23-07-17.1. Inoculation required before admission to school.
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/nd/title-23/chapter-23-07-reportable-diseases/23-07-17-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. A child may not be admitted to any public, private, or parochial school, or day care
center, child care facility, head start program, or nursery school operating in this state
or be supervised through home-based instruction unless the child's parent or guardian
presents to the institution authorities a certification from a licensed physician or
authorized representative of the department of health and human services that the
child has received age-appropriate immunization against diphtheria, pertussis, tetanus,
measles, rubella (German measles), mumps, hepatitis B, haemophilus influenza
type b (Hib), varicella (chickenpox), poliomyelitis, pneumococcal disease,
meningococcal disease, rotovirus, and hepatitis A. In the case of a child receiving
home-based instruction, the child's parent or legal guardian shall file the certification
with the public school district in which the child resides.
2. A child may enter an institution upon submitting written proof from a licensed physician
or authorized representative of the department of health and human services stating
that the child has started receiving the required immunization or has a written consent
by the child's parent or guardian for a local health service or department to administer
the needed immunization without charge or has complied with the requirements for
certificate of exemption as provided for in subsection 3.
3. Any minor child, through the child's parent or guardian, may submit to the institution
authorities either a certificate from a licensed physician stating that the physical
condition of the child is such that immunization would endanger the life or health of the
child or a certificate signed by the child's parent or guardian whose religious,
philosophical, or moral beliefs are opposed to such immunization. The minor child is
then exempt from the provisions of this section.
4. The enforcement of subsections 1, 2, and 3 is the responsibility of the designated
institution authority.
5. The immunizations required, and the procedure for their administration, as prescribed
by the department of health and human services, must conform to recognized
standard medical practices in the state. The department of health and human services
shall administer the provisions of this section and shall promulgate rules and
regulations in the manner prescribed by chapter 28-32 for the purpose of administering
this section.
6. When, in the opinion of the health officer, danger of an epidemic exists from any of the
communicable diseases for which immunization is required under this section, the
exemptions from immunization against such disease may not be recognized and
children not immunized must be excluded from an institution listed in subsection 1
until, in the opinion of the health officer, the danger of the epidemic is over. The
designated institution authority shall notify those parents or guardians taking legal
exception to the immunization requirements that their children are excluded from
school during an epidemic as determined by the department of health and human
services.
7. When, in the opinion of the health officer, extenuating circumstances make it difficult or
impossible to comply with immunization requirements, the health officer may authorize
children who are not immunized to be admitted to an institution listed in subsection 1
until the health officer determines that the extenuating circumstances no longer exist.
Extenuating circumstances include a shortage of vaccine and other temporary
circumstances.