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TITLE 24. EDUCATION
CHAPTER 1. PUBLIC SCHOOL CODE OF 1949
ARTICLE XIII. PUPILS AND ATTENDANCE
(A) ATTENDANCE
24 P.S. § 13-1303a
(2007)
§ 13-1303a. Immunization required; penalty
(a) It shall be the duty of all school directors,
superintendents, principals, or other persons in charge of any public,
private, parochial, or other school including kindergarten, to ascertain
that every child, prior to admission to school for the first time
has been immunized, as the Secretary of Health may direct, against
such diseases as shall appear on a list to be made and from time
to time reviewed by the Advisory Health Board. All certificates
of immunization shall be issued in accordance with the rules and
regulations promulgated by the Secretary of Health with the sanction
and advice of the Advisory Health Board.
(b) Any person who shall fail, neglect, or refuse to comply with,
or who shall violate, any of the provisions or requirements of this
section, except as hereinafter provided, shall, for every such offense,
upon summary conviction thereof, be sentenced to pay a fine of not
less than five dollars ($ 5) nor more than one hundred dollars ($
100), and in default thereof, to undergo an imprisonment in the
jail of the proper county for a period not exceeding sixty (60)
days. All such fines shall be paid into the treasury of the school
district.
(c) The provisions of this section shall not apply in the case of
any child deemed to have a medical contraindication which may contraindicate
immunization and so certified by a physician. Such certificates
may be accepted in lieu of a certificate of immunization.
(d) The provisions of this section shall not apply in the case of
any child whose parent or guardian objects in writing to such immunization
on religious grounds.
TITLE 28. HEALTH AND SAFETY
CHAPTER 23. SCHOOL HEALTH
SUBCHAPTER C. IMMUNIZATION
28 Pa. Code. § 23.83 (2007)
§ 23.83. Immunization requirements.
(a) Required for entry. The following immunizations
are required for entry into school for the first time at the kindergarten
or first grade level, at public, private or parochial schools in
this Commonwealth, including special education and home education
programs:
(1) Hepatitis B. Three properly-spaced doses
of hepatitis B vaccine or a history of hepatitis B immunity proved
by laboratory testing.
(2) Diphtheria. Four or more properly-spaced doses of diphtheria
toxoid, which may be administered as a single antigen vaccine,
in combination with tetanus toxoid or in combination with tetanus
toxoid and pertussis vaccine. One dose shall be administered on
or after the 4th birthday.
(3) Tetanus. Four or more properly-spaced doses of tetanus toxoid,
which may be administered as a single antigen vaccine, in combination
with diphtheria toxoid or in combination with diphtheria toxoid
and pertussis vaccine. One dose shall be administered on or after
the 4th birthday.
(4) Poliomyelitis. Three or more properly-spaced doses of any
combination of oral polio vaccine or enhanced inactivated polio
vaccine.
(5) Measles (rubeola). Two properly-spaced doses of live attenuated
measles vaccine, the first dose administered at 12 months of age
or older, or a history of measles immunity proved by serological
evidence showing antibody to measles as determined by the hemagglutination
inhibition test or a comparable test. Each dose of measles vaccine
may be administered as a single antigen vaccine.
(6) German measles (rubella). One dose of live attenuated rubella
vaccine, administered at 12 months of age or older or a history
of rubella immunity proved by serological evidence showing antibody
to rubella determined by the hemagglutination inhibition test
or any comparable test. Rubella vaccine may be administered as
a single antigen vaccine.
(7) Mumps. One dose of live attenuated mumps vaccine, administered
at 12 months of age or older or a physician diagnosis of mumps
disease indicated by a written record signed by the physician
or the physician's designee. Mumps vaccine may be administered
as a single antigen vaccine.
(8) Chickenpox (varicella). One of the following:
(i) One dose of varicella vaccine, administered
at 12 months of age or older.
(ii) A history of chickenpox immunity proved by laboratory testing
or a written statement of history of chickenpox disease from
a parent, guardian or physician.
(b) Required for attendance. The following immunizations
are required as a condition of attendance at school in this Commonwealth
if the child has not received the immunizations required for school
entry listed in subsection (a).
(1) Diphtheria. Three or more properly spaced
doses of diphtheria toxoid, which may be administered as a single
antigen vaccine, in combination with tetanus toxoid or in combination
with tetanus toxoid and pertussis vaccine.
(2) Tetanus. Three or more properly spaced doses of tetanus toxoid,
which may be administered as a single antigen vaccine, in combination
with diphtheria toxoid or in combination with diphtheria toxoid
and pertussis vaccine.
(3) Poliomyelitis. Three or more properly spaced doses of either
oral polio vaccine or enhanced inactivated polio vaccine. If a
child received any doses of inactivated polio vaccine administered
prior to 1988, a fourth dose of inactivated polio vaccine is required.
(4) Measles (rubeola). Two properly spaced doses of live attenuated
measles vaccine, administered at 12 months of age or older or
a history of measles immunity proved by serological evidence showing
antibody to measles determined by the hemagglutination inhibition
test or a comparable test. Each dose of measles vaccine may be
administered as a single antigen vaccine.
(5) German measles (rubella). One dose of live attenuated rubella
vaccine, administered at 12 months of age or older or a history
of rubella immunity proved by serological evidence showing antibody
to rubella determined by the hemagglutination inhibition test
or any comparable test. Rubella vaccine may be administered as
a single antigen vaccine.
(6) Mumps. One dose of live attenuated mumps vaccine, administered
at 12 months of age or older or a physician diagnosis of mumps
disease indicated by a written record signed by the physician
or the physician's designee. Mumps vaccine may be administered
as a single antigen vaccine.
(c) Required for entry into 7th grade. In addition
to the immunizations listed in subsection (b), the following immunizations
are required at any public, private, parochial or vocational school
in this Commonwealth, including special education and home education
programs, as a condition of entry for students entering the 7th
grade; or, in an ungraded class, for students in the school year
that the student is 12 years of age:
(1) Hepatitis B. Three properly-spaced doses
of hepatitis B vaccine or a history of hepatitis B immunity proved
by laboratory testing.
(2) Chickenpox (varicella). One of the following:
(i) One dose of varicella vaccine, administered
at 12 months of age or older.
(ii) Two properly-spaced doses of varicella vaccine for children
13 years of age and older.
(iii) A history of chickenpox immunity proved by laboratory
testing, or a written statement of history of chickenpox disease
from the parent, guardian, emancipated child or physician.
28 Pa. Code. § 23.84 (2007)
§ 23.84. Exemption from immunization.
(a) Medical exemption. Children need not be immunized
if a physician or the physician’s designee provides a written statement
that immunization may be detrimental to the health of the child.
When the physician determines that immunization is no longer detrimental
to the health of the child, the child shall be immunized according
to this subchapter.
(b) Religious exemption. Children need not be
immunized if the parent, guardian or emancipated child objects in
writing to the immunization on religious grounds or on the basis
of a strong moral or ethical conviction similar to a religious belief.
Source
The provisions of this § 23.84 amended through
September 17, 1982, effective August 1, 1983, 12 Pa.B. 3288; amended
August 22, 1997, effective August 23, 1997, 27 Pa.B. 4317. Immediately
preceding text appears at serial pages (164332) to (164333) and
(129145).
Cross References
This section cited in 22 Pa. Code § 11.20 (relating
to nonimmunizated children); 22 Pa. Code § 51.13 (relating to immunization);
28 Pa. Code § 23.85 (relating to responsibilities of schools and
school administrators); and 28 Pa. Code § 27.77 (relating to immunization
requirements for children in child care group settings).
TITLE 28. HEALTH AND SAFETY
CHAPTER 27. COMMUNICABLE AND NONCOMMUNICABLE DISEASES
SUBCHAPTER C. QUARANTINE AND ISOLATION
COMMUNICABLE DISEASES IN CHILDREN AND STAFF ATTENDING SCHOOLS AND
CHILD CARE
GROUP SETTINGS
28 Pa. Code. § 27.77 (2007)
§ 27.77. Immunization requirements for
children in child care group settings.
(a) Caregiver responsibilities.
(1) Except as exempted in subsection (d),
effective March 27, 2002, the caregiver at a child care group
setting may not accept or retain a child 2 months of age or older
at the setting, for more than 60 days, unless the caregiver has
received a written objection to a child being vaccinated on religious
grounds from a parent or guardian, or one of the following:
(i) For all children not exempt under subsection
(d)(1)(ii), an initial written verification from a physician,
the Department or a local health department of the dates (month,
day and year) the child was administered any vaccines ecommended
by ACIP. The verification shall also specify any vaccination
not given due to medical condition of the child and shall state
whether the condition is temporary or permanent. The verification
shall show compliance with the vaccination requirements in subsection
(b).
(ii) For all children for whom vaccinations remain outstanding
following the caregiver's receipt of the initial written verification,
subsequent written verifications from a physician, the Department
or a local health department as additional vaccinations become
due. These verifications shall be prepared in the same manner
as set forth in subparagraph (i), but need not repeat information
contained in a previously submitted verification. The verifications
shall demonstrate continuing compliance with the vaccination
requirements in subsection (b).
(2) If the caregiver receives a written verification
under paragraph (1) explaining that timely vaccination did not
occur due to a temporary medical condition, the caregiver shall
exclude the child from the child care group setting after an additional
30 days unless the caregiver receives, within that 30-day period,
written verification from a physician, the Department or a local
health department that the child was vaccinated or that the temporary
medical condition still exists. If the caregiver receives a written
verification that vaccination has not occurred because the temporary
condition persists, the caregiver shall require the presentation
of a new verification at 30-day intervals. If a verification is
not received as required, the caregiver shall exclude the child
from the child care group setting and not readmit the child until
the caregiver receives a verification that meets the requirements
of this section.
(3) The caregiver shall retain the written verification or objection
referenced in paragraphs (1) and (2) for 60 days following the
termination of the child's attendance.
(4) The caregiver shall ensure that a certificate of immunization
is completed and signed for each child enrolled in the child care
group setting. The certificates shall be updated by the caregiver
to include the information provided to the caregiver under subsection
(a) when that additional information is received. The immunization
status of each enrolled child shall be summarized and reported
on an annual basis to the Department at the time prescribed by
the Department and on the form provided by the Department.
(b) Vaccination requirements. Each child enrolled
in a child care group setting shall be immunized in accordance with
ACIP standards in effect on January 1, 1999, governing the issuance
of ACIP recommendations for the immunization of children.
(1) The standards are as follows:
(i) The immunization practice is supported
by both published and unpublished scientific literature as a
means to address the morbidity and mortality of the disease.
(ii) The labeling and packaging inserts for the immunizing agent
are considered.
(iii) The immunizing agent is safe and effective.
(iv) The schedule for use of the immunizing agent is administratively
feasible.
(2) The Department will deem an ACIP recommendation
pertaining to the immunization of children to satisfy the standards
in this subsection unless ACIP alters its standards for recommending
immunizations for children by eliminating a standard set forth
in this subsection and the recommendation is issued under those
changed standards.
(c) Notice. The Department will place a notice
in the Pennsylvania Bulletin listing publications containing ACIP
recommendations issued under the standards in subsection (b). The
Department will publish the initial notice at 32 Pa.B. 539 (January
26, 2002), contemporaneously with the adoption of amendments to
this chapter. The Department will update that list in a notice which
it will publish in the Pennsylvania Bulletin within 30 days after
ACIP issues a recommendation which satisfies the criteria of this
section.
(d) Exemptions.
(1) This section does not apply to the following:
(i) Kindergarten, elementary school or higher
school. These caregivers shall comply with § § 23.81-23.87
(relating to immunization).
(ii) Children who are known by the caregiver to be 6 years of
age or older or to attend a kindergarten, elementary school
or high school.
(iii) A caregiver who does not serve as a caregiver for at least
40 hours during at least 1 month.
(2) The requirement imposed by subsection
(a), to not accept a child into a child care group setting without
receiving an initial written verification or objection specified
in subsection (a), does not apply during a month the caregiver
does not serve as a caregiver for at least 40 hours.
(e) Exclusion when disease is present. Whenever
one of the diseases in § 27.76 (relating to exclusion and readmission
of children, and staff having contact with children, in child care
group settings) has been identified within a child care group setting,
the Department or a local health department may order the exclusion
from the child care group setting or any other child care group
setting which is determined to be at high-risk of transmission of
that disease, of an individual susceptible to that disease in accordance
with public health standards as determined by the Department.
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