2018 -- H 7704

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LC004884

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HEALTH AND SAFETY - DEPARTMENT OF HEALTH

     Introduced By: Representatives Price, O`Grady, McKiernan, Filippi, and Roberts

     Date Introduced: February 28, 2018

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. 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.

     (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) Vaccine providers shall obtain written consent from the vaccine recipient in the form

of a signature to be kept on file with the recipient and vaccine provider. The informed consent

form shall include language that the vaccine provider has given the recipient a copy of the

vaccine manufacturer's package insert listing the vaccines' ingredients, contraindications and

potential adverse reactions, including death. The form shall also state that the vaccine recipient

shall have the lawful right to decline the vaccine by signing a vaccine exemption form approved

by the department of health.

     SECTION 2. 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. It shall be the responsibility of the administrative head of the school to secure

compliance with these regulations.

     (b) Vaccine providers shall obtain written consent from the vaccine recipient in the form

of a signature to be kept on file with the recipient and vaccine provider. The informed consent

form shall include language that the vaccine provider has given the recipient a copy of the

vaccine manufacturer's package insert listing the vaccines' ingredients, contraindications and

potential adverse reactions, including death. The form shall also state that the vaccine recipient

shall have the lawful right to decline the vaccine by signing a vaccine exemption form approved

by the department of health.

     (b)(c) 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.

     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 HEALTH AND SAFETY - DEPARTMENT OF HEALTH

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     This act would require informed consent for mandatory vaccines.

     This act would take effect upon passage.

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LC004884

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