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2006 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 32.1-46 of the Code of Virginia is amended and reenacted as follows:
§ 32.1-46. Immunization of patients against certain diseases.
A. The parent, guardian or person standing in loco parentis of
each child within this Commonwealth shall cause such child to be immunized
by vaccine against diphtheria, tetanus, whooping cough and poliomyelitis before
such child attains the age of one year, against Haemophilus influenzae type b
before he attains the age of 30 months, and against measles (rubeola), German
measles (rubella) and mumps before such child attains the age of two years. All
children born on or after January 1, 1994, shall be required to receive
immunization against hepatitis B before their first birthday. All children
shall also be required to receive a second dose of measles (rubeola) vaccine in
accordance with the regulations of the Board. The Board's regulations shall
require that all children receive a second dose of measles (rubeola) vaccine
prior to first entering kindergarten or first grade and that all children who
have not yet received a second dose of measles (rubeola) vaccine receive such
second dose prior to entering the sixth grade. All children born on or after
January 1, 1997, shall be required to receive immunization against varicella
zoster (chicken pox), not earlier than the age of 12 months. Children who have
evidence of immunity as demonstrated by laboratory confirmation of immunity or
a reliable medical history of disease are exempt from such requirement. After
July 1, 2001, all children who have not yet received immunization against
hepatitis B shall receive such immunization prior to entering sixth grade
in accordance with the Immunization Schedule developed and published by the
Centers for Disease Control and Prevention (CDC), Advisory Committee on
Immunization Practices (ACIP), the American Academy of Pediatrics (AAP), and
the American Academy of Family Physicians (AAFP). The required
immunizations for attendance at a public or private elementary, middle or
secondary school, child care center, nursery school, family day care home or
developmental center shall be those set forth in the State Board of Health
Regulations for the Immunization of School Children. The Board's regulations
shall at a minimum require:
1. A minimum of three properly spaced doses of hepatitis B vaccine (HepB).
2. A minimum of three or more properly spaced doses of diphtheria toxoid. One dose shall be administered on or after the fourth birthday. A booster dose shall be administered prior to entering the sixth grade if at least five years have passed since the last dose of diphtheria toxoid.
3. A minimum of three or more properly spaced doses of tetanus toxoid. One dose shall be administered on or after the fourth birthday. A booster dose shall be administered prior to entering the sixth grade if at least five years have passed since the last dose of tetanus toxoid.
4. A minimum of three or more properly spaced doses of acellular pertussis vaccine. One dose shall be administered on or after the fourth birthday. A booster dose shall be administered prior to entry into the sixth grade if at least five years have passed since the last dose of pertussis vaccine.
5. Two or three primary doses of Haemophilus influenzae type b (Hib) vaccine, depending on the manufacturer, for children up to 60 months of age.
6. Two properly spaced doses of live attenuated measles (rubeola) vaccine. The first dose shall be administered at age 12 months or older.
7. One dose of live attenuated rubella vaccine shall be administered at age 12 months or older.
8. One dose of live attenuated mumps vaccine shall be administered at age 12 months or older.
9. All susceptible children born on and after January 1, 1997, shall be required to have one dose of varicella vaccine on or after 12 months.
10. Three or more properly spaced doses of oral polio vaccine (OPV) or inactivated polio vaccine (IPV). One dose shall be administered on or after the fourth birthday. A fourth dose shall be required if the three dose primary series consisted of a combination of OPV and IPV.
11. Two to four doses, dependent on age at first dose, of properly spaced pneumococcal 7-valent conjugate (PVC) vaccine for children less than two years of age.
The parent, guardian or person standing in loco parentis may
have such child immunized by a physician or registered nurse or may present the
child to the appropriate local health department, which shall administer the
required vaccines the vaccines required by the State Board of Health
Regulations for the Immunization of School Children without charge.
B. A physician, registered nurse or local health department administering a vaccine required by this section shall provide to the person who presents the child for immunizations a certificate that shall state the diseases for which the child has been immunized, the numbers of doses given, the dates when administered and any further immunizations indicated.
C. The vaccines required by this section shall meet the standards prescribed in, and be administered in accordance with, regulations of the Board.
D. The provisions of this section shall not apply if:
1. The parent or guardian of the child objects thereto on the grounds that the administration of immunizing agents conflicts with his religious tenets or practices, unless an emergency or epidemic of disease has been declared by the Board, or
2. The parent or guardian presents a statement from a physician licensed to practice medicine in Virginia, or a licensed nurse practitioner, that states that the physical condition of the child is such that the administration of one or more of the required immunizing agents would be detrimental to the health of the child.
E. For the purpose of protecting the public health by ensuring that each child receives age-appropriate immunizations, any physician, nurse practitioner, licensed institutional health care provider, local or district health department, the Virginia Immunization Information System, and the Department of Health may share immunization and patient locator information without parental authorization, including, but not limited to, the month, day, and year of each administered immunization; the patient's name, address, telephone number, birth date, and social security number; and the parents' names. The immunization information; the patient's name, address, telephone number, birth date, and social security number; and the parents' names shall be confidential and shall only be shared for the purposes set out in this subsection.
F. The State Board of Health shall review this section annually and make recommendations for revision by September 1 to the Governor, the General Assembly, and the Joint Commission on Health Care.
2. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in the general appropriations act passed by the 2006 Session of the General Assembly, which becomes law.