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 the school's students. The records must be kept uniformly throughout Indiana according to procedures prescribed by the state department of health.
    (b) Whenever a student transfers to another school, the school from which the student is transferring may furnish, not later than twenty (20) days after the transfer, a copy of the student's immunization record to the school to which the student is transferring.
    (c) Whenever a student enrolls in a state educational institution, the school from which the student graduated may furnish a copy of the student's immunization record to the state educational institution. If the student is enrolled in a state educational institution while still attending a secondary level school, the secondary level school that the student is attending may furnish a copy of the student's immunization 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 immunized against:
        (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 or grade 1 shall be immunized against hepatitis B and chicken pox.
    (c) The state department of health shall adopt rules under IC 4-22-2 to require school age children to receive additional immunizations against the following:
        (1) Meningitis.
        (2) Varicella.
        (3) Pertussis (whooping cough).
The additional immunizations required under the rules shall include an immunization booster if considered appropriate by the state department.
    (d) The state department of health may expand or otherwise modify the list of communicable diseases that require documentation of immunity as medical information becomes available that would warrant 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 who enrolls in the school of the requirement that the student must be immunized and that the immunization is required for the student's continued enrollment, attendance, or residence at the school unless:
        (1) the parent or student provides the appropriate documentation of immunity;
        (2) for chicken pox, the parent or student provides a written signed statement that the student has indicated a history of chicken 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 provide each parent of a female student who is entering grade 6 with information prescribed by the state department of health under subsection (c) concerning the link between cervical cancer and the human papillomavirus (HPV) infection and that an immunization against the human papillomavirus (HPV) infection is available.
    (c) The state department of health shall provide a school described in subsection (b) with the information concerning cervical cancer and the human papillomavirus (HPV) infection required in subsection (b). The information must include the following:
        (1) The latest scientific information on the immunization against the human papillomavirus (HPV) infection and the immunization's effectiveness against causes of cervical cancer.
        (2) That a pap smear is still critical for the detection of precancerous changes in the cervix to allow for treatment before cervical cancer develops.
        (3) Information concerning the means in which the human papillomavirus (HPV) infection is contracted.
        (4) A statement that any questions or concerns concerning immunizing 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 the immunizations required under this chapter shall present the student to a physician and request the physician administer the immunizations. If the parent is unable to secure the immunizations, the local health department serving the area in which the student resides may provide the immunizations. Vaccines provided by the

local health department shall be furnished by the local health board or the state department of health from available supplies.
    (b) The physician who administers the required vaccines to a student shall give a certificate or other documentation of the immunizations to the individual who presented the student for immunization. This certificate or other documentation shall be presented on request to the local health department or the local health department'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 who has enrolled in the school to furnish not later than the first day of school 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 whom IC 20-34-3-2 or IC 20-34-3-3 applies, that the student has been immunized as required under section 2 of this chapter. The statement must include the student's date of birth and the date of each immunization.
    (c) A student may not be permitted to attend school beyond the first 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 that the student's immunization schedule has been delayed due to extreme circumstances and that the required immunizations will not be completed before the first day of school.
The waiver referred to in subdivision (1) may not be granted for a period that exceeds twenty (20) days. If subdivision (2) applies, the parent of the student shall furnish the written statement and a schedule, approved by a physician or the local health department, for the completion of the remainder of the immunizations.
    (d) The state department of health may commence an action against a school under IC 4-21.5-3-6 or IC 4-21.5-4 for the issuance of an order of compliance for failure to enforce this section.
    (e) Neither a religious objection under IC 20-34-3-2 nor an exception for the student's health under IC 20-34-3-3 relieves a parent from the reporting requirements under this section.
    (f) The state department of health shall adopt rules under IC 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 student received immunization or parent chooses not to provide information on immunization history
    
Sec. 5.5. (a) Each school that enrolls grade 6 female students shall require 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 a written statement prescribed by the state department of health under subsection (b) stating that the parent has received the information required 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 the school concerning whether the student was immunized;
against the human papillomavirus (HPV) infection.
    (b) The state department of health shall prescribe the format for the 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 not provided the school with the written statement required under this section.
As added by P.L.80-2007, SEC.2.

IC 20-34-4-6
Reports of immunization to department of health; onsite review or examination
    
Sec. 6. (a) Not later than sixty (60) days after the enrollment of students for the first time and when additional immunizations are required by statute or rule, each school shall file a written report with the state department of health and the local health department having jurisdiction. The report must include the following:
        (1) A statement of the number of students who have demonstrated immunity against diphtheria, pertussis (whooping cough), tetanus, measles, rubella, poliomyelitis, mumps, and hepatitis B.
        (2) A statement of the number of students who have not demonstrated immunity against the illnesses listed in subdivision (1).
        (3) A statement of the number of students who have been found positive for sickle cell anemia or lead poisoning.
        (4) Beginning in the 2008-2009 school year, a statement of the number 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 whose parent chose not to provide the information to the school concerning whether the student was immunized.
    (b) The state department of health and the local health department shall, for good cause shown that there exists a substantial threat to the health and safety of a student or the school community, be able to validate immunization reports by onsite reviews or examinations of nonidentifying immunization record data. This section does not independently authorize the state department of health, a local department of health, or an agent of the state department of health or

local department of health to have access to identifying medical or academic record data of individual students attending nonaccredited nonpublic schools.
    (c) A school shall file a report for each student who enrolls after the filing of the report for students who enrolled at the beginning of the school year. The state department of health has exclusive power to 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.)