SENATE DRS25101-MG-35A (02/10)




Short Title: Enact Stricter Immunization Requirements.



Senators Tarte, Barringer, and Van Duyn (Primary Sponsors).

Referred to:




AN ACT Addressing public health policy for the Health, safety, and well‑being of our children by revising immunization requirements for school attendance to make these requirements more consistent with the recommendations of the united states department of health and human services, centers for disease control and prevention, advisory committee on immunization practices; to require all students to be screened for severe combined immunodeficiency prior to immunization; to amend the medical exemption for required immunizations; and to repeal the religious exemption for required immunizations.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 130A‑152 reads as rewritten:

" 130A‑152. Immunization required.

(a) EveryIt is not the intent of the General Assembly to require any child in this State to be immunized, as it is the parent, guardian, or custodian of a child who makes the final determination as to whether or not to immunize the child. However, in order to attend school in this State (K‑12), each student shall be immunized in accordance with this section.

(a1) In order to attend school in this State (K‑12), a child present in this State shall be immunized against hepatitis A, hepatitis B, rotavirus, diphtheria, tetanus, whooping cough, poliomyelitis, red measles (rubeola) and rubella.(rubeola), rubella, mumps, pneumococcal disease, influenza, varicella, meningitis, and any other virus, disease, or condition against which the United States Department of Health and Human Services, Centers for Disease Control and Prevention, Advisory Committee on Immunization Practices (ACIP), currently recommends for persons aged from birth through 18 years, except that no child shall be required to be immunized against human papillomavirus (HPV) or any other sexually transmitted disease. In addition, every child present in this State shall be immunized against any other disease upon a determination by the Commission that the immunization is in the interest of the public health. Prior to receiving any of the immunizations required by this section, each child shall be screened for Severe Combined Immunodeficiency to determine if the child qualifies for a medical exemption under G.S. 130A‑156. Every parent, guardian, person in loco parentis and person or agency, whether governmental or private, with legal custody of a child shall have the responsibility to ensure that that, unless qualified for a medical exemption under G.S. 130A‑156, the child has received the required immunization at the age required by the Commission.Commission based on recommendations by ACIP. If a child has not received the required immunizations by the specified age, age and does not qualify for a medical exemption under G.S. 130A‑156, the responsible person shall obtain the required immunization for the child as soon as possible after the lack of the required immunization is determined.

(b) Repealed by Session Laws 2002‑179, s. 10, effective October 1, 2002.

(c) The Commission shall adopt and the Department shall enforce rules concerning the implementation of the immunization program. The rules shall provide for:for all of the following:

(1) The child's age at administration of each vaccine;vaccine.

(2) The number of doses of each vaccine;vaccine.

(3) Exemptions from the immunization requirements where medical practice suggests that immunization would not be in the best health interests of a specific category of children;children.

(4) The procedures and practices for administering the vaccine; andvaccine.

(5) Redistribution of vaccines provided to local health departments.

(c1) The Commission for Public Health shall, pursuant to G.S. 130A‑152 and G.S. 130A‑433, adopt rules establishing reasonable fees for the administration of vaccines and rules limiting the requirements that can be placed on children, their parents, guardians, or custodians as a condition for receiving vaccines provided by the State. These rules shall become effective January 1, 1994.

(d) Only vaccine preparations which meet the standards of the United States Food and Drug Administration or its successor in licensing vaccines and are approved for use by the Commission may be used.

(e) When the Commission requires an additional immunization against a disease not listed in paragraph (a) of this section, or requires an additional dose of a vaccine,vaccine based on a new recommendation by the United States Department of Health and Human Services, Centers for Disease Control and Prevention, Advisory Committee on Immunization Practices, the requirement for the additional immunizations shall be effective beginning with the next academic year. the The Commission is authorized to exempt from the new requirement children who are or who have been enrolled in school (K‑12) on or before the effective date of the new requirement.requirement if they are beyond the age at which vaccination is recommended."

SECTION 2. G.S. 130A‑156 reads as rewritten:

" 130A‑156. Medical exemption.

The Commission for Public Health shall adopt by rule medical contraindications to immunizations required by G.S. 130A‑152.G.S. 130A‑152 that are consistent with the General Recommendations of the Advisory Committee on Immunization Practices, Public Health Services, United States Department of Health and Human Services. If a physician licensed to practice medicine in this State certifies that a person has tested positive for Severe Combined Immunodeficiency, or that a required immunization is or may be detrimental to a person's health due to the presence of one of the contraindications adopted by the Commission, the person is not required to receive the specified immunization as long as the contraindication persists. The State Health Director may, upon request by a physician licensed to practice medicine in this State, grant a medical exemption to a required immunization for a contraindication not on the list adopted by the Commission."

SECTION 3. G.S. 130A‑157 is repealed.

SECTION 4. This act becomes effective August 1, 2015, and applies beginning with the 2015-2016 academic year.