2017 -- S 0047

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LC000281

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO EDUCATION - OFFENSES PERTAINING TO SCHOOLS

     Introduced By: Senators Raptakis, and Morgan

     Date Introduced: January 18, 2017

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 16-38-2 of the General Laws in Chapter 16-38 entitled "Offenses

Pertaining to Schools [See Title 16 Chapter 97 - The Rhode Island Board of Education Act]" is

hereby amended to read as follows:

     16-38-2. Immunization.

     (a) Every person upon entering any public or private school including any college or

university in this state as a pupil shall furnish to the administrative head of the school evidence

that the person has been immunized against any diseases that may from time to time be prescribed

by regulation of the director of health and tested for tuberculosis, or a certificate from a licensed

physician stating that the person is not a fit subject for immunization for medical reasons, or a

certificate signed by the pupil, if over eighteen (18) years of age, or by the parent or guardian

stating that immunization and/or testing for communicable diseases is contrary to that person's

religious beliefs or contrary to a personal belief of the pupil or the parent or guardian of the pupil.

It shall be the responsibility of the administrative head of the school to secure compliance with

these regulations.

     (b) Every child more than twenty-four (24) months of age, resident in the state of Rhode

Island, shall be eligible to receive the immunization against meningococcal disease. The

Department of Health shall include meningococcal vaccine in the department's immunization

program, established by § 23-1-44.

     (c) Notwithstanding the provisions of subsection (a) of this section, no person shall be

required to be immunized for human papillomavirus (HPV) as a condition of entering or inclusion

in any public or private school or university in this state.

     SECTION 2. Section 23-1-44 of the General Laws in Chapter 23-1 entitled "Department

of Health" is hereby amended to read as follows:

     23-1-44. Routine childhood and adult immunization vaccines.

     (a) The department of health shall include in the department's immunization program

those vaccines for routine childhood immunization as recommended by the Advisory Committee

for Immunization Practices (ACIP) and the Academy of Pediatrics (AAP), and for adult influenza

immunization as recommended by the ACIP, to the extent permitted by available funds. The

childhood immunization program includes administrative and quality assurance services and

KIDSNET, a confidential, computerized child health information system that is used to manage

statewide immunizations, as well as other public health preventive services, for all children in

Rhode Island from birth through age 18 and shall only set minimum standards for those diseases

which are transmissible in a school environment.

     (b) The director of the department of health shall appoint an advisory committee that will

be convened after the ACIP makes a recommendation regarding adult immunization. The

committee will review the ACIP recommendations for the state, assess the vaccine cost and

feasibility, and advise the director of health and the office of the health insurance commissioner

regarding insurers and providers acting on the ACIP adult immunization recommendation. All

recommendations will be posted on the department of health website. The advisory committee

membership shall include, but not be limited to, a primary care provider, pharmacist,

representatives of the nursing home industry, the home health care industry and major insurers.

     (c) The director of the department of health shall be required to conduct a minimum of

three (3) public hearings whenever a change to the minimum standards for immunizations is

proposed.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION - OFFENSES PERTAINING TO SCHOOLS

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     This act would make several changes to the department of health's authority to mandate

certain vaccinations, would reinstate the philosophical exemption to vaccinations, and would

require public hearings when changes to required vaccinations are proposed.

     This act would take effect upon passage.

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LC000281

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