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        PRIOR PRINTER'S NOS. 1210, 1584, 1630,        PRINTER'S NO. 2102



No. 955 Session of 2001

           KASUNIC, CORMAN AND STACK, JUNE 15, 2001


                                     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.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6  Section 1.  Short title.
     7     This act shall be known and may be cited as the College and
     8  University Student Vaccination Act.
     9  Section 2.  Definitions.
    10     The following words and phrases when used in this act shall
    11  have the meanings given to them in this section unless the
    12  context clearly indicates otherwise:
    13     "Branch campus."  A branch campus is a unit of an institution
    14  of higher education which is distinguished by all of the
    15  following characteristics:
    16         (1)  An academic degree-granting program or organized
    17     parts thereof offered on a continuing basis.

     1         (2)  Location separately identifiable from the main
     2  campus of the parent institution and providing the services
     3  normally associated with the campus.
     4         (3)  Legal authority for governance, administration and
     5     general operation derived from the charter or enabling
     6     legislation of the parent institution or of the State System
     7     of Higher Education.
     8     "Community colleges."  Institutions now or hereafter created
     9  pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30,
    10  No.14), known as the Public School Code of 1949, or the act of
    11  August 24, 1963 (P.L.1132, No.484), known as the Community
    12  College Act of 1963.
    13     "Dormitory or housing unit."  A building owned by an
    14  institution of higher education which is used as a residence by
    15  students of the institution.
    16     "Independent institution of higher education."  An
    17  institution of higher education which is operated not for
    18  profit, located in and incorporated or chartered by the
    19  Commonwealth, entitled to confer degrees and apply to itself the
    20  designation "college" or "university" as provided for by
    21  standards and qualifications prescribed by the State Board of
    22  Education under 24 Pa.C.S. Ch. 65 (relating to private colleges,
    23  universities and seminaries).
    24     "Institution of higher education."  An independent
    25  institution of higher education, a community college, a State-
    26  owned institution or a State-related institution, any of which
    27  is approved by the Department of Education.
    28     "State-owned institutions."  Those institutions which are
    29  part of the State System of Higher Education pursuant to Article
    30  XX-A of the act of March 10, 1949 (P.L.30, No.14), known as the
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     1  Public School Code of 1949.
     2     "State-related institutions."  The Pennsylvania State
     3  University, the University of Pittsburgh, Temple University and
     4  Lincoln University and their branch campuses.
     5  Section 3.  Vaccination policy.                                   <--
     6     Each institution of higher education shall adopt a uniform
     7  vaccination policy for full-time students residing in
     8  dormitories or housing units. The policy shall be consistent
     9  with the Advisory Committee on Immunization Practices of the
    10  Centers for Disease Control and Prevention recommendations for
    11  adolescents.
    12  Section 4 3.  Vaccination requirement.                            <--
    13     (a)  General rule.--Except as provided in subsection (b), an
    14  institution of higher education shall prohibit a student from
    15  residing in a dormitory or housing unit unless the student has
    16  received a one-time vaccination against meningococcal disease.
    17  If the student is a minor, the vaccination may only be
    18  administered with the consent of the student's parent or
    19  guardian.
    20     (b)  Exception.--An institution of higher education may SHALL  <--
    21  permit a student to reside in a dormitory or housing unit
    22  without being vaccinated, for religious or other reasons,
    23  against meningococcal disease if the institution provides
    24  detailed information on the risks associated with meningococcal
    25  disease and the availability and the effectiveness of any
    26  vaccine to:
    27         (1)  The student, if the student is 18 years of age or
    28     older, and the student signs a written waiver stating that
    29     the student has received and reviewed the information
    30     provided and has chosen not to be vaccinated, for religious
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     1     or other reasons, against meningococcal disease.
     2         (2)  The student's parent or guardian, if the student is
     3     a minor, and the student's parent or guardian signs a written
     4     waiver stating that the parent or guardian has received and
     5     reviewed the information provided and has chosen not to have
     6     the student vaccinated, for religious or other reasons,
     7     against meningococcal disease.
     8     (c)  Construction.--Nothing in this section shall be
     9  construed to require an institution of higher education to
    10  provide or pay for vaccinations against meningococcal disease.
    11  An institution is only responsible for the dissemination of
    12  information and documentation of vaccination or collection of
    13  waiver forms.
    14  Section 5 4.  Effective date.                                     <--
    15     This act shall take effect in 60 days.

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