CHAPTER 4. IMMUNIZATIONS
IC 20-34-4
Chapter 4. Immunizations
IC 20-34-4-1
Keeping immunization records; student transfer
Sec. 1. (a) Each school shall keep an immunization record of theschool's students. The records must be kept uniformly throughoutIndiana according to procedures prescribed by the state departmentof health.
(b) Whenever a student transfers to another school, the schoolfrom which the student is transferring may furnish, not later thantwenty (20) days after the transfer, a copy of the student'simmunization record to the school to which the student istransferring.
(c) Whenever a student enrolls in a state educational institution,the school from which the student graduated may furnish a copy ofthe student's immunization record to the state educational institution.If the student is enrolled in a state educational institution while stillattending a secondary level school, the secondary level school thatthe student is attending may furnish a copy of the student'simmunization record to the state educational institution.
As added by P.L.1-2005, SEC.18. Amended by P.L.2-2007, SEC.231.
IC 20-34-4-2
Required immunizations
Sec. 2. (a) Every child residing in Indiana shall be immunizedagainst:
(1) diphtheria;
(2) pertussis (whooping cough);
(3) tetanus;
(4) measles;
(5) rubella;
(6) poliomyelitis; and
(7) mumps.
(b) Every child residing in Indiana who enters kindergarten orgrade 1 shall be immunized against hepatitis B and chicken pox.
(c) The state department of health shall adopt rules underIC 4-22-2 to require school age children to receive additionalimmunizations against the following:
(1) Meningitis.
(2) Varicella.
(3) Pertussis (whooping cough).
The additional immunizations required under the rules shall includean immunization booster if considered appropriate by the statedepartment.
(d) The state department of health may expand or otherwisemodify the list of communicable diseases that require documentationof immunity as medical information becomes available that wouldwarrant the expansion or modification in the interest of public health.
(e) The state department of health shall adopt rules under
IC 4-22-2 specifying the:
(1) required immunizations;
(2) child's age for administering each vaccine;
(3) adequately immunizing doses; and
(4) method of documentation of proof of immunity.
As added by P.L.1-2005, SEC.18. Amended by P.L.161-2009, SEC.5.
IC 20-34-4-3
Notification; provision of information to parents
Sec. 3. (a) Each school shall notify each parent of a student whoenrolls in the school of the requirement that the student must beimmunized and that the immunization is required for the student'scontinued enrollment, attendance, or residence at the school unless:
(1) the parent or student provides the appropriatedocumentation of immunity;
(2) for chicken pox, the parent or student provides a writtensigned statement that the student has indicated a history ofchicken pox; or
(3) IC 20-34-3-2 or IC 20-34-3-3 applies.
(b) A school that enrolls grade 6 female students shall provideeach parent of a female student who is entering grade 6 withinformation prescribed by the state department of health undersubsection (c) concerning the link between cervical cancer and thehuman papillomavirus (HPV) infection and that an immunizationagainst the human papillomavirus (HPV) infection is available.
(c) The state department of health shall provide a school describedin subsection (b) with the information concerning cervical cancer andthe human papillomavirus (HPV) infection required in subsection(b). The information must include the following:
(1) The latest scientific information on the immunizationagainst the human papillomavirus (HPV) infection and theimmunization's effectiveness against causes of cervical cancer.
(2) That a pap smear is still critical for the detection ofprecancerous changes in the cervix to allow for treatment beforecervical cancer develops.
(3) Information concerning the means in which the humanpapillomavirus (HPV) infection is contracted.
(4) A statement that any questions or concerns concerningimmunizing the child against human papillomavirus (HPV)could be answered by contacting a health care provider.
As added by P.L.1-2005, SEC.18. Amended by P.L.80-2007, SEC.1.
IC 20-34-4-4
Presenting student for immunization; documentation
Sec. 4. (a) The parent of any student who has not received theimmunizations required under this chapter shall present the studentto a physician and request the physician administer theimmunizations. If the parent is unable to secure the immunizations,the local health department serving the area in which the studentresides may provide the immunizations. Vaccines provided by the
local health department shall be furnished by the local health boardor the state department of health from available supplies.
(b) The physician who administers the required vaccines to astudent shall give a certificate or other documentation of theimmunizations to the individual who presented the student forimmunization. This certificate or other documentation shall bepresented on request to the local health department or the local healthdepartment's authorized representative.
As added by P.L.1-2005, SEC.18.
IC 20-34-4-5
Statement of immunization history; waiver; rules
Sec. 5. (a) Each school shall require the parent of a student whohas enrolled in the school to furnish not later than the first day ofschool a written statement of the student's immunization,accompanied by the physician's certificates or other documentation,unless a written statement of this nature is on file with the school.
(b) The statement must show, except for a student to whomIC 20-34-3-2 or IC 20-34-3-3 applies, that the student has beenimmunized as required under section 2 of this chapter. The statementmust include the student's date of birth and the date of eachimmunization.
(c) A student may not be permitted to attend school beyond thefirst day of school without furnishing the written statement, unless:
(1) the school gives the parent of the student a waiver; or
(2) the local health department or a physician determines thatthe student's immunization schedule has been delayed due toextreme circumstances and that the required immunizations willnot be completed before the first day of school.
The waiver referred to in subdivision (1) may not be granted for aperiod that exceeds twenty (20) days. If subdivision (2) applies, theparent of the student shall furnish the written statement and aschedule, approved by a physician or the local health department, forthe completion of the remainder of the immunizations.
(d) The state department of health may commence an actionagainst a school under IC 4-21.5-3-6 or IC 4-21.5-4 for the issuanceof an order of compliance for failure to enforce this section.
(e) Neither a religious objection under IC 20-34-3-2 nor anexception for the student's health under IC 20-34-3-3 relieves aparent from the reporting requirements under this section.
(f) The state department of health shall adopt rules underIC 4-22-2 to implement this section.
As added by P.L.1-2005, SEC.18.
IC 20-34-4-5.5
Written statement of receipt of information and whether studentreceived immunization or parent chooses not to provideinformation on immunization history
Sec. 5.5. (a) Each school that enrolls grade 6 female students shallrequire the parent of a female student entering grade 6 to furnish not
later than the twenty (20) school days after the first day of school awritten statement prescribed by the state department of health undersubsection (b) stating that the parent has received the informationrequired under section 3(b) of this chapter and that:
(1) the student has received or is receiving the immunization;
(2) the parent has decided not to have the student immunized;or
(3) the parent chooses not to provide the information to theschool concerning whether the student was immunized;
against the human papillomavirus (HPV) infection.
(b) The state department of health shall prescribe the format forthe written statement required under subsection (a).
(c) A student may not be prevented from enrolling in, attending,or graduating from school for the sole reason that the student has notprovided the school with the written statement required under thissection.
As added by P.L.80-2007, SEC.2.
IC 20-34-4-6
Reports of immunization to department of health; onsite review orexamination
Sec. 6. (a) Not later than sixty (60) days after the enrollment ofstudents for the first time and when additional immunizations arerequired by statute or rule, each school shall file a written report withthe state department of health and the local health department havingjurisdiction. The report must include the following:
(1) A statement of the number of students who havedemonstrated immunity against diphtheria, pertussis (whoopingcough), tetanus, measles, rubella, poliomyelitis, mumps, andhepatitis B.
(2) A statement of the number of students who have notdemonstrated immunity against the illnesses listed insubdivision (1).
(3) A statement of the number of students who have been foundpositive for sickle cell anemia or lead poisoning.
(4) Beginning in the 2008-2009 school year, a statement of thenumber of female students in grade 6 who:
(A) have or will have; and
(B) have not;
been immunized against human papillomavirus (HPV)infection, and the number of female students in grade 6 whoseparent chose not to provide the information to the schoolconcerning whether the student was immunized.
(b) The state department of health and the local health departmentshall, for good cause shown that there exists a substantial threat tothe health and safety of a student or the school community, be ableto validate immunization reports by onsite reviews or examinationsof nonidentifying immunization record data. This section does notindependently authorize the state department of health, a localdepartment of health, or an agent of the state department of health or
local department of health to have access to identifying medical oracademic record data of individual students attending nonaccreditednonpublic schools.
(c) A school shall file a report for each student who enrolls afterthe filing of the report for students who enrolled at the beginning ofthe school year. The state department of health has exclusive powerto adopt rules for the administration of this section.
As added by P.L.1-2005, SEC.18. Amended by P.L.231-2005,SEC.45; P.L.80-2007, SEC.3.
IC 20-34-4-7
Repealed
(Repealed by P.L.1-2009, SEC.174.)