IC 21-40-5
    Chapter 5. Immunization Requirements at State EducationalInstitutions

IC 21-40-5-1
Development of form
    Sec. 1. The department shall develop a form that can be used bystate educational institutions to meet the requirements of this chapterconcerning the use of a certificate of immunity.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-2
Necessary student documentation
    Sec. 2. (a) Except as provided in section 7 of this chapter, a stateeducational institution may not permit a student to matriculate in aresidential campus of a state educational institution unless thestudent provides the documentation required by section 3 of thischapter for the following diseases:
        (1) Diphtheria.
        (2) Tetanus.
        (3) Measles.
        (4) Mumps.
        (5) Rubella.
    (b) A state educational institution shall notify a student before thestudent's matriculation of the following requirements:
        (1) That the student must be immunized and that theimmunization is required for matriculation at the stateeducational institution unless the student provides thedocumentation required by section 3 of this chapter.
        (2) That the:
            (A) student; or
            (B) student's parent or guardian;
        must comply with section 5 of this chapter.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-3
Form of documentation; effect of noncompliance
    Sec. 3. (a) Before matriculating in a residential campus of a stateeducational institution, a student shall provide the state educationalinstitution with one (1) of the following documents:
        (1) A certificate of immunity.
        (2) Documentation of exemption as described in sections 4 and6 of this chapter.
    (b) Before matriculating in a residential campus of a stateeducational institution, a student who is not a citizen or resident ofthe United States shall provide the state educational institution with:
        (1) medical documentation that the student has been tested fortuberculosis in the United States;
        (2) the date on which the tuberculosis test was taken; and
        (3) the results of the tuberculosis test.    (c) If a student fails to comply with subsection (a) or (b) by thebeginning of the student's second academic term, the stateeducational institution shall prohibit the student from matriculatingin the residential campus of the state educational institution until therequirements are met.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-4
Exemption from immunization
    Sec. 4. An exemption relieving a student from the requirementsof section 3 of this chapter may be accepted by the state educationalinstitution as part of the documentation of exemption for thefollowing reasons:
        (1) If a health care provider makes a written statementindicating the nature and probable duration of a medicalcondition or circumstances that contraindicate an immunization,identifying the specific vaccine that could be detrimental to thestudent's health.
        (2) If pregnancy or suspected pregnancy is certified in a writtenstatement from a health care provider.
        (3) If a health care provider provides written documentation thatthe student is in the course of completing an approved scheduleof all necessary doses of the vaccines required for the diseaseslisted in section 2 of this chapter.
If the student's medical condition or circumstances subsequentlypermit immunization, the exemptions granted by this sectionterminate and the student shall obtain the immunizations from whichthe student has been exempted.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-5
Providing information on the risks of meningococcal disease
    Sec. 5. (a) A state educational institution in which an individualintends to enroll shall provide detailed information on the risksassociated with meningococcal disease and the availability andeffectiveness of vaccination to:
        (1) the individual, if the individual is at least eighteen (18) yearsof age; or
        (2) the individual's parent or guardian, if the individual is lessthan eighteen (18) years of age.
    (b) A state educational institution described in subsection (a) mustreceive a certificate of immunity:
        (1) that is signed by:
            (A) the individual, if the individual is at least eighteen (18)years of age; or
            (B) the individual's parent or guardian, if the individual isless than eighteen (18) years of age; and
        (2) that states that the information provided under subsection(a) has been reviewed by:
            (A) the individual, if the individual is at least eighteen (18)

years of age; or
            (B) the individual's parent or guardian, if the individual isless than eighteen (18) years of age.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-6
Religious objections
    Sec. 6. (a) Except as otherwise provided, a student may not berequired to undergo testing, examination, immunization, or treatmentrequired under this chapter when the student objects on religiousgrounds.
    (b) A religious objection does not exempt a student from testing,examination, immunization, or treatment required under this chapterunless the request for an exemption is:
        (1) made in writing;
        (2) signed by the student; and
        (3) delivered to the individual who might order a test, anexamination, an immunization, or a treatment absent thereligious objection.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-7
Time for student compliance with documentation; noncompliance
    Sec. 7. (a) Upon the commencement of a student's first academicterm at a state educational institution and not later than thecommencement of the student's second academic term, the stateeducational institution shall require the student to comply with therequirements of section 3 of this chapter. If the student fails tocomply with the requirements of section 3 of this chapter by thecommencement of the student's first academic term, the stateeducational institution shall do the following:
        (1) Notify the student of the requirement that the student mustbe immunized and that the immunizations may be administeredby a health care provider.
        (2) Notify the student that the immunization is required for thestudent's continued:
            (A) enrollment in;
            (B) attendance at; or
            (C) residence on;
        the campus of the state educational institution unless the studentprovides the documentation required by section 3 of thischapter.
    (b) If a student fails to comply with section 3 of this chapter bythe beginning of the student's second academic term, thepostsecondary institution shall prohibit the student frommatriculating in the postsecondary institution's residential campusuntil the requirements are met.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-8 State educational institution nonenforcement; action bydepartment
    Sec. 8. The department may commence an action against a stateeducational institution under IC 4-21.5-3-6 or IC 4-21.5-4 for theissuance of an order of compliance for failure to enforce this chapter.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-9
State educational institution records of student immunizationstatus
    Sec. 9. (a) The designated record keeping office shall maintainrecords obtained under section 7 of this chapter containing therequired elements of the immunization status of an enrolled student.The information required on the certificate of immunity and thedocumentation of exemption, whichever applies, constitutes therequired elements of an enrolled student's immunization status. Theinformation on the certificate of immunity and the documentation ofexemption, whichever applies:
        (1) is sufficient for accurate compliance with section 11 of thischapter; and
        (2) must be accepted by each state educational institution forpurposes of this chapter.
    (b) The department and the local health department shall, for goodcause shown that there exists a substantial threat to the:
        (1) health and safety of a student; or
        (2) community of an educational institution;
be able to validate immunization reports by onsite reviews orexaminations of nonidentifying immunization record data. Thissection does not independently authorize the department, a localdepartment of health, or an agent of the state or local department ofhealth to have access to identifying medical or academic record dataof individual students attending nonaccredited private postsecondaryeducational institutions.
    (c) The records referred to in subsection (a) are sufficient toenable the state educational institution to generate a listing of thestudents who have filed documentation of exemption forms. Thestate educational institution shall develop sufficient plans forexcluding these students from the state educational institution for theprotection of these students if an outbreak of a vaccine preventabledisease listed in section 2 of this chapter occurs at or near the campusof the state educational institution.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-10
Transfer of student to other state educational institution; recordcopies for transferee institute
    Sec. 10. A state educational institution may furnish, not later thantwenty (20) days after a student transfer, a copy of a student'simmunization record to the state educational institution to which thestudent transfers and enrolls. The state educational institution to

which the student transfers and enrolls may request a copy of thestudent's immunization record from any state educational institutionthat the student attended.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-11
Annual summary reports
    Sec. 11. A state educational institution shall submit a summaryreport to the department and the local health department havingjurisdiction by March 15 of each year. The annual summary report:
        (1) must be signed by an official of the designated recordkeeping office certifying that the information included in thesummary report is accurate; and
        (2) must include the following:
            (A) A statement of the number of students with certificatesof immunity, categorized by disease.
            (B) A statement of the number of students with appropriatedocumentation of exemption, categorized by disease.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-12
Private institutions; voluntary compliance with chapter
    Sec. 12. This chapter does not prohibit a postsecondaryeducational institution that:
        (1) provides education, degrees, or certificates above the highschool level; and
        (2) is not a state educational institution;
from voluntarily complying with this chapter.
As added by P.L.2-2007, SEC.281.

IC 21-40-5-13
Rules; communicable diseases list
    Sec. 13. The department shall adopt rules under IC 4-22-2necessary to implement this chapter. However, the department maynot adopt rules to expand or modify the list of communicablediseases in section 2 of this chapter.
As added by P.L.2-2007, SEC.281.