2020 -- S 2652

========

LC004285

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

____________

A N   A C T

RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH

     Introduced By: Senators Metts, Morgan, and de la Cruz

     Date Introduced: February 27, 2020

     Referred To: Senate Health & Human Services

     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 routine adult

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

immunization program includes administrative and quality assurance services and the Rhode

Island Child and Adult Immunization Registry (RICAIR), a confidential, computerized

information system that is used to manage statewide immunizations, for all persons in Rhode

Island.

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

be convened after the ACIP makes a recommendation regarding 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 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 healthcare industry and major insurers.

     (c) For the purpose of protecting patients' information, all personally-identifiable

information obtained pursuant to this section shall be subject to the privacy protections of chapter

37.3 of title 5 and the Health Insurance Portability and Accountability Act of 1996, Pub. L. No.

104-191 (HIPAA), as amended. An adult person, parent, guardian, or other person having custody

of a minor child, may elect against vaccination for themselves or on behalf of the minor child,

where the immunization is for a non-casual contact disease transmitted by sexual contact between

individuals, by furnishing their decision in writing to the institution in question.

     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. Where the immunization is for a non-casual contact disease transmitted by

sexual contact between individuals, an adult person, parent, guardian, or other person having

custody of a minor child, may elect against vaccination for themselves or on behalf of the minor

child, by furnishing their decision in writing to the school. All consent forms or other

correspondence sent to parents and guardians with respect to vaccinations shall affirmatively

notify them of the option to opt out of participation in the vaccination program. 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.

     SECTION 3. This act shall take effect upon passage.

========

LC004285

========

LC004285 - Page 2 of 3

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HEALTH AND SAFETY -- DEPARTMENT OF HEALTH

***

     This act would amend the provisions of the general laws relating to vaccines by allowing

adults, parents, guardians, or persons in custody of a child to opt out of vaccines for non-casual

contact diseases transmitted by sexual contact between individuals and would require all

correspondence to parents relating to vaccinations to contain notification about the option to opt

out.

     This act would take effect upon passage.

========

LC004285

========

LC004285 - Page 3 of 3