HOUSE AMENDED
PRIOR PRINTER'S NOS. 1210, 1584, 1630 PRINTER'S NO. 1775
No. 955 Session of 2001
INTRODUCED BY D. WHITE, ROBBINS, RHOADES, COSTA, ORIE, LAVALLE,
TOMLINSON, ERICKSON, LEMMOND, KUKOVICH, WAUGH, MUSTO,
KASUNIC, CORMAN AND STACK, JUNE 15, 2001
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 11, 2002
AN ACT
1 Providing FOR ADOPTION OF A VACCINATION POLICY AT INSTITUTIONS <--
2 OF HIGHER EDUCATION AND for vaccination against meningococcal
3 disease for students at institutions of higher education. and <--
4 for duties of the Department of Health.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Short title.
8 This act shall be known and may be cited as the College and
9 University Student Vaccination Act.
10 Section 2. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Branch campus." A branch campus is a unit of an institution
15 of higher education which is distinguished by all of the
16 following characteristics:
17 (1) An academic degree-granting program or organized
1 parts thereof offered on a continuing basis.
2 (2) Location separately identifiable from the main
3 campus of the parent institution and providing the services
4 normally associated with the campus.
5 (3) Legal authority for governance, administration and
6 general operation derived from the charter or enabling
7 legislation of the parent institution or of the State System
8 of Higher Education.
9 "Community colleges." Institutions now or hereafter created
10 pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30,
11 No.14), known as the Public School Code of 1949, or the act of
12 August 24, 1963 (P.L.1132, No.484), known as the Community
13 College Act of 1963.
14 "Department." The Department of Health of the Commonwealth. <--
15 "Dormitory or housing unit." A building owned by an
16 institution of higher education which is used as a residence by
17 students of the institution.
18 "Independent institution of higher education." An
19 institution of higher education which is operated not for
20 profit, located in and incorporated or chartered by the
21 Commonwealth, entitled to confer degrees and apply to itself the
22 designation "college" or "university" as provided for by
23 standards and qualifications prescribed by the State Board of
24 Education under 24 Pa.C.S. Ch. 65 (relating to private colleges,
25 universities and seminaries).
26 "Institution of higher education." An independent
27 institution of higher education, a community college, a State-
28 owned institution or a State-related institution, any of which
29 is approved by the Department of Education.
30 "State-owned institutions." Those institutions which are
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1 part of the State System of Higher Education pursuant to Article
2 XX-A of the act of March 10, 1949 (P.L.30, No.14), known as the
3 Public School Code of 1949.
4 "State-related institutions." The Pennsylvania State
5 University, the University of Pittsburgh, Temple University and
6 Lincoln University and their branch campuses.
7 SECTION 3. VACCINATION POLICY. <--
8 EACH INSTITUTION OF HIGHER EDUCATION SHALL ADOPT A UNIFORM
9 VACCINATION POLICY FOR FULL-TIME STUDENTS RESIDING IN
10 DORMITORIES OR HOUSING UNITS. THE POLICY SHALL BE CONSISTENT
11 WITH THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES OF THE
12 CENTERS FOR DISEASE CONTROL AND PREVENTION RECOMMENDATIONS FOR
13 ADOLESCENTS.
14 Section 3 4. Vaccination requirement. <--
15 (a) General rule.-- <--
16 (1) Except as provided in paragraph (2), a student at an
17 institution of higher education who resides in a dormitory or
18 housing unit must receive a one-time vaccination against
19 meningococcal disease. If a student is a minor, the
20 vaccination may only be administered with the consent of the
21 student's parent or guardian.
22 (2) A student is exempt from the vaccination requirement
23 under paragraph (1) if the institution provides detailed
24 information on the risks associated with meningococcal
25 disease and the availability and the effectiveness of any
26 vaccine to:
27 (i) The student, if the student is 18 years of age
28 or older, and the student signs a written waiver in a
29 form approved by the department stating that the student
30 has received and reviewed the information provided and
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1 has chosen not to be vaccinated against meningococcal
2 disease.
3 (ii) The student's parent or guardian, if the
4 student is a minor, and the student's parent or guardian
5 signs a written waiver in a form approved by the
6 department stating that the parent or guardian has
7 received and reviewed the information provided and has
8 chosen not to have the student vaccinated against
9 meningococcal disease.
10 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B), AN <--
11 INSTITUTION OF HIGHER EDUCATION SHALL PROHIBIT A STUDENT FROM
12 RESIDING IN A DORMITORY OR HOUSING UNIT UNLESS THE STUDENT HAS
13 RECEIVED A ONE-TIME VACCINATION AGAINST MENINGOCOCCAL DISEASE.
14 IF THE STUDENT IS A MINOR, THE VACCINATION MAY ONLY BE
15 ADMINISTERED WITH THE CONSENT OF THE STUDENT'S PARENT OR
16 GUARDIAN.
17 (B) EXCEPTION.--AN INSTITUTION OF HIGHER EDUCATION MAY
18 PERMIT A STUDENT TO RESIDE IN A DORMITORY OR HOUSING UNIT
19 WITHOUT BEING VACCINATED, FOR RELIGIOUS OR OTHER REASONS,
20 AGAINST MENINGOCOCCAL DISEASE IF THE INSTITUTION PROVIDES
21 DETAILED INFORMATION ON THE RISKS ASSOCIATED WITH MENINGOCOCCAL
22 DISEASE AND THE AVAILABILITY AND THE EFFECTIVENESS OF ANY
23 VACCINE TO:
24 (1) THE STUDENT, IF THE STUDENT IS 18 YEARS OF AGE OR
25 OLDER, AND THE STUDENT SIGNS A WRITTEN WAIVER STATING THAT
26 THE STUDENT HAS RECEIVED AND REVIEWED THE INFORMATION
27 PROVIDED AND HAS CHOSEN NOT TO BE VACCINATED, FOR RELIGIOUS
28 OR OTHER REASONS, AGAINST MENINGOCOCCAL DISEASE.
29 (2) THE STUDENT'S PARENT OR GUARDIAN, IF THE STUDENT IS
30 A MINOR, AND THE STUDENT'S PARENT OR GUARDIAN SIGNS A WRITTEN
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1 WAIVER STATING THAT THE PARENT OR GUARDIAN HAS RECEIVED AND
2 REVIEWED THE INFORMATION PROVIDED AND HAS CHOSEN NOT TO HAVE
3 THE STUDENT VACCINATED, FOR RELIGIOUS OR OTHER REASONS,
4 AGAINST MENINGOCOCCAL DISEASE.
5 (b) (C) Construction.--Nothing in this section shall be <--
6 construed to require an institution of higher education to
7 provide or pay for vaccinations against meningococcal disease.
8 An institution is only responsible for the dissemination of
9 information and documentation of vaccination or collection of
10 waiver forms.
11 Section 4. Regulations. <--
12 The department may adopt rules and regulations to administer
13 and enforce this act.
14 Section 5. Effective date.
15 This act shall take effect in 60 days.
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