R396-100-6. Reporting Requirements.
R396-100-7. Conditional Enrollment and Exclusion.
R396-100-8. Exclusions of Students Who Are Under Exemption and Conditionally Enrolled Status.
Date of Enactment or Last Substantive Amendment
Notice of Continuation
Authorizing, Implemented, or Interpreted Law
(1) Each school and early childhood program shall report the following to the Department in the form or format prescribed by the Department:
(a) by November 30 of each year, a statistical report of the immunization status of students enrolled in a licensed day care center, Head Start program, and kindergartens;
(b) by November 30 of each year, a statistical report of the two-dose measles immunization status of all kindergarten through twelfth grade students;
(c) by November 30 of each year, a statistical report of diphtheria, tetanus, hepatitis B, varicella, and the two-dose measles immunization status of all seventh grade students; and
(d) by June 15 of each year, a statistical follow-up report of those students not appropriately immunized from the November 30 report in all public schools, kindergarten through twelfth grade.
(2) The information that the Department requires in the reports shall be in accordance with the Centers for Disease Control and Prevention guidelines.
A school or early childhood program may conditionally enroll a student who is not appropriately immunized as required in this rule. To be conditionally enrolled, a student must have received at least one dose of each required vaccine and be on schedule for subsequent immunizations. If subsequent immunizations are one calendar month past due, the school or early childhood program must immediately exclude the student from the school or early childhood program.
(1) A school or early childhood program with conditionally enrolled students shall routinely review every 30 days the immunization status of all conditionally enrolled students until each student has completed the subsequent doses and provided written documentation to the school or early childhood program.
(2) Once the student has met the requirements of this rule, the school or early childhood program shall take the student off conditional status.
(1) A local or state health department representative may exclude a student who has claimed an exemption to all vaccines or to one vaccine or who is conditionally enrolled from school attendance if there is good cause to believe that the student has a vaccine preventable disease and:
(a) has been exposed to a vaccine-preventable disease; or
(b) will be exposed to a vaccine-preventable disease as a result of school attendance.
(2) An excluded student may not attend school until the local health officer is satisfied that a student is no longer at risk of contracting or transmitting a vaccine-preventable disease.
Enforcement provisions and penalties for the violation or for the enforcement of public health rules, including this Immunization Rule for Students, are prescribed under Section 26-23-6. A violation is punishable as a class B misdemeanor on the first offense, a class A misdemeanor on the second offense or by civil penalty of up to $5,000 for each violation.
Rule converted into HTML by the Division of Administrative Rules.
For questions regarding the content or application of rules under Title R396, please contact the promulgating agency (Health, Community and Family Health Services, Immunization). Click here for a list of agencies with links to their homepages.
For questions about the rulemaking process, please contact the Division of Administrative Rules. Please note: The Division of Administrative Rules is not able to answer questions about the content or application of these rules.
The HTML version of this rule is a convenience copy. This information is made available on the Internet as a public service. Please see this disclaimer about information available from the Division of Administrative Rules.