CHAPTER 4. IMMUNIZATIONS
IC 20-34-4
Chapter 4. Immunizations
IC 20-34-4-1
Keeping immunization records; student transfer
Sec. 1. (a) Each school shall keep an immunization record of the
school's students. The records must be kept uniformly throughout
Indiana according to procedures prescribed by the state department
of health.
(b) Whenever a student transfers to another school, the school
from which the student is transferring may furnish, not later than
twenty (20) days after the transfer, a copy of the student's
immunization record to the school to which the student is
transferring.
(c) Whenever a student enrolls in a state educational institution,
the school from which the student graduated may furnish a copy of
the student's immunization record to the state educational institution.
If the student is enrolled in a state educational institution while still
attending a secondary level school, the secondary level school that
the student is attending may furnish a copy of the student's
immunization record to the state educational institution.
As added by P.L.1-2005, SEC.18. Amended by P.L.2-2007, SEC.231.
IC 20-34-4-2
Required immunizations
Sec. 2. (a) Every child residing in Indiana shall be immunized
against:
(1) diphtheria;
(2) pertussis (whooping cough);
(3) tetanus;
(4) measles;
(5) rubella;
(6) poliomyelitis; and
(7) mumps.
(b) Every child residing in Indiana who enters kindergarten or
grade 1 shall be immunized against hepatitis B and chicken pox.
(c) The state department of health shall adopt rules under
IC 4-22-2 to require school age children to receive additional
immunizations against the following:
(1) Meningitis.
(2) Varicella.
(3) Pertussis (whooping cough).
The additional immunizations required under the rules shall include
an immunization booster if considered appropriate by the state
department.
(d) The state department of health may expand or otherwise
modify the list of communicable diseases that require documentation
of immunity as medical information becomes available that would
warrant the expansion or modification in the interest of public health.
(e) The state department of health shall adopt rules under
IC 4-22-2 specifying the:
(1) required immunizations;
(2) child's age for administering each vaccine;
(3) adequately immunizing doses; and
(4) method of documentation of proof of immunity.
As added by P.L.1-2005, SEC.18. Amended by P.L.161-2009, SEC.5.
IC 20-34-4-3
Notification; provision of information to parents
Sec. 3. (a) Each school shall notify each parent of a student who
enrolls in the school of the requirement that the student must be
immunized and that the immunization is required for the student's
continued enrollment, attendance, or residence at the school unless:
(1) the parent or student provides the appropriate
documentation of immunity;
(2) for chicken pox, the parent or student provides a written
signed statement that the student has indicated a history of
chicken pox; or
(3) IC 20-34-3-2 or IC 20-34-3-3 applies.
(b) A school that enrolls grade 6 female students shall provide
each parent of a female student who is entering grade 6 with
information prescribed by the state department of health under
subsection (c) concerning the link between cervical cancer and the
human papillomavirus (HPV) infection and that an immunization
against the human papillomavirus (HPV) infection is available.
(c) The state department of health shall provide a school described
in subsection (b) with the information concerning cervical cancer and
the human papillomavirus (HPV) infection required in subsection
(b). The information must include the following:
(1) The latest scientific information on the immunization
against the human papillomavirus (HPV) infection and the
immunization's effectiveness against causes of cervical cancer.
(2) That a pap smear is still critical for the detection of
precancerous changes in the cervix to allow for treatment before
cervical cancer develops.
(3) Information concerning the means in which the human
papillomavirus (HPV) infection is contracted.
(4) A statement that any questions or concerns concerning
immunizing the child against human papillomavirus (HPV)
could be answered by contacting a health care provider.
As added by P.L.1-2005, SEC.18. Amended by P.L.80-2007, SEC.1.
IC 20-34-4-4
Presenting student for immunization; documentation
Sec. 4. (a) The parent of any student who has not received the
immunizations required under this chapter shall present the student
to a physician and request the physician administer the
immunizations. If the parent is unable to secure the immunizations,
the local health department serving the area in which the student
resides may provide the immunizations. Vaccines provided by the
local health department shall be furnished by the local health board
or the state department of health from available supplies.
(b) The physician who administers the required vaccines to a
student shall give a certificate or other documentation of the
immunizations to the individual who presented the student for
immunization. This certificate or other documentation shall be
presented on request to the local health department or the local health
department's authorized representative.
As added by P.L.1-2005, SEC.18.
IC 20-34-4-5
Statement of immunization history; waiver; rules
Sec. 5. (a) Each school shall require the parent of a student who
has enrolled in the school to furnish not later than the first day of
school a written statement of the student's immunization,
accompanied by the physician's certificates or other documentation,
unless a written statement of this nature is on file with the school.
(b) The statement must show, except for a student to whom
IC 20-34-3-2 or IC 20-34-3-3 applies, that the student has been
immunized as required under section 2 of this chapter. The statement
must include the student's date of birth and the date of each
immunization.
(c) A student may not be permitted to attend school beyond the
first day of school without furnishing the written statement, unless:
(1) the school gives the parent of the student a waiver; or
(2) the local health department or a physician determines that
the student's immunization schedule has been delayed due to
extreme circumstances and that the required immunizations will
not be completed before the first day of school.
The waiver referred to in subdivision (1) may not be granted for a
period that exceeds twenty (20) days. If subdivision (2) applies, the
parent of the student shall furnish the written statement and a
schedule, approved by a physician or the local health department, for
the completion of the remainder of the immunizations.
(d) The state department of health may commence an action
against a school under IC 4-21.5-3-6 or IC 4-21.5-4 for the issuance
of an order of compliance for failure to enforce this section.
(e) Neither a religious objection under IC 20-34-3-2 nor an
exception for the student's health under IC 20-34-3-3 relieves a
parent from the reporting requirements under this section.
(f) The state department of health shall adopt rules under
IC 4-22-2 to implement this section.
As added by P.L.1-2005, SEC.18.
IC 20-34-4-5.5
Written statement of receipt of information and whether student
received immunization or parent chooses not to provide
information on immunization history
Sec. 5.5. (a) Each school that enrolls grade 6 female students shall
require the parent of a female student entering grade 6 to furnish not
later than the twenty (20) school days after the first day of school a
written statement prescribed by the state department of health under
subsection (b) stating that the parent has received the information
required under section 3(b) of this chapter and that:
(1) the student has received or is receiving the immunization;
(2) the parent has decided not to have the student immunized;
or
(3) the parent chooses not to provide the information to the
school concerning whether the student was immunized;
against the human papillomavirus (HPV) infection.
(b) The state department of health shall prescribe the format for
the written statement required under subsection (a).
(c) A student may not be prevented from enrolling in, attending,
or graduating from school for the sole reason that the student has not
provided the school with the written statement required under this
section.
As added by P.L.80-2007, SEC.2.
IC 20-34-4-6
Reports of immunization to department of health; onsite review or
examination
Sec. 6. (a) Not later than sixty (60) days after the enrollment of
students for the first time and when additional immunizations are
required by statute or rule, each school shall file a written report with
the state department of health and the local health department having
jurisdiction. The report must include the following:
(1) A statement of the number of students who have
demonstrated immunity against diphtheria, pertussis (whooping
cough), tetanus, measles, rubella, poliomyelitis, mumps, and
hepatitis B.
(2) A statement of the number of students who have not
demonstrated immunity against the illnesses listed in
subdivision (1).
(3) A statement of the number of students who have been found
positive for sickle cell anemia or lead poisoning.
(4) Beginning in the 2008-2009 school year, a statement of the
number of female students in grade 6 who:
(A) have or will have; and
(B) have not;
been immunized against human papillomavirus (HPV)
infection, and the number of female students in grade 6 whose
parent chose not to provide the information to the school
concerning whether the student was immunized.
(b) The state department of health and the local health department
shall, for good cause shown that there exists a substantial threat to
the health and safety of a student or the school community, be able
to validate immunization reports by onsite reviews or examinations
of nonidentifying immunization record data. This section does not
independently authorize the state department of health, a local
department of health, or an agent of the state department of health or
local department of health to have access to identifying medical or
academic record data of individual students attending nonaccredited
nonpublic schools.
(c) A school shall file a report for each student who enrolls after
the filing of the report for students who enrolled at the beginning of
the school year. The state department of health has exclusive power
to adopt rules for the administration of this section.
As added by P.L.1-2005, SEC.18. Amended by P.L.231-2005,
SEC.45; P.L.80-2007, SEC.3.
IC 20-34-4-7
Repealed
(Repealed by P.L.1-2009, SEC.174.)