139A.8 - IMMUNIZATION OF CHILDREN.
139A.8 IMMUNIZATION OF CHILDREN.
1. A parent or legal guardian shall assure that the person's
minor children residing in the state are adequately immunized against
diphtheria, pertussis, tetanus, poliomyelitis, rubeola, rubella, and
varicella, according to recommendations provided by the department
subject to the provisions of subsections 3 and 4.
2. a. A person shall not be enrolled in any licensed child
care center or elementary or secondary school in Iowa without
evidence of adequate immunizations against diphtheria, pertussis,
tetanus, poliomyelitis, rubeola, rubella, and varicella.
b. Evidence of adequate immunization against haemophilus
influenza B and invasive pneumococcal disease shall be required prior
to enrollment in any licensed child care center.
c. Evidence of hepatitis type B immunization shall be
required of a child born on or after July 1, 1994, prior to
enrollment in school in kindergarten or in a grade.
d. Immunizations shall be provided according to
recommendations provided by the department subject to the provisions
of subsections 3 and 4.
3. Subject to the provision of subsection 4, the state board of
health may modify or delete any of the immunizations in subsection 2.
4. a. Immunization is not required for a person's enrollment
in any elementary or secondary school or licensed child care center
if either of the following applies:
(1) The applicant, or if the applicant is a minor, the
applicant's parent or legal guardian, submits to the admitting
official a statement signed by a physician, advanced registered nurse
practitioner, or physician assistant who is licensed by the board of
medicine, board of nursing, or board of physician assistants that the
immunizations required would be injurious to the health and
well-being of the applicant or any member of the applicant's family.
(2) The applicant, or if the applicant is a minor, the
applicant's parent or legal guardian, submits an affidavit signed by
the applicant, or if the applicant is a minor, the applicant's parent
or legal guardian, stating that the immunization conflicts with the
tenets and practices of a recognized religious denomination of which
the applicant is an adherent or member.
b. The exemptions under this subsection do not apply in times
of emergency or epidemic as determined by the state board of health
and as declared by the director of public health.
5. A person may be provisionally enrolled in an elementary or
secondary school or licensed child care center if the person has
begun the required immunizations and if the person continues to
receive the necessary immunizations as rapidly as is medically
feasible. The department shall adopt rules relating to the
provisional admission of persons to an elementary or secondary school
or licensed child care center.
6. The local board shall furnish the department, within sixty
days after the first official day of school, evidence that each
person enrolled in any elementary or secondary school has been
immunized as required in this section subject to subsection 4. The
department shall adopt rules pursuant to chapter 17A relating to the
reporting of evidence of immunization.
7. Local boards shall provide the required immunizations to
children in areas where no local provision of these services exists.
8. The department, in consultation with the director of the
department of education, shall adopt rules for the implementation of
this section and shall provide those rules to local school boards and
local boards. Section History: Recent Form
2000 Acts, ch 1066, §8; 2003 Acts, ch 78, §1--3; 2007 Acts, ch 10,
§24; 2007 Acts, ch 11, §1; 2009 Acts, ch 41, § 263
Referred to in § 239B.12, 299.4