GENERAL ASSEMBLY OF NORTH CAROLINA
SENATE DRS25101-MG-35A (02/10)
Short Title: Enact Stricter Immunization Requirements.
Senators Tarte, Barringer, and Van Duyn (Primary Sponsors).
A BILL TO BE ENTITLED
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.
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
(2) The number of doses of each
(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
(4) The procedures and practices for administering the
(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.