PRINTER'S NO. 2064
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1820
Session of
2021
INTRODUCED BY FRANKEL, KOSIEROWSKI, KINSEY, SCHLOSSBERG,
DELLOSO, MERSKI, SIMS, SANCHEZ, HOHENSTEIN AND ROZZI,
AUGUST 31, 2021
REFERRED TO COMMITTEE ON EDUCATION, AUGUST 31, 2021
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.
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,
are amended and the section is amended by adding subsections 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 is so certified by a
[physician] health care practitioner. Such certificates may be
accepted in lieu of a certificate of immunization.
(d) (1) The provisions of this section shall not apply in
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the case of any child whose parent or guardian objects in
writing to such immunization on religious grounds[.] if the
parent or guardian provides to the school a signed document, on
a form prescribed by the department, stating that the parent or
guardian is declining one or more immunizations on behalf of the
child. The document must include:
(i) the reason for declining immunization;
(ii) the specific immunizations for which an exemption is
being required; and
(iii) a signature from a health care practitioner verifying:
(A) the health care practitioner has reviewed with the
parent or guardian information regarding the benefits and risks
associated with immunization, including the risks associated
with not immunizing a child, consistent with information
published by the Centers for Disease Control and Prevention;
(B) the health care practitioner has reviewed with the
parent or guardian information regarding the possibility that
the child may be excluded from school in the event of an
outbreak until the child is treated or until the exclusionary
period ends; and
(C) the date on which the health care practitioner provided
the information under clauses (A) and (B).
(2) The form prescribed by the department under paragraph
(1) shall be accepted in lieu of a certificate of immunization
and shall be provided by the parent or guardian to the school at
the beginning of each school year.
(e) If, upon review, the requirements of this section are
not met, the school administrator or the school administrator's
designee may exclude the child from school.
(f) As used in this section, the term "health care
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practitioner" shall mean a person who is licensed, certified or
otherwise authorized by law or regulation to administer required
immunizations in this Commonwealth.
Section 2. This act shall take effect in 60 days.
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