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TITLE XXXIII [33] EDUCATION
CHAPTER 3313: BOARDS OF EDUCATION
[SCHOOL YEAR]
ORC Ann. 3313.67 (Anderson 2007)
§ 3313.67 Immunization of pupils;
records, reports.
(A)
(1) Except as provided in division (A)(2)
of this section, the board of education of each city, exempted
village, or local school district may make and enforce such rules
to secure the immunization of, and to prevent the spread of communicable
diseases among the pupils attending or eligible to attend the
schools of the district, as in its opinion the safety and interest
of the public require.
(2) A board of education shall not adopt rules under division
(A)(1) of this section that are inconsistent with divisions (B)
and (C) of section 3313.671 of the Revised Code.
(B) Boards of health, legislative authorities
of municipal corporations, and boards of township trustees, on application
of the board of education of the district, at the public expense,
without delay, shall provide the means of immunization to pupils
who are not so provided by their parents or guardians.
(C) The board of education shall keep an immunization
record for each pupil, available in writing to the pupil's parent
or guardian upon request, which shall include:
(1) Immunizations against the diseases mentioned
in division (A) of section 3313.671 of the Revised Code;
(2) Any tuberculin tests given pursuant to section 3313.71 of
the Revised Code;
(3) Any other immunizations required by the board pursuant to
division (A) of this section.
(D) Annually by the fifteenth day of October,
the board shall report a summary, by school, of the immunization
records of all initial entry pupils in the district to the director
of health, on forms prescribed by the director.
ORC Ann. 3313.671 (Anderson 2007)
3313.671 Proof of required immunizations
- exceptions.
(A)
(1) Except as otherwise provided in division
(B) of this section, no pupil, at the time of initial entry or
at the beginning of each school year, to an elementary or high
school for which the state board of education prescribes minimum
standards pursuant to division (D) of section 3301.07 of the Revised
Code, shall be permitted to remain in school for more than fourteen
days unless the pupil presents written evidence satisfactory to
the person in charge of admission, that the pupil has been immunized
by a method of immunization approved by the department of health
pursuant to section 3701.13 of the Revised Code against mumps,
poliomyelitis, diphtheria, pertussis, tetanus, rubeola, and rubella
or is in the process of being immunized.
(2) Except as provided in division (B) of this section, no pupil
who begins kindergarten at an elementary school subject to the
state board of education 's minimum standards shall be permitted
to remain in school for more than fourteen days unless the pupil
presents written evidence satisfactory to the person in charge
of admission that the pupil has been immunized by a department
of health-approved method of immunization or is in the process
of being immunized against both of the following:
(a) During or after the school year beginning
in 1999, hepatitis B;
(b) During or after the school year beginning in 2006, chicken
pox.
(3) As used in divisions (A)(1) and (2) of
this section, "in the process of being immunized" means
the pupil has been immunized against mumps, rubeola, rubella,
and chicken pox, and if the pupil has not been immunized against
poliomyelitis, diphtheria, pertussis, tetanus, and hepatitis B,
the pupil has received at least the first dose of the immunization
sequence, and presents written evidence to the pupil's building
principal or chief administrative officer of each subsequent dose
required to obtain immunization at the intervals prescribed by
the director of health. Any student previously admitted under
the "in process of being immunized" provision and who
has not complied with the immunization intervals prescribed by
the director of health shall be excluded from school on the fifteenth
day of the following school year. Any student so excluded shall
be readmitted upon showing evidence to the student's building
principal or chief administrative officer of progress on the director
of health's interval schedule.
(B)
(1) A pupil who has had natural rubeola, and
presents a signed statement from the pupil's parent, guardian,
or physician to that effect, is not required to be immunized against
rubeola.
(2) A pupil who has had natural mumps, and presents a signed statement
from the pupil's parent, guardian, or physician to that effect,
is not required to be immunized against mumps.
(3) A pupil who has had natural chicken pox, and presents a signed
statement from the pupil's parent, guardian, or physician to that
effect, is not required to be immunized against chicken pox.
(4) A pupil who presents a written statement of the pupil's parent
or guardian in which the parent or guardian declines to have the
pupil immunized for reasons of conscience, including religious
convictions, is not required to be immunized.
(5) A child whose physician certifies in writing that such immunization
against any disease is medically contraindicated is not required
to be immunized against that disease.
(C) As used in this division, "chicken
pox epidemic" means the occurrence of cases of chicken pox
in numbers greater than expected in the school's population or for
a particular period of time. Notwithstanding division (B) of this
section, a school may deny admission to a pupil otherwise exempted
from the chicken pox immunization requirement if the director of
the state department of health notifies the school's principal or
chief administrative officer that a chicken pox epidemic exists
in the school's population. The denial of admission shall cease
when the director notifies the principal or officer that the epidemic
no longer exists. The board of education or governing body of each
school subject to this section shall adopt a policy that prescribes
methods whereby the academic standing of a pupil who is denied admission
during a chicken pox epidemic may be preserved.
(D) Boards of health, legislative authorities
of municipal corporations, and boards of township trustees on application
of the board of education of the district or proper authority of
any school affected by this section, shall provide at the public
expense, without delay, the means of immunization against mumps,
poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus,
and hepatitis B to pupils who are not so provided by their parents
or guardians.
OHIO ADMINISTRATIVE CODE
CHAPTER 5101:2 DIVISION OF SOCIAL SERVICES
CHAPTER 5101:2-12 LICENSING OF CHILD CARE CENTERS
OAC 5101:2-12-37 (2007)
§ 5101:2-12-37 Children's medical
and enrollment records for licensed child care centers.
(A) Each child attending the center who is not
attending a grade of kindergarten or above shall secure and have
on file verification of a medical exam.
(1) The medical statement shall verify a date
of exam within the past twelve months and be on file within thirty
days of the child's date of admission and every thirteen months
thereafter, until the children are attending a grade of kindergarten
or above.
(2) The medical statement shall contain the following information:
(a) The child's name and birth date.
(b) The date of examination.
(c) The signature, business address and telephone number of
the licensed physician, physician's assistant or certified nurse
practitioner who examined the child.
(d) The statement that a record of the immunizations that the
child has had, specifying the month, day and year of each immunization
is included and that the physician, physician's assistant or
certified nurse practitioner has reviewed the child's record
against the immunizations recommended by the Ohio department
of health. The Ohio department of health's recommended immunization
schedule is available as appendix A to this rule.
(e) The statement that the child has been examined and is in
suitable condition for participation in group care.
(B) Centers shall maintain enrollment records
which include health records, emergency transportation information,
and parent or guardian roster permissions for all children attending
the center on the JFS 01234 "Child Enrollment and Health Information"
(rev. 09/2006).
(1) The center shall secure and have on file
all children's enrollment records no later than the first day
of attendance. All records shall be immediately accessible to
the administrator or designee, and shall be reviewed and updated
annually.
(2) Immunizations may be waived by the administrator for religious
reasons upon submission of the parent or guardian's written request
for exemption or for medical reasons upon submission of a physician's
or certified nurse practitioner's written request for exemption.
These statements shall be on file at the center.
(3) The center shall set its own policy regarding the admittance
of children whose parents or guardians refuse to grant consent
for transportation for emergency treatment.
(C) Children's records shall be confidential,
except that they shall be available to the director's representative
for the purpose of administering Chapter 5104. of the Revised Code
and Chapter 5101:2-12 of the Administrative Code. The immunization
records shall be subject to review by the health department's representative
for disease outbreak control and for immunization level assessment
purposes.
TITLE XVII [17] CORPORATIONS-PARTNERSHIP
CHAPTER 1713: EDUCATIONAL CORPORATIONS
ORC Ann. 1713.55 (Anderson 2007)
§ 1713.55 Meningitis and hepatitis
B vaccination.
(A) As used in this section:
(1) "Nonprofit institution of higher education"
or "institution" means a nonprofit college, university,
or other institution that offers instruction in the arts and sciences,
business administration, engineering, philosophy, literature,
fine arts, law, medicine, nursing, social work, theology, and
other recognized academic and professional fields of study, and
awards degrees for fulfilling requirements of academic work beyond
high school.
(2) "On-campus student housing" means a dormitory or
other student residence that is owned or operated by or located
on the campus of a nonprofit institution of higher education.
(3) "Parent" means either parent, except that if one
parent has sole custody, "parent" means the parent with
custody. "Parent" also includes a guardian or, in the
absence of a parent or guardian, another person who has accepted
responsibility for the care of the student.
(B) Beginning with the academic year that commences
on or after July 1, 2005, a nonprofit institution of higher education
shall not permit a student to reside in on-campus student housing
unless the student, or, if the student is younger than eighteen
years of age, the student's parent, discloses to the institution
whether the student has been vaccinated against meningococcal meningitis
and hepatitis B by submitting to the institution the meningitis
and hepatitis B vaccination status statement described in div ision
(B) of section 3701.133 of the Revised Code or a meningitis status
statement form provided by the institution that meets the requirements
of division (B) of section 3701.133 of the Revised Code. The statement
may be submitted in written form or, if the institution has a secure
web site, in electronic form.
(C) On receipt of an application for residence
in on-campus student housing, a nonprofit institution of higher
education shall do both of the following:
(1) Inform the student of the disclosure requirement;
(2) Provide the student in either written or, if the school has
a secure web site, electronic form the meningitis and hepatitis
B vaccination status statement described in division (B) of section
3701.133 of the Revised Code or a meningitis status statement
form provided by the institution that meets the requirements of
division (B) of section 3701.133 of the Revised Code.
(D) This section does not require an institution
to provide or pay for a meningococcal meningitis or hepatitis B
vaccination for any student.
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