432A.235, as the case may be,
for purposes of admission.
NRS § 432A.260 (2007)
§ 432A.260 Additional requirements
for immunization imposed after admission; additional certificate
or documentation required.
If, after a child has been admitted to a child
care facility, including a facility licensed by a county or city,
additional immunization requirements are provided by law, the child's
parents or guardian shall submit an additional certificate or certificates
or, if the facility is an accommodation facility, additional written
documentation in a form authorized pursuant to NRS 432A.235 to the
operator of the facility stating that such child has met the new
immunization requirements.
NRS § 432A.270 (2007)
§ 432A.270 Protection of child exempt
from immunization if dangerous disease exists in facility.
Whenever the State Board of Health or a local
board of health determines that there is a dangerous contagious
disease in a child care facility attended by a child for whom exemption
from immunization is claimed pursuant to the provisions of NRS 432A.240
or 432A.250, the operator of the facility shall require either:
1. That the child be immunized; or
2. That he remain outside the school environment and the local
health officer be notified.
NEVADA
ADMINISTRATIVE CODE
CHAPTER 441A. COMMUNICABLE DISEASES
NAC § 441A.755 (2007)
§ 441A.755 University students:
Proof of immunity to certain communicable diseases required; exceptions;
exclusion from university. (NRS 441A.120)
1. Except as otherwise provided in subsection
9 or unless excused because of religious belief or medical condition,
a person shall not attend a university until he submits to the university
proof of immunity to tetanus, diphtheria, measles, mumps, rubella
and any other disease specified by the State Board of Health. The
Division shall establish the immunization schedule required for
admission of the student.
2. A student may enroll in the university conditionally
if the student, or if the student is a minor, the parent or legal
guardian of the student, submits a record of mmunization stating
that the student is in the process of obtaining the required immunizations,
and that record shows that the student has made satisfactory progress
toward obtaining those immunizations.
3. The university shall retain the proof of
immunity on a computerized record or on a form provided by the Division.
4. The university shall not refuse to enroll
a student because he has not been immunized if the student, or if
the student is a minor, the parent or legal guardian of the student,
has submitted to the university a written statement indicating that
his religious belief prohibits immunizations. The university shall
keep the statement on file.
5. If the medical condition of a student does
not permit him to be immunized to the extent required, the student,
or if the student is a minor, the parent or legal guardian of the
student, must submit to the university a statement of that fact
written by a licensed physician. The university shall keep the statement
on file.
6. If additional requirements of immunity are
imposed by law after a student has been enrolled in the university,
the student, or if the student is a minor, the parent or legal guardian
of the student, shall submit an additional proof of immunity to
the university stating that the student has met the new requirements
of immunity.
7. If the health authority determines that,
at the university, there is a case having a communicable disease
against which immunity is required for admission to the university,
and a student who has not submitted proof of immunity to that disease
is attending that university, the president of the university shall
require that:
(a) The student be immunized; or
(b) The student be excluded from the university until allowed
to return by the health authority.
8. A student shall not attend a university from
which he is excluded until allowed to return by the health authority.
The parent or legal guardian of a student, if the student is a minor,
shall not allow thestudent to attend a university from which he
is excluded until allowed to return by the health authority.
9. Any student who is enrolled in a program
of distance education and who does not attend a class on campus
is exempt from the requirements of this section.
10. As used in this section:
(a) "On-campus housing" means a
dormitory or other student residence that is owned, operated by
or located on the campus of a university.
(b) "Postsecondary educational institution" has the
meaning ascribed to it in NRS 394.099.
(c) "University" means any university within the Nevada
System of Higher Education or any private postsecondary educational
institution that provides on-campus housing.
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