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DIVISION 1. GOVERNMENT
TITLE 18. EDUCATION
CHAPTER 302A. EDUCATION
[PART IV.] PROVISIONS AFFECTING SYSTEM STRUCTURE
HRS § 302A-901 (2006)
§302A-901. Specific definitions.
For the purposes of sections 302A-1154 to 302A-1163,
"school" means any day care center, child care facility,
headstart program, preschool, kindergarten, elementary, or secondary
school, public or private, including any special school for children
in the State.
HRS § 302A-1154 (2006)
§ 302A-1154.
Immunization upon entering school; tuberculosis clearance
(a) No child shall attend any school in the
State unless the child presents to the appropriate school official
documentation satisfactory to the department of health that the
child has received immunizations against communicable diseases as
required by the department of health.
(b) No child shall be admitted to attend any
school for the first time in the State unless the child presents
to the appropriate school official documentation satisfactory to
the department of health that the child has been examined and tested
according to the rules of the department, and is free from tuberculosis
in a communicable form.
HRS § 302A-1155
(2006)
§ 302A-1155.
Provisional entrance to school
(a) A child may enter school provisionally upon
submitting written documentation from a licensed physician, advanced
practice registered nurse, or an authorized representative of the
department of health stating that the child is in the process of
receiving the required immunizations. Further documentation showing
that the required immunizations have been completed shall be submitted
to the appropriate school official no later than three months after
the child first entered the school. If all of the required immunizations
cannot be completed within three months due to the length of the
minimum intervals between doses of a particular vaccine required
by the department of health, provisional admission may be extended
so long as the child's parent or guardian provides documentation
that appointments for required immunizations have been made and
that progress toward completing the immunizations continues in accordance
with the requirements of the department of health.
(b) Provisional entrance to school may be suspended
by the department of health when there is danger of an epidemic
from any of the communicable diseases for which immunization is
required.
HRS § 302A-1156
(2006)
[§ 302A-1156].
Exemptions
A child may be exempted from the required immunizations:
(1) If a licensed physician certifies that
the physical condition of the child is such that immunizations
would endanger the child's life or health; or
(2) If any parent, custodian, guardian, or any other person in
loco parentis to a child objects to immunization in writing on
the grounds that the immunization conflicts with that person's
bonafide religious tenets and practices. Upon showing the appropriate
school official satisfactory evidence of the exemption, no certificate
or other evidence of immunization shall be required for entry
into school.
HRS § 302A-1157 (2006)
[§ 302A-1157].
Exemptions from immunization; not recognized; epidemic conditions
If at any time there is, in the opinion of the
department of health, danger of an epidemic from any of the communicable
diseases for which immunization is required under sections 302A-1154
to 302A-1163, no exemption from immunization against the disease
shall be recognized. Quarantine shall be a legal alternative to
immunization.
HRS § 302A-1162 (2006)
§ 302A-1162. Rules
(a) The department of health shall adopt rules
under chapter 91 relating to immunization, physical examination,
and tuberculin testing under sections 302A-1154 to 302A-1163. Immunizations
required, and the manner and frequency of their administration,
shall conform with recognized standard medical practices. The list
of diseases and minimum requirements for protection under sections
302A-1154 to 302A-1163 may be revised whenever the department of
health deems it necessary for the protection of public health.
(b) The department shall establish by rule standards
for documentation of compliance with school health requirements
under sections 302A-1154 through 302A-1163.
HRS § 302A-1163 (2006)
[§ 302A-1163].
Enforcement
The department of health shall administer and
enforce the immunization and tuberculin test requirements under
sections 302A-1154 to 302A-1163.
DIVISION 1. GOVERNMENT
TITLE 19. HEALTH
CHAPTER 325. INFECTIOUS AND COMMUNICABLE DISEASES
PART II. VACCINATION AND IMMUNIZATION
HRS § 325-32 (2006)
§ 325-32. Immunization
against infectious diseases
The department of health may adopt rules requiring
and governing immunization against typhoid fever, pertussis (whooping
cough), diphtheria, tetanus, poliomyelitis, measles, mumps, hepatitis
B, rubella, haemophilus influenzae type B, and any other communicable
disease, if a suitable immunizing agent is available for the disease
and a need for immunization against it exists within the State.
The department may also provide vaccines and other immunizing agents
to private and public health care providers for administration to
the general public.
HRS § 325-34 (2006)
§ 325-34. Exemptions
Section 325-32 shall be construed not to require
the vaccination or immunization of any person for three months after
a duly licensed physician or an authorized representative of the
department of health has signed two copies of a certificate stating
the name and address of the person and that because of a stated
cause the health of the person would be endangered by the vaccination
or immunization, and has forwarded the original copy of the certificate
to the person or, if the person is a minor or under guardianship,
to the person's parent or guardian, and has forwarded the duplicate
copy of the certificate to the department for its files.
No person shall be subjected to vaccination,
revaccination or immunization, who shall in writing object thereto
on the grounds that the requirements are not in accordance with
the religious tenets of an established church of which the person
is a member or adherent, or, if the person is a minor or under guardianship,
whose parent or guardian shall in writing object thereto on such
grounds, but no objection shall be recognized when, in the opinion
of the director of health, there is danger of an epidemic from any
communicable disease.
HRS § 325-35 (2006) §
325-35. Forms and procedures
The department of health may prescribe forms
and procedures to achieve the purposes of sections 325-32 to 325-34
and shall maintain a complete roster of all exemptions from vaccination
or immunization.
TITLE 11. DEPARTMENT OF HEALTH
CHAPTER 157. EXAMINATION AND IMMUNIZATION
Hawaii Admin. Rules § 11-157 (2006)
§ 11-157-2. Definitions. As used
in this chapter:
"Post-secondary school" means any adult
education school, business school, trade school, community college,
college or university enrolling or registering students above the
age of compulsory school attendance.
"School" means any child care center,
preschool, day care center, day nursery, Head Start program, group
child care home, kindergarten, elementary, intermediate, middle,
or secondary school, but excludes afterschool programs, family child
care, parent cooperatives, play groups, respite programs, and drop-in
child care centers.
"Student" means any child or adult
enrolled in any school or postsecondary school in the State.
§11-157-3 Immunization.
Immunizations against certain specified diseases,
including minimum spacing between doses, and other conditions governing
acceptability of immunizations, are required as set forth in the
following exhibits:
Exhibit A, "Guide to Hawaii Pediatric
Immunization Requirements (July 1, 2002)"
Exhibit B, "Guide to Hawaii Immunization & Examination
Requirements for Schools (July 1, 2002)."
Exhibit C, "Guide to Hawaii Post-Secondary School Immunization
& Tuberculosis Examination Requirements (July 1, 2002)."
The Exhibits are located at the end of and are
made a part of this chapter. If an exhibit conflicts with this chapter,
this chapter shall prevail. Implementation of the amendments to
this section shall occur on July 1, 2002.
NOTE: To see the above Exhibits, Click on "State
of Hawaii Administrative Rules Regarding Examination and Immunization"
in the"Other Resources" above. Exhibit A is found on page
9; Exhibit B, page 12; and Exhibit C, page 17.
§11-157-5 Exemptions.
(a) Medical exemptions from the requirements
for specific immunizing agents shall be granted upon certification
by a physician on the physician's professional stationery that an
immunization is medically contraindicated for a specific period
of time. The original certificate shall be provided to the exempt
person or parent or guardian. A copy of the certificate shall be
maintained in the student's school health record. Reports of such
certificates shall be submitted to the department by each school.
(b) A religious exemption shall be granted to
a student whose parent, custodian, guardian, or other person in
loco parentis certifies that the person's religious beliefs prohibit
the practice of immunization. Requests for religious exemptions
based on objections to specific immunizing agents will not be granted.
Students who have reached the age of majority shall apply on their
own behalf. The certification shall be retained in the student's
health record. Reports of such exemptions shall be submitted to
the department by each school.
(c) If at any time, the director determines
that there is the danger or presence of an outbreak or epidemic
from any of the communicable diseases for which immunization is
required under this chapter, the exemption from immunization against
such disease shall not be recognized and inadequately immunized
students shall be excluded from school until the director has determined
that the presence or danger of the outbreak or epidemic no longer
exists.
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