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R396. Health, Family Health Services, Child Health.
R396-100. Immunization Rule for Students.
Effective July 1, 2008
Table of Contents
R396-100-1. Purpose and Authority.
(1) This rule implements the immunization requirements of Title 53A, Chapter 11, Part 3. It establishes minimum immunization requirements for attendance at a public, private, or parochial kindergarten, elementary, or secondary school through grade 12, nursery school, licensed day care center, child care facility, family home care, or Head Start program in this state. It establishes:
(a) required doses and frequency of vaccine administration; (b) reporting of statistical data; and
(c) time periods for conditional enrollment.
(2) This rule is required by Section 53A-11-303 and authorized by Section 53A-11-306.
R396-100-2. Definitions.
As used in this rule:
"Department" means the Utah Department of Health.
"Early Childhood Program" means a nursery or preschool, licensed day care center, child care facility, family care home, or Head Start program.
"Exemption" means a relief from the statutory immunization requirements by reason of qualifying under Sections 53A-11-302 and 302.5.
"Parent" means a biological or adoptive parent who has legal custody of a child; a legal guardian, or the student, if of legal age.
"School" means a public, private, or parochial kindergarten, elementary, or secondary school through grade 12.
"School entry" means a student, at any grade, entering a Utah school or an early childhood program for the first time.
"Student" means an individual enrolled or attempting to enroll in a school or early childhood program.
R396-100-3. Required Immunizations.
(1) A student born before July 1, 1993 must meet the minimum immunization requirements of the ACIP prior to school entry for the following antigens: Diphtheria, Tetanus, Pertussis, Polio, Measles, Mumps, and Rubella.
(2) A student born after July 1, 1993 must meet the minimum immunization requirements of the ACIP prior to school entry for the following antigens: Diphtheria, Tetanus, Pertussis, Polio, Measles, Mumps, Rubella, and Hepatitis B.
(3) A student born after July 1, 1993 must also meet the minimum immunization requirements of the ACIP prior to entry into the seventh grade for the following antigens: Tetanus, Diphtheria, Pertussis, and Varicella.
(4) A student born after July 1, 1996 must meet the minimum immunization requirements of the ACIP prior to school entry for the following antigens: Diphtheria, Tetanus, Pertussis, Polio, Measles, Mumps, Rubella, Hepatitis B, Hepatitis A, and Varicella.
(5) To attend a Utah early childhood program, a student must meet the minimum immunization requirements of the ACIP for the following antigens: Diphtheria, Tetanus, Pertussis, Polio, Measles, Mumps, Rubella, and Haemophilus Influenza Type b, Hepatitis A, Hepatitis B, Pneumococcal, and Varicella prior to school entry.
(6) The vaccinations must be administered according to the recommendations of the United States Public Health Service's Advisory Committee on Immunization Practices (ACIP) as listed below which are incorporated by reference into this rule:
(a) General Recommendations on Immunization: December
1, 2006/Vol 55/No. RR-15;
(b) Immunization of Adolescents: November 22, 1996/Vol. 45/No. RR-13;
(c) Combination Vaccines for Childhood Immunization: May 14, 1999/Vol. 48/No. RR-5;
(d) Diphtheria, Tetanus, and Pertussis: Recommendations for Vaccine Use and Other Preventive Measures: August 8, 1991/Vol. 40/No. RR-10;
(e) Pertussis Vaccination: Use of Acellular Pertussis Vaccines Among Infants and Children: March 28, 1997/Vol. 46/No. RR-7;
(f) Use of Diphtheria Toxoid-Tetanus Toxoid-Acellular Pertussis Vaccine as a Five-Dose Series: Supplemental Recommendations of the Advisory Committee on Immunization Practices: November 17, 2000/Vol. 49/No. RR-13;
(g) Preventing Tetanus, Diptheria, and Pertussis among adolescents: Use of Tetanus Toxoid, Reduced Diptheria Toxoid and Acellular Pertussis Vaccines: March 24, 2006/Vol. 55/No. RR-3;
(h) A Comprehensive Strategy to Eliminate Transmission of Hepatitis B Virus Infection in the United States: December 23, 2005/Vol. 54/No. RR-6;
(i) Haemophilus b Conjugate Vaccines for revention of Haemophilus influenzae Type b Disease Among Infants and Children Two Months of Age and Older: January 11, 1991/Vol. 40/No. RR-1;
(j) Recommendations for Use of Haemophilus b Conjugate Vaccines and a Combined Diphtheria, Tetanus, and Pertussis, and Haemophilus b Vaccine: September 17, 1993/Vol. 42/No. RR-13;
(k) Measles, Mumps, and Rubella-Vaccine Use and Strategies for Elimination of Measles, Rubella, and Congenital Rubella Syndrome and Control of Mumps: May 22, 1998/Vol. 47/No. RR-8;
(l) Updated Recommendations of the Advisory Committee on Immunization Practices (ACIP) for the Control and Elimination of Mumps: June 9, 2006/Vol. 55/ No.22;
(m) Poliomyelitis Prevention in the United States: May 19, 2000/Vo..49/No/ RR-5;
(n) Prevention of Varicella: June 22, 2007/Vol. 56/No. RR-4;
(o) Prevention of Hepatitis A Through Active or Passive Immunization: May 29, 2006/Vol. 55/No. RR-7; and
(p) Preventing Pneumococcal Disease Among Infants and Young Children: October 6, 2000/Vol. 49/No. RR-9.
R396-100-4. Official Utah School Immunization Record (USIR).
(1) Schools and early childhood programs shall use the official Utah School Immunization Record (USIR) form as the record of each student's immunizations. The Department shall provide copies of the USIR to schools, early childhood programs, physicians, and local health departments upon each of their requests.
(2) Each school or early childhood program shall accept any immunization record provided by a licensed physician, registered nurse, or public health official as certification of immunization. It shall transfer this information to the USIR with the following information:
(a) name of the student;
(b) student's date of birth;
(c) vaccine administered; and
(d) the month, day, and year each dose of vaccine was administered.
(3) Each school and early childhood program shall maintain a file of the USIR for each student in all grades and an exemption form for each student claiming an exemption.
(a) The school and early childhood programs shall maintain up-to-date records of the immunization status for all students in all grades such that it can quickly exclude all non-immunized students if an outbreak occurs.
(b) If a student withdraws, transfers, is promoted or otherwise leaves school, the school or early childhood program shall either:
(i) return the USIR and any exemption form to the parent of a student; or
(ii) transfer the USIR and any exemption form with the student's official school record to the new school or early childhood program.
(4) A representative of the Department or the local health department may examine, audit, and verify immunization records maintained by any school or early childhood program.
(5) Schools and early childhood programs may meet the record keeping requirements of this section by keeping its official school immunization records in the Utah Statewide Immunization Information System (USIIS).
R396-100-5. Exemptions.
A parent claiming an exemption to immunization for medical, religious or personal reasons, as allowed by Section 53A-11-302, shall provide to the student's school or early childhood program the required completed forms. The school or early childhood program shall attach the forms to the student's USIR.
R396-100-6. Reporting Requirements.
(1) Each school and early childhood program shall report the following to the Department in the form or format prescribed by the Department:
(a) by November 30 of each year, a statistical report of the immunization status of students enrolled in a licensed day care center, Head Start program, and kindergartens;
(b) by November 30 of each year, a statistical report of the two-dose measles immunization status of all kindergarten through twelfth grade students;
(c) by November 30 of each year, a statistical report of diphtheria, tetanus, hepatitis B, varicella, and the two-dose measles immunization status of all seventh grade students; and
(d) by June 15 of each year, a statistical follow-up report of those students not appropriately immunized from the November 30 report in all public schools, kindergarten through twelfth grade.
(2) The information that the Department requires in the reports shall be in accordance with the Centers for Disease Control and Prevention guidelines.
R396-100-7. Conditional Enrollment and Exclusion.
A school or early childhood program may conditionally enroll a student who is not appropriately immunized as required in this rule. To be conditionally enrolled, a student must have received at least one dose of each required vaccine and be on schedule for subsequent immunizations. If subsequent immunizations are one calendar month past due, the school or early childhood program must immediately exclude the student from the school or early childhood program.
(1) A school or early childhood program with conditionally enrolled students shall routinely review every 30 days the immunization status of all conditionally enrolled students until each student has completed the subsequent doses and provided written documentation to the school or early childhood program.
(2) Once the student has met the requirements of this rule, the school or early childhood program shall take the student off conditional status.
R396-100-8. Exclusions of Students Who Are Under Exemption and Conditionally Enrolled Status.
(1) A local or state health department representative may exclude a student who has claimed an exemption to all vaccines or to one vaccine or who is conditionally enrolled from school attendance if there is good cause to believe that the student has a vaccine preventable disease and:
(a) has been exposed to a vaccine-preventable disease; or (b) will be exposed to a vaccine-preventable disease as a result of school attendance.
(2) An excluded student may not attend school until the local health officer is satisfied that a student is no longer at risk of contracting or transmitting a vaccine-preventable disease.
R396-100-9. Penalties.
Enforcement provisions and penalties for the violation or for the enforcement of public health rules, including this Immunization Rule for Students, are prescribed under Section 26-23-6. A violation is punishable as a class B misdemeanor on the first offense, a class A misdemeanor on the second offense or by civil penalty of up to $5,000 for each violation.
KEY
Immunization, Rules and Procedures
Date of Enactment or Last Substantive Amendment
July 29, 2008
Notice of Continuation
July 25, 2008
Authorizing, Implemented, or Interpreted Law
53A-11-303; 53A-11-306
Rule converted into HTML by the Division of Administrative Rules.
For questions regarding the content or application of rules under Title R396, please contact the promulgating agency (Health, Community and Family Health Services, Immunization). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html.
For questions about the rulemaking process, please contact the Division of Administrative Rules. Please Note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.
The HTML version of this rule is a convenience copy. This information is made available on the Internet as a public service. Please see this disclaimer about information available from www.rules.utah.gov.
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