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214.034 Immunization of children -- Testing and treatment of children for tuberculosis -- Requirement for reception and retention of current immunization certificate by schools and child-care faciliti

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Page 1 of 2 214.034 Immunization of children -- Testing and treatment of children for tuberculosis -- Requirement for reception and retention of current <br>immunization certificate by schools and child-care facilities. Except as otherwise provided in KRS 214.036: <br>(1) All parents, guardians, and other persons having care, custody, or control of any child shall have the child immunized against diphtheria, tetanus, poliomyelitis, <br>pertussis, measles, rubella, mumps, hepatitis B, and haemophilis influenzae disease <br>in accordance with testing and immunization schedules established by regulations <br>of the Cabinet for Health and Family Services. Additional immunizations may be <br>required by the Cabinet for Health and Family Services through the promulgation of <br>an administrative regulation pursuant to KRS Chapter 13A if recommended by the <br>United States Public Health Service or the American Academy of Pediatrics. All <br>parents, guardians, and other persons having care, custody, or control of any child <br>shall also have any child found to be infected with tuberculosis examined and <br>treated according to administrative regulations of the Cabinet for Health and Family <br>Services promulgated under KRS Chapter 13A. The persons shall also have booster <br>immunizations administered to the child in accordance with the regulations of the <br>Cabinet for Health and Family Services. (2) A local health department may, with the approval of the Department of Public Health, require all first-time enrollees in a public or private school within the health <br>department's jurisdiction to be tested for tuberculosis prior to entering school. <br>Following the first year of school, upon an epidemiological determination made by <br>the state or local health officer in accordance with administrative regulations <br>promulgated by the Cabinet for Health and Family Services, all parents, guardians, <br>and other persons having care, custody, or control of any child shall have the child <br>tested for tuberculosis, and shall have any child found to be infected with <br>tuberculosis examined and treated according to administrative regulations of the <br>Cabinet for Health and Family Services. Nothing in this section shall be construed <br>to require the testing for tuberculosis of any child whose parent or guardian is <br>opposed to such testing, and who objects by a written sworn statement to the testing <br>for tuberculosis of the child on religious grounds. However, in a suspected case of <br>tuberculosis, a local health department may require testing of this child. (3) All public or private primary or secondary schools, and preschool programs shall require a current immunization certificate for any child enrolled as a regular <br>attendee, as provided by administrative regulation of the Cabinet for Health and <br>Family Services, promulgated under KRS Chapter 13A, to be on file within two (2) <br>weeks of the child's attendance. (4) All public or private primary schools shall require a current immunization certificate for hepatitis B for any child enrolled as a regular attendee in the sixth <br>grade, as provided by administrative regulation of the Cabinet for Health and <br>Family Services, promulgated under KRS Chapter 13A, to be on file within two (2) <br>weeks of the child's attendance. (5) For each child cared for in a day-care center, certified family child-care home, or any other licensed facility which cares for children, a current immunization Page 2 of 2 certificate, as provided by administrative regulation of the Cabinet for Health and <br>Family Services, promulgated under KRS Chapter 13A, shall be on file in the <br>center, home, or facility within thirty (30) days of entrance into the program or <br>admission to the facility. (6) Any forms relating to exemption from immunization requirements shall be available at public or private primary or secondary schools, preschool programs, day-care <br>centers, certified family child-care homes, or other licensed facilities which care for <br>children. Effective: July 15, 2008 <br>History: Amended 2008 Ky. Acts ch. 124, sec. 1, effective July 15, 2008. -- Amended 2005 Ky. Acts ch. 99, sec. 448, effective June 20, 2005. -- Amended 2000 Ky. Acts <br>ch. 349, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 302, sec. 1, <br>effective July 15, 1998; and ch. 426, sec. 395, effective July 15, 1998. -- Amended <br>1996 Ky. Acts ch. 306, sec. 1, effective July 15, 1996. -- Amended 1982 Ky. Acts <br>ch. 271, sec. 1, effective July 15, 1982. -- Amended 1976 Ky. Acts ch. 14, sec. 1; and <br>ch. 128, sec. 4. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1) and (3). -- <br>Amended 1972 Ky. Acts ch. 341, sec. 2. -- Amended 1968 Ky. Acts ch. 87, sec. 2. -- <br>Created 1962 Ky. Acts ch. 95, sec. 2. Legislative Research Commission Note (7/15/98). A reference in this statute to the former Department of Health Services has been changed to the Department of Public <br>Health under 1998 Ky. Acts ch. 426, sec. 629, and KRS 7.136(2).