From: Dr. Beverly Newman [mailto:[email protected]]
Sent: Sunday, January 19, 2003 8:18 PM
To: [email protected]
Subject: MODEL VACCINATION BILL - PLEASE POST !

FROM:  Beverly Newman, Ed.D.

317-255-9395;  317-590-0876

Most of this bill has been filed in Indiana last week.

 

 

MODEL VACCINATION NOTIFICATION BILL

 

Requires the state department of health to create and publish forms disclosing the risks and benefits of vaccines and to publish forms allowing an adult or a parent or guardian to exempt a child from receiving a vaccine. Requires a health care provider to provide a copy of the appropriate form to an adult or the parent or guardian of a child receiving a vaccine. Allows an adult or the parent or guardian of a child who has been quarantined for smallpox, influenza, the plague, viral hemorrhagic fever or similar life threatening contagious diseases, to decide to be released from a hospital after the contagious period has ended.

 

 

SECTION 1. IC 16‑18‑2‑163, AS AMENDED BY P.L.148‑1999, SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 163. (a) "Health care provider", for purposes of IC 16‑21 and IC 16‑41, means any of the following:

(1) An individual, a partnership, a corporation, a professional corporation, a facility, or an institution licensed or legally authorized by this state to provide health care or professional services as a licensed physician, a psychiatric hospital, a hospital, a health facility, an emergency ambulance service (IC 16‑31‑3), a dentist, a registered or licensed practical nurse, a midwife, an optometrist, a pharmacist, a podiatrist, a chiropractor, a physical therapist, a respiratory care practitioner, an occupational therapist, a psychologist, a paramedic, an emergency medical technician, or an advanced emergency technician, or a person who is an officer, employee, or agent of the individual, partnership, corporation, professional corporation, facility, or institution acting in the course and scope of the person's employment.

(2) A college, university, or junior college that provides health care to a student, a faculty member, or an employee, and the governing board or a person who is an officer, employee, or agent of the college, university, or junior college acting in the course and scope of the person's employment.

(3) A blood bank, community mental health center, community mental retardation center, community health center, or migrant health center.

(4) A home health agency (as defined in IC 16‑27‑1‑2).

(5) A health maintenance organization (as defined in IC 27‑13‑1‑19).

(6) A health care organization whose members, shareholders, or partners are health care providers under subdivision (1).

(7) A corporation, partnership, or professional corporation not otherwise qualified under this subsection that:

(A) provides health care as one (1) of the corporation's, partnership's, or professional corporation's functions;

(B) is organized or registered under state law; and

(C) is determined to be eligible for coverage as a health care provider under IC 34‑18 for the corporation's, partnership's, or professional corporation's health care function.

Coverage for a health care provider qualified under this subdivision is limited to the health care provider's health care functions and does not extend to other causes of action.

(b) "Health care provider", for purposes of IC 16‑35, has the meaning set forth in subsection (a). However, for purposes of IC 16‑35, the term also includes a health facility (as defined in section 167 of this chapter).

(c) "Health care provider", for purposes of IC 16‑36‑5, means an individual licensed or authorized by this state to provide health care or professional services as:

(1) a licensed physician;

(2) a registered nurse;

(3) a licensed practical nurse;

(4) an advanced practice nurse;

(5) a licensed nurse midwife;

(6) a paramedic;

(7) an emergency medical technician;


(8) an advanced emergency medical technician; or

(9) a first responder, as defined under IC 16‑18‑2‑131.

The term includes an individual who is an employee or agent of a health care provider acting in the course and scope of the individual's employment.

(d) "Health care provider", for purposes of IC 16‑19‑3‑28, means an individual licensed or authorized by this state to provide health care or professional services as:

(1) a licensed physician;

(2) a registered nurse;

(3) a licensed practical nurse; or

(4) an advanced practice nurse.

SECTION 2. IC 16‑19‑3‑28 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 28. (a) As used in this section, "health care provider" means an individual licensed or authorized by this state to provide health care or professional services as:

(1) a licensed physician;

(2) a registered nurse;

(3) a licensed practical nurse; or

(4) an advanced practice nurse.

(b) The state department shall create and publish, in English and Spanish, a:

(1) vaccination disclosure form for each vaccine administered as described in subsection (c); and

(2) exemption from vaccination form as described in subsection (d).

(c)The vaccination disclosure form that the state department shall create and publish, as required under subsection (b), must include an explanation of the

(1) risks, including:

(A) contraindications;

(B) warnings; and

(C) adverse reactions;

listed in the manufacturer's package insert; and

(2) benefits;

 of each vaccine.

(d)The exemption from vaccination form that the state department shall create and publish, as required under subsection (b), must include:

(1) an explanation of an adult's legal right to not receive a vaccination without the adult's voluntary written consent prior to the administration of a vaccination;

(2) an explanation of a child's legal right to not receive a vaccination under:

(A) IC 20‑8.1‑7‑2; and

(B) IC 20‑8.1‑7‑2.5;

without the written voluntary consent of the child's parent or guardian prior to the administration of a vaccination;

(3) a signature line;

(4) a date line;

(5) options to claim an exemption under:

(A) IC 20‑8.1‑7‑2;

(B) IC 20‑8.1‑7‑2.5; and


(C) subsection (1) of this section; and

(6) directions for a parent or guardian to file the exemption from vaccination form with a:

(A) child's teacher;

(B) child's principal; or

(C) individual who may order a vaccination absent an objection.

The exemption from vaccination form for an adult shall be kept by the adult.

(e) The state department shall distribute the forms described in subsection (b) to a health care provider that provides vaccinations.

(f) Each health care provider that provides the vaccinations shall provide a copy of the appropriate disclosure form and exemption from vaccination form, listed in subsection (b), to:

(1) an adult; or

(2) the parent or guardian of a child;

 receiving a vaccine prior to the administration of a vaccine. The health care provider shall read or explain the disclosure form if requested to do so by the adult or the parent or guardian of a child receiving the vaccination.

(g) An adult shall not be required to receive a vaccine without the adult's written voluntary consent. No civil or criminal penalties may be imposed upon an adult if the adult does not provide a written consent to receive a vaccine.

(h) No civil or criminal penalties may be imposed upon a parent or guardian of a child if the parent or guardian does not consent to the child receiving an immunization or vaccine under:

(1) IC 20‑8.1‑7‑2; or

(2) IC 20‑8.1‑7‑2.5.

(i) The state department may impose a civil penalty not to exceed one hundred dollars ($100) for a violation by a health care provider of a provision of this chapter.

(j) Except as provided under IC 16‑41‑9, if a physician diagnoses an adult or child as having contracted:

(1) influenza;

(2) the plague;

(3) (2) smallpox;

(4) (3) viral hemorrhagic fever; or

(5) (4) similar life threatening contagious disease;

a physician may only quarantine an adult or child in the least restrictive setting in a hospital licensed under IC 16‑21‑2 or in the residence of the adult or the parent or guardian of the child, based on the decision of the adult or the parent or guardian of the child. 

(k) The quarantine period in subsection (j) shall only be for at most the period of time in which the adult or child is contagious plus one (1) day.

(l) After the quarantine period in subsection (k) has expired,  the adult or parent or guardian of a child may request release from quarantine in the residence of the adult or parent or guardian of the child, or may request discharge from the hospital to return to the residence of the adult or the parent or guardian of the child and shall be released upon request.


(k) (m) An adult or child shall not be quarantined unless a physician has diagnosed the adult or child as having contracted:

(1) the plague;

(2) smallpox;

(3) viral hemorrhagic fever; or

(4) similar life threatening contagious disease.

(n) The state department may adopt rules under IC 4‑22‑2 to implement this chapter.

SECTION 3. IC 20‑8.1‑7‑9.5, AS AMENDED BY P.L.231‑1999, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 9.5. (a) Except as provided in subsection (f), every child residing in Indiana shall be immunized or vaccinated against:

(1) diphtheria;

(2) pertussis (whooping cough);

(3) tetanus;

(4) measles;

(5) rubella;

(6) poliomyelitis; and

(7) mumps.

(b) Except as provided in subsection (f), every child residing in Indiana who enters kindergarten or grade 1 shall be immunized against hepatitis B.

(c) 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.

(d) 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.

(e) Each school shall notify each parent of a child who enrolls in the school of the requirement that the child must be immunized and that the immunization is required for the child's continued enrollment, attendance, or residence at the school unless:

(1) the parent or child provides the appropriate documentation of immunity; or

(2) section 2 or 2.5 of this chapter applies; or

(3) subsection (f) applies.

(f) The immunization or vaccination requirement under subsection (a) or subsection (b) is waived if a child's parent or guardian:

(1)objects to an immunization or vaccination for reasons stated in sections 2 and 2.5 of this chapter;

(2) fills out an exemption from vaccination form provided by the state department of health under IC 16‑19‑3‑28; and

(3) files the exemption from vaccination form with a:

(A) child's teacher;

(B) child's principal; or

(C) individual who may order a vaccination absent an objection.