H-1894.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1628
_______________________________________________
State of Washington 53rd Legislature 1993 Regular Session
By House Committee on Human Services (originally sponsored by Representatives Leonard, Dellwo, Riley, Rust, Valle, Brown, Karahalios, Flemming, Linville, Thibaudeau, Brough, Pruitt, Jones, Basich, King, Wang, Patterson, Johanson, Kessler, Bray, G. Cole, G. Fisher, Jacobsen, Locke, Sheldon, Rayburn, Cothern, Wineberry, Veloria, Morris, J. Kohl, L. Johnson and Anderson)
Read first time 03/01/93.
AN ACT Relating to immunization; amending RCW 28A.210.070, 28A.210.080, 28A.210.110, 28A.210.120, and 28A.210.170; adding new sections to chapter 43.70 RCW; and declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that:
(1) There has been an increase in the number of children contracting vaccine-preventable infectious diseases;
(2) This trend has occurred despite the availability of safe and effective immunizations that can prevent these debilitating and life-threatening diseases;
(3) Parents and guardians of children are often unaware of the need for timely immunizations and the public health risks of the failure to be properly immunized;
(4) Investments in childhood immunization generate significant health care cost savings. For each dollar spent on immunization, eleven dollars of health care expenditures are avoided.
The legislature declares that it is in the public health interest of the people of the state of Washington that all children should be properly immunized.
Sec. 2. RCW 28A.210.070 and 1990 c 33 s 191 are each amended to read as follows:
As used in RCW 28A.210.060 through 28A.210.170:
(1) "Chief administrator" shall mean
the person with the authority and responsibility for the immediate supervision
of the operation of a school or ((day care center)) child care
facility as defined in this section or, in the alternative, such other
person as may hereafter be designated in writing for the purposes of RCW
28A.210.060 through 28A.210.170 by the statutory or corporate board of
directors of the school district, school, or ((day care center)) child
care facility or, if none, such other persons or person with the authority
and responsibility for the general supervision of the operation of the school
district, school or ((day care center)) child care facility.
(2) "Full immunization" shall mean immunization against certain vaccine-preventable diseases in accordance with schedules and with immunizing agents approved by the state board of health.
(3) "Local health department" shall mean the city, town, county, district or combined city-county health department, board of health, or health officer which provides public health services.
(4) "School" shall mean and include each building, facility, and location at or within which any or all portions of a preschool, kindergarten and grades one through twelve program of education and related activities are conducted for two or more children by or in behalf of any public school district and by or in behalf of any private school or private institution subject to approval by the state board of education pursuant to RCW 28A.305.130(6), 28A.195.010 through 28A.195.050, and 28A.410.120.
(5) "((Day care center)) Child
care facility" shall mean an individual or agency which
regularly provides care for ((a group of thirteen or more)) children for
periods of less than twenty-four hours and is licensed pursuant to chapter
74.15 RCW.
(6) "Child" shall mean any person,
regardless of age, in attendance at a public or private school or a licensed ((day
care center)) child care facility.
Sec. 3. RCW 28A.210.080 and 1990 c 33 s 192 are each amended to read as follows:
The attendance of every child at every public
and private school in the state and licensed ((day care center)) child
care facility shall be conditioned upon the presentation before or on each
child's first day of attendance at a particular school or ((center)) facility,
of proof of either (1) full immunization, (2) the initiation of and compliance
with a schedule of immunization, as required by rules of the state board of
health, or (3) a certificate of exemption as provided for in RCW 28A.210.090.
The attendance at the school or the ((day care center)) child care
facility during any subsequent school year of a child who has initiated a
schedule of immunization shall be conditioned upon the presentation of proof of
compliance with the schedule on the child's first day of attendance during the
subsequent school year. Once proof of full immunization or proof of completion
of an approved schedule has been presented, no further proof shall be required
as a condition to attendance at the particular school or ((center)) facility.
Sec. 4. RCW 28A.210.110 and 1991 c 3 s 291 are each amended to read as follows:
A child's proof of immunization or
certification of exemption shall be presented to the chief administrator of the
public or private school or ((day care center)) child care facility
or to his or her designee for that purpose. The chief administrator shall:
(1) Retain such records pertaining to each
child at the school or ((day care center)) child care facility
for at least the period the child is enrolled in the school or attends such ((center))
facility;
(2) Retain a record at the school or ((day
care center)) child care facility of the name, address, and date of
exclusion of each child excluded from school or the ((center)) facility
pursuant to RCW 28A.210.120 for not less than three years following the date of
a child's exclusion;
(3) File a written annual report with the department
of health on the immunization status of students or children attending the ((day
care center)) child care facility at a time and on forms prescribed
by the department of health; and
(4) Allow agents of state and local health departments access to the records retained in accordance with this section during business hours for the purposes of inspection and copying.
Sec. 5. RCW 28A.210.120 and 1990 c 33 s 196 are each amended to read as follows:
It shall be the duty of the chief administrator
of every public and private school and ((day care center)) child care
facility to prohibit the further presence at the school or ((day care
center)) child care facility for any and all purposes of each child
for whom proof of immunization, certification of exemption, or proof of
compliance with an approved schedule of immunization has not been provided in
accordance with RCW 28A.210.080 and to continue to prohibit the child's
presence until such proof of immunization, certification of exemption, or
approved schedule has been provided. The exclusion of a child from a school
shall be accomplished in accordance with rules of the state board of
education. The exclusion of a child from a ((day care center)) child
care facility shall be accomplished in accordance with rules of the
department of social and health services. Prior to the exclusion of a child,
each school or ((day care center)) child care facility shall
provide written notice to the parent(s) or legal guardian(s) of each child or
to the adult(s) in loco parentis to each child, who is not in compliance with
the requirements of RCW 28A.210.080. The notice shall fully inform such
person(s) of the following: (1) The requirements established by and pursuant
to RCW 28A.210.060 through 28A.210.170; (2) the fact that the child will be
prohibited from further attendance at the school unless RCW 28A.210.080 is
complied with; (3) such procedural due process rights as are hereafter
established pursuant to RCW 28A.210.160 and/or 28A.210.170, as appropriate; and
(4) the immunization services that are available from or through the local
health department and other public agencies.
Sec. 6. RCW 28A.210.170 and 1990 c 33 s 200 are each amended to read as follows:
The department of social and health services
shall and is hereby empowered to adopt rules pursuant to chapter 34.05 RCW
which establish the procedural and substantive due process requirements
governing the exclusion of children from ((day care centers)) child
care facilities pursuant to RCW 28A.210.120.
NEW SECTION. Sec. 7. (1) Effective July 1, 1993, in coordination with any federal or local funding currently dedicated to this purpose, the secretary shall establish up to five demonstration projects for the purpose of increasing immunization utilization rates among preschool children.
(a) The projects shall be established to identify the most effective, cost-efficient, and least burdensome manner to increase immunization rates. They shall be structured in a manner to permit the evaluation of different approaches to enhance timely immunization utilization rates among preschool children.
(b) The projects also shall be utilized to demonstrate the feasibility and efficacy of the components of a state-wide registry system as provided in section 8 of this act.
(c) In selecting demonstration project sites, the secretary shall select sites in both rural and urban areas of the state and in areas east and west of the Cascade mountains.
(2) The secretary shall undertake an effort to coordinate and disseminate information regarding existing local efforts to increase immunization rates among preschool children. The department shall include local government, health care providers, and interested organizations in this effort.
NEW SECTION. Sec. 8. The secretary shall establish a state-wide registry for immunization tracking and recall. In selecting a system of registry, the secretary shall consult with the federal centers for disease control for partnership in a national registry. The goals of the registry shall be to:
(1) Track the immunization status of all children in Washington state, on a geographic and demographic basis;
(2) Allow easy access by public and private immunization providers, so that they can determine the immunization status of children in their care;
(3) Facilitate the provision of personalized periodic immunization reminders to parents; and
(4) Incorporate the use of existing computer and data processing capabilities of the department, local public health departments and districts, and health care providers to the greatest extent practicable.
NEW SECTION. Sec. 9. The department shall implement a sustained public education campaign to increase immunization awareness and increase utilization of immunization services. The campaign shall be directed to parents and guardians of preschool children, child care providers, health care providers, and other appropriate population groups.
(1) The department may contract with a private nonprofit organization to conduct the media campaign.
(2) The department shall make every effort to utilize existing information, materials, and resources, and shall actively seek federal, local, and private cash or in-kind matching funds or grants for the public awareness campaign.
NEW SECTION. Sec. 10. Sections 1 and 7 through 9 of this act are each added to chapter 43.70 RCW.
NEW SECTION. Sec. 11. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.
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