CHAPTER 5. IMMUNIZATION REQUIREMENTS AT STATE EDUCATIONAL INSTITUTIONS
IC 21-40-5
Chapter 5. Immunization Requirements at State Educational
Institutions
IC 21-40-5-1
Development of form
Sec. 1. The department shall develop a form that can be used by
state educational institutions to meet the requirements of this chapter
concerning 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 state
educational institution may not permit a student to matriculate in a
residential campus of a state educational institution unless the
student provides the documentation required by section 3 of this
chapter for the following diseases:
(1) Diphtheria.
(2) Tetanus.
(3) Measles.
(4) Mumps.
(5) Rubella.
(b) A state educational institution shall notify a student before the
student's matriculation of the following requirements:
(1) That the student must be immunized and that the
immunization is required for matriculation at the state
educational institution unless the student provides the
documentation 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 state
educational institution, a student shall provide the state educational
institution with one (1) of the following documents:
(1) A certificate of immunity.
(2) Documentation of exemption as described in sections 4 and
6 of this chapter.
(b) Before matriculating in a residential campus of a state
educational institution, a student who is not a citizen or resident of
the United States shall provide the state educational institution with:
(1) medical documentation that the student has been tested for
tuberculosis 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 the
beginning of the student's second academic term, the state
educational institution shall prohibit the student from matriculating
in the residential campus of the state educational institution until the
requirements 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 requirements
of section 3 of this chapter may be accepted by the state educational
institution as part of the documentation of exemption for the
following reasons:
(1) If a health care provider makes a written statement
indicating the nature and probable duration of a medical
condition or circumstances that contraindicate an immunization,
identifying the specific vaccine that could be detrimental to the
student's health.
(2) If pregnancy or suspected pregnancy is certified in a written
statement from a health care provider.
(3) If a health care provider provides written documentation that
the student is in the course of completing an approved schedule
of all necessary doses of the vaccines required for the diseases
listed in section 2 of this chapter.
If the student's medical condition or circumstances subsequently
permit immunization, the exemptions granted by this section
terminate and the student shall obtain the immunizations from which
the 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 individual
intends to enroll shall provide detailed information on the risks
associated with meningococcal disease and the availability and
effectiveness of vaccination to:
(1) the individual, if the individual is at least eighteen (18) years
of age; or
(2) the individual's parent or guardian, if the individual is less
than eighteen (18) years of age.
(b) A state educational institution described in subsection (a) must
receive 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 is
less 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 is
less 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 be
required to undergo testing, examination, immunization, or treatment
required under this chapter when the student objects on religious
grounds.
(b) A religious objection does not exempt a student from testing,
examination, immunization, or treatment required under this chapter
unless 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, an
examination, an immunization, or a treatment absent the
religious 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 academic
term at a state educational institution and not later than the
commencement of the student's second academic term, the state
educational institution shall require the student to comply with the
requirements of section 3 of this chapter. If the student fails to
comply with the requirements of section 3 of this chapter by the
commencement of the student's first academic term, the state
educational institution shall do the following:
(1) Notify the student of the requirement that the student must
be immunized and that the immunizations may be administered
by a health care provider.
(2) Notify the student that the immunization is required for the
student's continued:
(A) enrollment in;
(B) attendance at; or
(C) residence on;
the campus of the state educational institution unless the student
provides the documentation required by section 3 of this
chapter.
(b) If a student fails to comply with section 3 of this chapter by
the beginning of the student's second academic term, the
postsecondary institution shall prohibit the student from
matriculating in the postsecondary institution's residential campus
until the requirements are met.
As added by P.L.2-2007, SEC.281.
IC 21-40-5-8
State educational institution nonenforcement; action by
department
Sec. 8. The department may commence an action against a state
educational institution 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 chapter.
As added by P.L.2-2007, SEC.281.
IC 21-40-5-9
State educational institution records of student immunization
status
Sec. 9. (a) The designated record keeping office shall maintain
records obtained under section 7 of this chapter containing the
required elements of the immunization status of an enrolled student.
The information required on the certificate of immunity and the
documentation of exemption, whichever applies, constitutes the
required elements of an enrolled student's immunization status. The
information on the certificate of immunity and the documentation of
exemption, whichever applies:
(1) is sufficient for accurate compliance with section 11 of this
chapter; and
(2) must be accepted by each state educational institution for
purposes of this chapter.
(b) The department and the local health department shall, for good
cause 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 or
examinations of nonidentifying immunization record data. This
section does not independently authorize the department, a local
department of health, or an agent of the state or local department of
health to have access to identifying medical or academic record data
of individual students attending nonaccredited private postsecondary
educational institutions.
(c) The records referred to in subsection (a) are sufficient to
enable the state educational institution to generate a listing of the
students who have filed documentation of exemption forms. The
state educational institution shall develop sufficient plans for
excluding these students from the state educational institution for the
protection of these students if an outbreak of a vaccine preventable
disease listed in section 2 of this chapter occurs at or near the campus
of 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; record
copies for transferee institute
Sec. 10. A state educational institution may furnish, not later than
twenty (20) days after a student transfer, a copy of a student's
immunization record to the state educational institution to which the
student transfers and enrolls. The state educational institution to
which the student transfers and enrolls may request a copy of the
student's immunization record from any state educational institution
that 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 summary
report to the department and the local health department having
jurisdiction by March 15 of each year. The annual summary report:
(1) must be signed by an official of the designated record
keeping office certifying that the information included in the
summary report is accurate; and
(2) must include the following:
(A) A statement of the number of students with certificates
of immunity, categorized by disease.
(B) A statement of the number of students with appropriate
documentation 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 postsecondary
educational institution that:
(1) provides education, degrees, or certificates above the high
school 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 4-22-2
necessary to implement this chapter. However, the department may
not adopt rules to expand or modify the list of communicable
diseases in section 2 of this chapter.
As added by P.L.2-2007, SEC.281.