PRINTER'S NO. 1086
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
883
Session of
2015
INTRODUCED BY CORBIN, SCHLOSSBERG, DAVIS, SNYDER, FREEMAN,
SAMUELSON, BAKER, THOMAS, McNEILL, D. COSTA, SCHWEYER, MOUL,
STURLA, ROSS, COHEN, HENNESSEY, FRANKEL, BISHOP, DeLUCA,
FABRIZIO, SIMS, SANTARSIERO AND ACOSTA, APRIL 6, 2015
REFERRED TO COMMITTEE ON HEALTH, APRIL 6, 2015
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in pupils and attendance, further
providing for immunization required and penalty; and
abrogating a regulation relating to responsibilities of
schools and school administrators.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1303(c) and (d) of the act of March 10,
1949 (P.L.30, No.14), known as the Public School Code of 1949,
added April 11, 1974 (P.L.258, No.67), are amended and the
section is amended by adding a subsection to read:
Section 1303. Immunization Required; Penalty.--* * *
(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] health care practitioner. Such certificates may be
accepted in lieu of a certificate of immunization.
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(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.] has a strongly held
religious belief that the child should not be subject to
required immunizations as provided in this section. To apply for
the exemption, the parent or guardian shall execute an
affidavit. The affidavit shall include a list of required
immunizations and allow a parent or guardian to request an
exemption for the child from any or all of the required
immunizations. In the affidavit the parent or guardian shall
state that a religious belief of the parent or guardian is in
conflict with the child receiving immunizations required by this
section and shall indicate the specific vaccines for which an
exemption is being requested. The affidavit must be signed by a
health care practitioner. The signature of the health care
practitioner indicates that the parent or guardian has been
given information regarding the benefits of vaccination and the
risks associated with not vaccinating have been explained to the
parent or guardian. The date on which the information was
provided shall be included on the affidavit. The affidavit may
be accepted in lieu of a certificate of immunization. For the
purposes of this subsection, a religious belief shall not
include a strong moral or ethical conviction similar to a
religious belief.
(e) As used in this section, the term "health care
practitioner" shall mean a person who is licensed, certified or
otherwise authorized by law or regulation to administer
immunizations in this Commonwealth.
Section 2. The regulation of the Department of Health in 28
Pa. Code ยง 23.85(e) (relating to responsibilities of schools and
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school administrators) is abrogated.
Section 3. This act shall take effect in 60 days.
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