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WISCONSIN
HEALTH CHAPTER 252. COMMUNICABLE DISEASES
Wis. Stat. § 252.04 (2007)
252.04. Immunization program.
(1) The department shall carry out a statewide
immunization program to eliminate mumps, measles, rubella (German
measles), diphtheria, pertussis (whooping cough), poliomyelitis
and other diseases that the department specifies by rule, and to
protect against tetanus. Any person who immunizes an individual
under this section shall maintain records identifying the manufacturer
and lot number of the vaccine used, the date of immunization and
the name and title of the person who immunized the individual. These
records shall be available to the individual or, if the individual
is a minor, to his or her parent, guardian or legal custodian upon
request.
(2) Any student admitted to any elementary, middle,
junior or senior high school or into any day care center or nursery
school shall, within 30 school days, present written evidence to
the school, day care center or nursery school of having completed
the first immunization for each vaccine required for the students
grade and being on schedule for the remainder of the basic and recall
(booster) immunization series for mumps, measles, rubella (German
measles), diphtheria, pertussis (whooping cough), poliomyelitis,
tetanus and other diseases that the department specifies by rule
or shall present a written waiver under sub. (3)
(3) The immunization requirement is waived if
the student, if an adult, or the students parent, guardian or legal
custodian submits a written statement to the school, day care center
or nursery school objecting to the immunization for reasons of health,
religion or personal conviction. At the time any school, day care
center or nursery school notifies a student, parent, guardian or
legal custodian of the immunization requirements, it shall inform
the person in writing of the persons right to a waiver under this
subsection.
(4) The student, if an adult, or the students
parent, guardian or legal custodian shall keep the school, day care
center or nursery school informed of the students compliance with
the immunization schedule.
(a) By the 15th and the 25th school day after
the student is admitted to a school, day care center or nursery
school, the school, day care center or nursery school shall notify
in writing any adult student or the parent, guardian or legal
custodian of any minor student who has not met the immunization
or waiver requirements of this section. The notices shall cite
the terms of those requirements and shall state that court action
and forfeiture penalty could result due to noncompliance. The
notices shall also explain the reasons for the immunization requirements
and include information on how and where to obtain the required
immunizations.
1. A school, day care center or nursery
school may exclude from the school, day care center or nursery
school any student who fails to satisfy the requirements of
sub. (2)
2. Beginning on July 1, 1993, if the department determines that
fewer than 98% of the students in a day care center, nursery
school or school district who are subject to the requirements
of sub. (2) have complied with sub. (2), the day care center
or nursery school shall exclude any child who fails to satisfy
the requirements of sub. (2) and the school district shall exclude
any student enrolled in grades kindergarten to 6 who fails to
satisfy the requirements of sub. (2)
3. Beginning on July 1, 1995, if the department determines that
fewer than 99% of the students in a day care center, nursery
school or school district who are subject to the requirements
of sub. (2) have complied with sub. (2), the day care center
or nursery school shall exclude any child who fails to satisfy
the requirements of sub. (2) and the school district shall exclude
any student enrolled in grades kindergarten to 6 who fails to
satisfy the requirements of sub. (2)
4. No student may be excluded from public school under this
paragraph for more than 10 consecutive school days unless, prior
to the 11th consecutive school day of exclusion, the school
board provides the student and the students parent, guardian
or legal custodian with an additional notice, a hearing and
the opportunity to appeal the exclusion, as provided under s.
120.13 (1) (c) 3.
(6) The school, day care center or nursery school
shall notify the district attorney of the county in which the student
resides of any minor student who fails to present written evidence
of completed immunizations or a written waiver under sub. (3) within
60 school days after being admitted to the school, day care center
or nursery school. The district attorney shall petition the court
exercising jurisdiction under chs. 48 and 938 for an order directing
that the student be in compliance with the requirements of this
section. If the court grants the petition, the court may specify
the date by which a written waiver shall be submitted under sub.
(3) or may specify the terms of the immunization schedule. The court
may require an adult student or the parent, guardian or legal custodian
of a minor student who refuses to submit a written waiver by the
specified date or meet the terms of the immunization schedule to
forfeit not more than $ 25 per day of violation.
(7) If an emergency arises, consisting of a substantial
outbreak as determined by the department by rule of one of the diseases
specified in sub. (2) at a school or in the municipality in which
the school is located, the department may order the school to exclude
students who are not immunized until the outbreak subsides.
(8) The department shall provide the vaccines
without charge, if federal or state funds are available for the
vaccines, upon request of a school district or a local health department.
The department shall provide the necessary professional consultant
services to carry out an immunization program, under the requirements
of sub. (9), in the jurisdiction of the requesting local health
department. Persons immunized may not be charged for vaccines furnished
by the department.
(9)
(a) An immunization program under sub. (8)
shall be supervised by a physician, selected by the school district
or local health department, who shall issue written orders for
the administration of immunizations that are in accordance with
written protocols issued by the department.
(b) If the physician under par. (a) is not an employee of the
county, city, village or school district, receives no compensation
for his or her services under par. (a) and acts under par. (a)
in accordance with written protocols issued by the department,
he or she is a state agent of the department for the purposes
of ss. 165.25 (6), 893.82 (3) and 895.46 (c) The department may
disapprove the selection made under par. (a) or may require the
removal of a physician selected.
(10) The department shall, by rule, prescribe
the mechanisms for implementing and monitoring compliance with this
section. The department shall prescribe, by rule, the form that
any person immunizing a student shall provide to the student under
sub. (1)
(11) Annually, by July 1, the department shall
submit a report to the legislature under s. 13.172 (3) on the success
of the statewide immunization program under this section.
Wis. Stat. § 252.09 (2007)
252.09 Meningococcal disease and hepatitis
B.
(1) Each private college and university in this
state shall do all of the following:
(a) Annually, provide detailed information
on the risks associated with meningococcal disease and hepatitis
B and the availability and effectiveness of vaccines against the
diseases to each enrolled student, if he or she is at least 18
years old, or to the student's parent or guardian, if the student
is a minor.
(b) Require a student who resides in a dormitory or residence
hall, or the student's parent or guardian if the student is a
minor, to affirm that the student received the information under
par. (a).
(c) Require a student who resides in a dormitory or residence
hall to affirm whether he or she has received the vaccination
against meningococcal disease and to provide the date of the vaccination,
if any.
(d) Require a student who resides in a dormitory or residence
hall to affirm whether he or she received the vaccination against
hepatitis B and to provide the date of the vaccination, if any.
(e) Maintain a confidential record of the affirmations and the
dates of the vaccinations of each student under pars. (c) and
(d).
(2) Nothing in this section requires a college
or university to provide or pay for vaccinations against meningococcal
disease or hepatitis B.
WISCONSIN
CHAPTER 36. UNIVERSITY OF WISCONSIN SYSTEM
Wis. Stat. § 36.25 (2007)
36.25 Special programs. (46) Meningococcal
disease and hepatitis B.
(a) The board shall do all of the following:
1. Annually, provide detailed information
on the risks associated with meningococcal disease and hepatitis
B and the availability and effectiveness of vaccines against the
diseases to each enrolled student, if he or she is at least 18
years old, or to the student's parent or guardian, if the student
is a minor.
2. Require a student who resides in a dormitory or residence hall,
or the student's parent or guardian if the student is a minor,
to affirm that the student received the information under subd.
1.
3. Require a student who resides in a dormitory or residence hall
to affirm whether he or she has received the vaccination against
meningococcal disease and to provide the date of the vaccination,
if any.
4. Require a student who resides in a dormitory or residence hall
to affirm whether he or she has received the vaccination against
hepatitis B and to provide the date of the vaccination, if any.
5. Maintain a confidential record of the affirmations and the
dates of the vaccinations of each student under subds. 3. and
4.
(b) Nothing in this subsection requires the
board to provide or pay for vaccinations against meningococcal disease
or hepatitis B.
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