T39CH48

Title 39 > T39CH48

Sections (3)

39-4801

TITLE 39 HEALTH AND SAFETY CHAPTER 48 IMMUNIZATION 39-4801. Immunization — exemptions. (1) Except as provided in subsections (5) and (6) of this section, any child in Idaho of school age may attend preschool and kindergarten through grade twelve (12) of any public, private, or parochial school operating in this state if otherwise eligible, provided that, upon admission, the parent or guardian shall provide an immunization record to the school authorities regarding the child’s immunity to certain childhood diseases. This record, signed by a physician, the physician’s representative, or another licensed health care professional, shall verify that such child has received or is in the process of receiving immunizations as specified by this section or can effectively demonstrate, through verification in a form approved by the department of health and welfare, immunity gained through prior contraction of the disease. (2) The manner and frequency of administration of age appropriate immunizations pursuant to this subsection shall conform to recognized standard medical practices in the state: (a) All children require the following: (i) Diphtheria, Tetanus and A-Cellular Pertussis (DTaP) vaccine, five (5) doses; (ii) Hepatitis A vaccine, two (2) doses; (iii) Hepatitis B vaccine, three (3) doses; (iv) Measles, Mumps, and Rubella (MMR) vaccine, two (2) doses; (v) Polio vaccine, four (4) doses; and (vi) Varicella vaccine, two (2) doses. (b) In addition to the criteria listed in paragraph (a) of this subsection, the following must be met for admission into the seventh grade: (i) Diphtheria, Tetanus and A-Cellular Pertussis (DTaP) Booster, one (1) dose; and (ii) Meningococcal vaccine, one (1) dose. (c) In addition to the criteria listed in paragraphs (a) and (b) of this subsection, prior to admission into the twelfth grade, students who received their first dose of meningococcal vaccine before sixteen (16) years of age must have two (2) doses of meningococcal vaccine, and students who received their first dose of meningococcal vaccine at sixteen (16) years age of older, or those who have never received a dose, must have one (1) dose of meningococcal vaccine. (3) A student not meeting the conditions of this section shall be excluded by school authorities, and such students may not attend any Idaho public, private, or parochial school until the student is in compliance. A student exempted under subsections (5) or (6) of this section may be excluded by the department in the event of a disease outbreak. (4) School authorities shall submit a report of the school’s immunization status by grade to the department on or before November 1 each year, including the following information: (a) Inclusive dates or reporting period; (b) Name and address of school, school district, and county; (c) Grade being reported and total number of students enrolled in the grade; (d) Name and title of the person completing the report form; (e) Number of students who meet all of the immuni

39-4803

TITLE 39 HEALTH AND SAFETY CHAPTER 48 IMMUNIZATION 39-4803. Immunization registry. (1) The department of health and welfare shall provide for the establishment of a voluntary registry of the immunization status of Idaho children against childhood diseases. The registry shall be maintained and its data disclosed as set out herein to further the following purposes: (a) To make immunizations readily available to every Idaho citizen that desires to have their child immunized; (b) To increase the voluntary immunization rate in Idaho to the maximum extent possible without mandating such immunizations; (c) To recognize and respect the rights of parents and guardians to make health care decisions for their children; and (d) To provide for timely reminders to parents of children in the registry. (2) The name of a child and information relating to the immunization status of that child shall be collected and included in the registry unless a parent, guardian or other person legally responsible for the care of the child chooses not to have the child included in the registry upon a specified written statement. Such statement may not be part of a general authorization or release. The registry shall contain the following information for each child: (a) The child’s name, address and birth date; (b) The name and address of each parent of the child; (c) The month, day, year and type of each immunization that has been administered to the child; (d) The name, address and phone number of each provider that has administered an immunization to the child; (e) If requested by a parent or guardian, any statement made pursuant to subsection (4) of this section; and (f) Other information as authorized or requested by a parent or guardian. (3) The department of health and welfare shall only disclose information relating to an individual child in the registry to the following upon a specific request: (a) Employees of the health district in which the child resides or seeks medical services; (b) Health records staff of the school or school district in which the child is enrolled; (c) The operator of a licensed daycare facility in which the child is enrolled; (d) Persons who are legally responsible for the long-term care of the child, including operators of licensed ICF/ID’s and residential or assisted living facilities, adoptive and foster parents and a guardian appointed pursuant to chapter 5, title 15 , Idaho Code; (e) Any health care provider rendering treatment to the child, and the provider’s agents; (f) Any person possessing a lawful release, properly executed by the child’s parent or guardian; (g) A parent of the child; (h) Any hospital where the child is receiving care; or (i) The Idaho health data exchange. (4) A parent or guardian of the child shall have free and open access to all information in the registry that relates to their child or themselves. Upon the written request of a parent or guardian, the department of health and welfare shall: (a) Cause all informatio

39-4804

TITLE 39 HEALTH AND SAFETY CHAPTER 48 IMMUNIZATION 39-4804. Notification to parent or guardian. (1) Before an immunization is administered to any child in this state, the parent or guardian of the child shall be notified that: (a) Immunizations are not mandatory and may be refused on religious or other grounds; (b) Participation in the immunization registry is voluntary; (c) The parent or guardian is entitled to an accurate explanation of the complications known to follow such immunization. (2) At the time information is initially collected regarding any child for entry into the registry created pursuant to this chapter, the parent or guardian shall be notified that: (a) They have the right under Idaho law to submit a statement pursuant to the provisions of sections 39-1118 and 39-4801 (5) or (6), Idaho Code, which exempts them from any requirement to have information regarding the child entered into the registry; (b) At any time they have the right to remove any information from the registry regarding the child; and (c) Immunizations are not mandatory and may be refused on religious or other grounds. (3) The decision of a parent or guardian to: (a) Submit a statement pursuant to the provisions of either section 39-1118 (2) or 39-4801 (5) or (6), Idaho Code; (b) Remove any information regarding the child from the registry pursuant to the provisions of section 39-4803 (4), Idaho Code; or (c) Refuse the immunization on religious or other grounds; shall not be used in any manner against the interests of the parent or guardian in any administrative, civil or criminal action. History: [39-4804, added 1999, ch. 347, sec. 3, p. 930; am. 2010, ch. 336, sec. 2, p. 890; am. 2025, ch. 174, sec. 5, p. 823.]