Reprinted

February 9, 2007

SENATE BILL No. 327

_____

DIGEST OF SB 327 (Updated February 8, 2007 3:56 pm - DI 104)

Citations Affected: IC 20-34.

Synopsis: Immunization for school age girls. Requires a school to: (1) provide information to each parent of a female child entering grade 6 concerning the link between cervical cancer and the human papillomavirus (HPV) infection and of the availability of an immunization; (2) collect written statements from the parent indicating whether the child received the immunization; and (3) file a written report with the state department of health (state department) stating the number of required female students who have received the immunization and the number of female students who have not received the immunization. Requires the state department to provide a school with the information on cervical cancer and HPV and prescribe the format for the written statement.

Effective: July 1, 2007.

Lawson C , Simpson , Becker, Landske, Lubbers, Miller, Gard, Bowser, Breaux, Errington, Rogers, Sipes, Tallian, Kenley, Jackman

    January 11, 2007, read first time and referred to Committee on Health and Provider Services.
    February 1, 2007, amended, reported favorably _ Do Pass.
    February 8, 2007, read second time, amended, ordered engrossed.

Reprinted

February 9, 2007

First Regular Session 115th General Assembly (2007)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 327

    A BILL FOR AN ACT to amend the Indiana Code concerning education.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 20-34-4-3; (07)SB0327.2.1. -->     SECTION 1. IC 20-34-4-3, AS ADDED BY P.L.1-2005, SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) Each school shall notify each parent of a student who enrolls in the school of the requirement that the student must be immunized and that the immunization is required for the student's continued enrollment, attendance, or residence at the school unless:
        (1) the parent or student provides the appropriate documentation of immunity;
        (2) for chicken pox, the parent or student provides a written signed statement that the student has indicated a history of chicken pox; or
        (3) IC 20-34-3-2 or IC 20-34-3-3 applies.
     (b) A school that enrolls grade 6 female students shall provide each parent of a female student who is entering grade 6 with information prescribed by the state department of health under subsection (c) concerning the link between cervical cancer and the human papillomavirus (HPV) infection and that an immunization

against the human papillomavirus (HPV) infection is available.
    (c) The state department of health shall provide a school described in subsection (b) with the information concerning cervical cancer and the human papillomavirus (HPV) infection required in subsection (b). The information must include the following:
        (1) The latest scientific information on the immunization against the human papillomavirus (HPV) infection and the immunization's effectiveness against causes of cervical cancer.
        (2) That a pap smear is still critical for the detection of precancerous changes in the cervix to allow for treatment before cervical cancer develops.
        (3) Information concerning the means in which the human papillomavirus (HPV) infection is contracted.
        (4) A statement that any questions or concerns concerning immunizing the child against human papillomavirus (HPV) could be answered by contacting a health care provider.
    (d) The state department of health shall adopt rules under IC 4-22-2 necessary to implement this section.

SOURCE: IC 20-34-4-5.5; (07)SB0327.2.2. -->     SECTION 2. IC 20-34-4-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 5.5. (a) Each school that enrolls grade 6 female students shall require the parent of a female student entering grade 6 to furnish not later than the twenty (20) school days after the first day of school a written statement prescribed by the state department of health under subsection (b) stating that the parent has received the information required under section 3(b) of this chapter and that:
        (1) the student has received or is receiving the immunization; or
        (2) the parent has decided not to have the student immunized;
against the human papillomavirus (HPV) infection.
    (b) The state department of health shall prescribe the format for the written statement required under subsection (a).
    (c) The state department of health shall adopt rules under IC 4-22-2 necessary to implement this section.

SOURCE: IC 20-34-4-6; (07)SB0327.2.3. -->     SECTION 3. IC 20-34-4-6, AS ADDED BY P.L.231-2005, SECTION 45, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 6. (a) Not later than sixty (60) days after the enrollment of students for the first time and when additional immunizations are required by statute or rule, each school shall file a written report with the state department of health and the local health

department having jurisdiction. The report must include the following:
        (1) A statement of the number of students who have demonstrated immunity against diphtheria, pertussis (whooping cough), tetanus, measles, rubella, poliomyelitis, mumps, and hepatitis B.
        (2) A statement of the number of students who have not demonstrated immunity against the illnesses listed in subdivision (1).
        (3) A statement of the number of students who have been found positive for sickle cell anemia or lead poisoning.
         (4) Beginning in the 2008-2009 school year, a statement of the number of required female students who:
            (A) have; and
            (B) have not;
         been immunized against human papillomavirus (HPV) infection.
    (b) The state department of health and the local health department shall, for good cause shown that there exists a substantial threat to the health and safety of a student or the school community, be able to validate immunization reports by onsite reviews or examinations of nonidentifying immunization record data. This section does not independently authorize the state department of health, a local department of health, or an agent of the state department of health or local department of health to have access to identifying medical or academic record data of individual students attending nonaccredited nonpublic schools.
    (c) A school shall file a report for each student who enrolls after the filing of the report for students who enrolled at the beginning of the school year. The state department of health has exclusive power to adopt rules for the administration of this section.