H-697                _______________________________________________

                                                    HOUSE BILL NO. 853

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representatives Brooks and Moyer

Read first time 2/11/87 and referred to Committee on Health Care.

AN ACT Relating to immunization of students at institutions of higher education; and adding new sections to chapter 28B.10 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.     Before being admitted to an institution of higher education or being permitted to continue to attend an institution of higher education in which the person is enrolled after the effective date of this section, a person under thirty years of age, shall present either:

          (1) Proof of full immunization as required by the state board of health under section 5 of this act; or

          (2) A certificate of exemption under section 2 of this act.

NEW SECTION. Sec. 2.     A person is exempt from the requirements of section 1 of this act upon the presentation of any one or more of the following, on a form prescribed by the department of social and health services:

          (1) A written certification signed by any physician licensed to practice medicine pursuant to chapter 18.71 or 18.57 RCW or by a physician licensed under the applicable laws of another state that specified immunizations are not advisable for the person;

          (2) A written certification signed by the person or if under eighteen any parent or legal guardian of the person that the religious beliefs of the signator are contrary to the required immunization measures; or

          (3) A written certification signed by the person or if under eighteen any parent or legal guardian of the person that the signator has either a philosophical or personal objection to the immunization.

NEW SECTION. Sec. 3.     Each person's proof of immunization or certification of exemption shall be retained by the institution of higher education where the person is enrolled for the period the person is enrolled.  The institution of higher education shall file a written annual report on forms prescribed by the department of social and health services with the department of social and health services on the immunization status of persons attending the institution of higher education and about persons excluded from attendance under section 1 of this act.

          Agents of state and local health departments shall have access to the records retained under this section during business hours for the purposes of inspection and copying.

NEW SECTION. Sec. 4.     Each institution of higher education shall notify all admittees and continuing students about the requirements of sections 1 through 6 of this act.  Before excluding a person the institution of higher education shall fully inform the person or the parent or legal guardian of the person if the person is under eighteen of:

          (1) The requirements under sections 1 through 6 of this act;

          (2) That the person will be prohibited from attending the institution of higher education until section 1 of this act is complied with;

          (3) Any procedural due process rights adopted by the institution of higher education by rule; and

          (4) The immunization services available through the local health department and other public health agencies.

NEW SECTION. Sec. 5.     The state board of health shall adopt rules pursuant to chapter 34.04 RCW which establish the procedural and substantive requirements for full immunization and the form and substance of the proof required.

NEW SECTION. Sec. 6.     The boards of regents and trustees in consultation with the higher education coordinating board shall adopt rules establishing the procedural and substantive due process rights governing the exclusion of students from the respective institutions of higher education.

NEW SECTION. Sec. 7.     Sections 1 through 6 of this act are each added to chapter 28B.10 RCW.