§ 130A-152. Immunization required.
Part 2. Immunization.
§ 130A‑152. Immunization required.
(a) Every child presentin this State shall be immunized against diphtheria, tetanus, whooping cough,poliomyelitis, red measles (rubeola) and rubella. In addition, every childpresent in this State shall be immunized against any other disease upon adetermination by the Commission that the immunization is in the interest of thepublic health. Every parent, guardian, person in loco parentis and person oragency, whether governmental or private, with legal custody of a child shallhave the responsibility to ensure that the child has received the requiredimmunization at the age required by the Commission. If a child has not receivedthe required immunizations by the specified age, the responsible person shallobtain the required immunization for the child as soon as possible after thelack of the required immunization is determined.
(b) Repealed by SessionLaws 2002‑179, s. 10, effective October 1, 2002.
(c) The Commissionshall adopt and the Department shall enforce rules concerning theimplementation of the immunization program. The rules shall provide for:
(1) The child's age atadministration of each vaccine;
(2) The number of dosesof each vaccine;
(3) Exemptions from theimmunization requirements where medical practice suggests that immunizationwould not be in the best health interests of a specific category of children;
(4) The procedures andpractices for administering the vaccine; and
(5) Redistribution ofvaccines provided to local health departments.
(c1) The Commission forPublic Health shall, pursuant to G.S. 130A‑152 and G.S. 130A‑433,adopt rules establishing reasonable fees for the administration of vaccines andrules limiting the requirements that can be placed on children, their parents,guardians, or custodians as a condition for receiving vaccines provided by theState. These rules shall become effective January 1, 1994.
(d) Only vaccinepreparations which meet the standards of the United States Food and DrugAdministration or its successor in licensing vaccines and are approved for useby the Commission may be used.
(e) When the Commissionrequires immunization against a disease not listed in paragraph (a) of thissection, or requires an additional dose of a vaccine, the Commission is authorizedto exempt from the new requirement children who are or who have been enrolledin school (K‑12) on or before the effective date of the new requirement. (1957, c. 1357, s. 1; 1971,c. 191; 1973, c. 476, s. 128; c. 632, s. 1; 1975, c. 84; 1977, c. 160; 1979, c.56, s. 1; 1983, c. 891, s. 2; 1985, c. 158; 1993, c. 321, s. 281(a); 2002‑179,s. 10; 2007‑182, s. 2.)