130th Ohio General Assembly
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H. B. No. 81  As Introduced
As Introduced

127th General Assembly
Regular Session
2007-2008
H. B. No. 81


Representative Brown 

Cosponsors: Representatives Evans, Combs, Strahorn, Yuko, Otterman, Redfern, Chandler, Fende, Williams, B., Ujvagi 



A BILL
To amend section 3313.671 and to enact sections 3701.36, 3701.361, and 3701.362 of the Revised Code to require that girls entering the sixth grade be vaccinated against the human papillomavirus (HPV) and to create the HPV Immunization Advisory Committee.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 3313.671 be amended and sections 3701.36, 3701.361, and 3701.362 of the Revised Code be enacted to read as follows:
Sec. 3313.671.  (A)(1) Except as otherwise provided in division (B) of this section, no pupil, at the time of initial entry or at the beginning of each school year, to an elementary or high school for which the state board of education prescribes minimum standards pursuant to division (D) of section 3301.07 of the Revised Code, shall be permitted to remain in school for more than fourteen days unless the pupil presents written evidence satisfactory to the person in charge of admission, that the pupil has been immunized by a method of immunization approved by the department of health pursuant to section 3701.13 of the Revised Code against mumps, poliomyelitis, diphtheria, pertussis, tetanus, rubeola, and rubella or is in the process of being immunized.
(2) Except as provided in division (B) of this section, no pupil who begins kindergarten at an elementary school subject to the state board of education's minimum standards shall be permitted to remain in school for more than fourteen days unless the pupil presents written evidence satisfactory to the person in charge of admission that the pupil has been immunized by a department of health-approved method of immunization or is in the process of being immunized against both of the following:
(a) During or after the school year beginning in 1999, hepatitis B;
(b) During or after the school year beginning in 2006, chicken pox.
(3) Beginning in the 2008-2009 school year, except as provided in division (B) of this section, no female pupil who begins sixth grade at a school subject to the state board of education's minimum standards shall be permitted to remain in school for more than fourteen days unless the pupil presents written evidence satisfactory to the person in charge of admission that the pupil has been immunized by a department of health-approved method of immunization or is in the process of being immunized against the human papillomavirus.
(4) As used in divisions (A)(1) and (2) to (3) of this section, "in the process of being immunized" means the pupil has been immunized against mumps, rubeola, rubella, and chicken pox, and if the pupil has not been immunized against poliomyelitis, diphtheria, pertussis, tetanus, and hepatitis B, and the human papillomavirus, the pupil has received at least the first dose of the immunization sequence, and presents written evidence to the pupil's building principal or chief administrative officer of each subsequent dose required to obtain immunization at the intervals prescribed by the director of health. Any student previously admitted under the "in process of being immunized" provision and who has not complied with the immunization intervals prescribed by the director of health shall be excluded from school on the fifteenth day of the following school year. Any student so excluded shall be readmitted upon showing evidence to the student's building principal or chief administrative officer of progress on the director of health's interval schedule.
(B)(1) A pupil who has had natural rubeola, and presents a signed statement from the pupil's parent, guardian, or physician to that effect, is not required to be immunized against rubeola.
(2) A pupil who has had natural mumps, and presents a signed statement from the pupil's parent, guardian, or physician to that effect, is not required to be immunized against mumps.
(3) A pupil who has had natural chicken pox, and presents a signed statement from the pupil's parent, guardian, or physician to that effect, is not required to be immunized against chicken pox.
(4) A pupil who presents a written statement of the pupil's parent or guardian in which the parent or guardian declines to have the pupil immunized for reasons of conscience, including religious convictions, is not required to be immunized.
(5) A child whose physician certifies in writing that such immunization against any disease is medically contraindicated is not required to be immunized against that disease.
(6) A female pupil who presents a written, signed statement of the pupil's parent or guardian in which the parent or guardian attests to having received the information on the connection between the human papillomavirus and cervical cancer disseminated under section 3701.362 of the Revised Code and in which the parent or guardian declines to have the pupil immunized is not required to be immunized against the human papillomavirus.
(C) As used in this division, "chicken pox epidemic" means the occurrence of cases of chicken pox in numbers greater than expected in the school's population or for a particular period of time.
Notwithstanding division (B) of this section, a school may deny admission to a pupil otherwise exempted from the chicken pox immunization requirement if the director of the state department of health notifies the school's principal or chief administrative officer that a chicken pox epidemic exists in the school's population. The denial of admission shall cease when the director notifies the principal or officer that the epidemic no longer exists.
The board of education or governing body of each school subject to this section shall adopt a policy that prescribes methods whereby the academic standing of a pupil who is denied admission during a chicken pox epidemic may be preserved.
(D) Boards of health, legislative authorities of municipal corporations, and boards of township trustees on application of the board of education of the district or proper authority of any school affected by this section, shall provide at the public expense, without delay, the means of immunization against mumps, poliomyelitis, rubeola, rubella, diphtheria, pertussis, tetanus, and hepatitis B, and the human papillomavirus to pupils who are not so provided by their parents or guardians. Immunizations against the human papillomavirus shall be adminstered only to girls under this division.
Sec. 3701.36.  (A) The HPV immunization advisory committee is hereby created within the department of health. The committee shall consist of the following members:
(1) Two individuals appointed by the president of the senate;
(2) Two individuals appointed by the speaker of the house of representatives;
(3) Three individuals appointed by the governor.
Members of the committee shall serve at the pleasure of the appointing authority. Vacancies shall be filled in the manner provided for original appointments. Members shall serve without compensation.
(B) The committee shall meet as it determines necessary to carry out its duties prescribed under this section. The committee shall:
(1) Assist the department in identifying materials that contain information regarding the risks associated with the human papillomavirus and cervical cancer and the availability, effectiveness, and potential risks of the human papillomavirus vaccine;
(2) Approve or disapprove materials identified by the department under division (B)(1) of this section;
(3) Advise in the marketing and dissemination of the approved materials under section 3701.362 of the Revised Code.
(C) Once the committee approves materials under division (B) of this section, the department shall deliver a copy of the approved materials to the Columbus offices of the chairpersons of the standing committees of the house of representatives and the senate that consider issues pertaining to public health.
Sec. 3701.361.  After the department of health delivers a copy of informational materials under section 3701.36 of the Revised Code, each committee chairperson to whom the materials were delivered shall convene at least one hearing of the standing committee to consider the materials and recommendations to the general assembly.
Both houses of the general assembly shall approve or disapprove the materials by passing a concurrent resolution not later than forty-five days after the first day that both houses of the general assembly convene for a voting session following the delivery of materials to the committee chairpersons. If the materials are delivered to the chairpersons on different days, the forty-five days shall commence on the first day that both houses convene for a voting session following the later delivery. If the materials are delivered to either chairperson less than forty-five days before the general assembly adjourns sine die, the forty-five days shall commence on the first day the next general assembly is in session.
If the general assembly passes a concurrent resolution disapproving the proposed materials, the concurrent resolution shall state specific objections to those materials. The HPV immunization advisory committee shall revise the proposed materials based on the general assembly's objections, and the department shall resubmit them for the general assembly's approval in accordance with division (C) of section 3701.36 of the Revised Code.
If the general assembly passes a concurrent resolution approving the proposed materials, the department shall disseminate those materials pursuant to section 3701.632 of the Revised Code.
If the general assembly does not pass a concurrent resolution with respect to the proposed materials within the forty-five-day period, those materials shall be deemed approved, and the department shall disseminate those materials pursuant to section 3701.362 of the Revised Code.
Sec. 3701.362.  Once the informational materials have been approved by the general assembly in accordance with section 3701.361 of the Revised Code, the department shall notify each school in the state that includes fifth or sixth grade of the availability of the materials, direct the annual dissemination of the approved materials to all female students in the fifth grade in the state, and post the materials on its web site.
Section 2.  That existing section 3313.671 of the Revised Code is hereby repealed.
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